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09/13/2016
ER c� z �G� 0 COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis District 1 Peter D. O'Bryan District 4 Tim Zorc District 3 1. 2. 3. 4. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 13, 2016 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 180127 1h Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 9:00 A.M. Commissioner Wesley S. Davis Commissioner Tim Zorc ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS PAGE 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation to Honor Senator Thad Altman 1 -------------------------------------------------------------------------------------------------------------------- B. Presentation of Proclamation National POW/MIA Recognition Day, Friday, September -16, 2016 2 September 13, 2016 Page I of 10 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Presentation of Proclamation Designating September 17, 2016 as Keep _ Indian River Beautiful International Coastal Cleanup Day 3 ----- -- - -- ------ -- -- - ---- --- - - -- D. Presentation of Proclamation Designating September 12 — 16, 2016 as Industry Appreciation_ Week in Indian_River_County, Ylorida ----------------------------------- 4- E. Presentation of Proclamation Designating the Month of September, 2016, as Suicide Awareness Month $ -------------------------------------------------------------------------------------------------------------------- F. Presentation of Proclamation Designating the Month of September, 2016, as Attendance Awareness Month 6- 6. APPROVAL OF MINUTES A. Regular Meeting of July 12, 2016 B. Regular Meeting of August 16, 2016 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Florida Department of Agriculture and Consumer Services, Florida Forest Service,_Indian River County 2016_ Annual_ Fire -Management- Report --------------------- 7-11 B. Update on All Aboard Florida / Vero Electric Expenses _ _(memorandum dated September_) , 2016) _ _ _ 12-17 C. Indian River County Venue Event Calendar Review ------------------------------------------------------------------------------------------------------------18-19 -------- D. Florida Public Service Commission Order No. PSC -16 -0362 -TRF -EI Order Approving Revenue Requirement for the Hines Chillers Uprate Project, by Duke Energy Florida, LLC, has been received and is available for review in the Office of the Clerk to the Board --- -------------------------------------------------------------------------------------------------------------------- E. Florida Public Service Commission Order No. PSC -16 -0363 -TRF -EI Order Approving Duke Energy Florida, LLC's Modifications to Premier Power Service Rider, Modifications to Local Government Underground Cost Recovery Tariff, and New Local Government Underground Cost Recovery Contract, has been received and is available for review in the Office of the -- Clerk to the - Board --- ----------------------------------------------------------------------------------------------------------------- September 13, 2016 Page 2 of 10 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION PAGE F. Florida Public Service Commission Docket No. 160049- EU - Petition for modification of territorial order based on changed legal circumstances emanating from Article VIII, Section 2(c) of the Florida Constitution , by the Town of Indian River Shores, has been received and is available for review in the Office of the Clerk to -the -Board --- G. Florida Public Service Commission Conference Agenda for Tuesday, September 13, 2016, has been received and is available for review in the Office of the Clerk -to -the Board --- 8. CONSENT AGENDA A. Approval of Checks and Electronic Payments August 5, 2016 to August 11, 2016 __(memorandum dated August 11,_2016)_____________________________________________ _ 20.28 B. Approval of Checks and Electronic Payments August 12, 2016 to August 18, 2016 (memorandum dated August 18,_2016)29-35 ----------------------------------------------------------------- C. Approval of Checks and Electronic Payments August 19, 2016 to August 25, 2016 __(memorandum dated August 25,_2016)__________________________________________________ 36.44 D. Approval of Checks and Electronic Payments August 26, 2016 to September 1, 2016 (memorandum dated September_l, 2016)_ 45-52 -------------------------------------------------------------- E. FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature for 43`d Avenue Sidewalk Improvements from Aviation Boulevard to Airport Drive West FM No. 431725-2-58/68/01 (memorandum dated Aygust 29, 2016) 53-92 F. Carole Jean Jordan, Tax Collector, Request for the Tax Roll to be Extended Prior to the Completion of the Value Adjustment Board Hearings Pursuant to Florida Statute 197.323 (memorandum dated August 18, 2016) -------- -- _ _ _ _ 93-94 G. Authorization to Attend Public Funds Investment Seminar (memorandum dated August 25,_2016)____________________________ 95-96 ------------------------------------- September 13, 2016 Page 3 of 10 8. CONSENT AGENDA PAGE H. Extension of Old Vero Ice Age Display on Second Floor of Building A, County Administration Building _(memorandum dated September 7,2016) ----------------- 97-98 I. The Reserve at Vero Beach P.D. — Final Lift of Asphalt Guaranty __(memorandum dated August 29,_2016)99-100 ----------------------------------------------------------------- J. Resolution Canceling Taxes on Property Dedicated to Indian River County for Right -of -Way in Connection with Dollar General at Oslo Project __(memorandum dated August 10,_2016)_ 101-108 K. Fifth Amendment to Extend the Contract for Providing Animal Shelter Services for Indian River County __(memorandum_dated September 6, 2016) 109-111 --------------------------------------------------- ----------- L. Award of Bid, South County Park General Use Field, IRC Project No. 1425, Bid No. 2016048 __(memorandum_dated August 31,_2016)_______ 112-122 M. Approval of Award for Bid 2017003 — Annual Bid for Instrument Control Technician for Water and Wastewater Utilities (memorandum dated August 30,k 2016 ______ 123-124 -- ----------------------------- N. Approval of Award for Bid 2017004 — Annual Bid for Sulfuric Acid (memorandum dated August 30,_2016)_____________________________________________________ 125=126 O. Miscellaneous Budget Amendment 025 __(memorandum_dated August 30,_2016)______________ 127-131 P. Justice Assistance Grant Miscellaneous Budget Amendment 026 __(memorandum dated August 30,_2016) 132-134 ----------------------------------------------------------------- Q. Work Order No. 8 with KHA — South RO Water Treatment Facility 2016/2017 Permit Renewal (memorandum dated August 31, 2016) 135-141 R. 26`h Street — Advance Acquisition of Right -of -Way, 2605 52nd Avenue Vero Beach, Fl 32966, Owner: Michael Staller (memorandum dated August 30,_2016)_____________________________________________________ 142-149 S. Intergenerational Recreation Facility at South County Regional Park Bill of Sale of Utility Facilities __(memorandum_dated August 30, 2016) 150-153 -------------------------------------------------------------- --- September 13, 2016 Page 4 of 10 8. CONSENT AGENDA PAGE T. 2016/2017 State/County Contract Indian River County Health Department __(memorandum dated August 31,_201.6) __________ 1-5-4--l-74- U. Approval to Reimburse CanaRx for Optional International Pharmacy Benefit Provided to Group Medical Insurance Plan Members (memorandum dated September 6, 2016)__________________________________________________ 175-176_ V. Third Party Claims Administration Agreement __(memorandum dated August 29,_2016)_____________________________________________________ 177-210 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. I_ndian River County Sheriff Deryl Loar: Request for Expenditure from the Criminal and Sex Offender Registrant Fee Account -(letter-dated August 19,_2016)_ 211 10. PUBLIC ITEMS A. B. C. PUBLIC HEARINGS None PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Fred Mensing Regarding Amtrak — All Aboard Florida 212 PUBLIC NOTICE ITEMS Notice of Scheduled Public Hearines for September 20.2016: _(memondum dated- August- 2016)_____ ___________________________________213-214 - - - ra- - - -dated- - a. Consideration of Proposed Temporary Use Permit Regulations for Farmers Market Events in Gifford (Sale of Fruits, Vegetables, and Food) [Legislative] b. Consideration of Proposed Regulation Allowing Limited Recreational Vehicle Spaces in Mobile Home Parks Located Adjacent to Interstate 95 and West of 90'' Avenue [Legislative] September 13, 2016 Page 5 of 10 10. PUBLIC ITEMS PAGE C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearings for September 20. 2016 Continued: (memorandum dated August 26, 20161____________________ _____ 213.214 C. Consideration of Amendments to Land Development Regulations (LDRs) Chapters 901 (Definitions), 911 (Zoning), and 971 (Specific Land Use Criteria) to Establish Regulations for Medical Marijuana Treatment Centers [Legislative] d. Orchard Park PD: Request for conceptual planned development (PD) and special exception approval for a 73 lot detached single-family project to be known as Orchard Park. Located on the north side of 1 ' Street SW and the east side of 58th Avenue. Showcase Designer Homes, LLC, Owner. Schulke, Bittle & Stoddard, LLC, Agent. Zoning: RS -3 (Residential Single -Family up to 3 units/acre). Land Use Designation: L-1 (Low -Density Residential 1 up to 3 units/acre). Density: 2.00 units/acre [Quasi -Judicial] e. Frank Richardson's request to rezone ±3.59 acres located at the northeast corner of 33`d Street and 66th Avenue, from A- 1, Agricultural District (up to 1 unit/5 acres), to RS -3, Single -Family Residential District (up to 3 units/acre) [Quasi -Judicial] E Consideration of a modification (reduction) to a special exception use approval condition regarding perimeter property setbacks for the camp/retreat facility known as Epic Missions located at 6025 12th Street [Quasi -Judicial] 2. Notice of Scheduled Public Hearing for September 20, 2016: Consider a Water Main to be installed within the Pinson Subdivision in Indian River County, Florida _(memorandum -dated August 24,_2016)215 ------------------------------------------------------ 11. COUNTY ADMINISTRATOR MATTERS A. Collective Bargaining Agreement Between Indian River County and Teamsters Local Union No. 769 (memorandum dated September 7,2016) ----------------------- 216-221 -------------------------------------- September 13, 2016 Page 6 of 10 12. DEPARTMENTAL MATTERS A. Community Development None PAGE B. Emergency Services 1. Signing of Work Order No. 1 for Radio System P25 Migration Project __(memorandum dated September 6, 2016)_______________________________ 222-226 C. General Services None 1, Human Services None 2. Sandridge Golf Club None 3, Recreation None D. Human Resources None E. Office of Management and Budget None F. Public Works None G. Utilities Services None 13. COUNTY ATTORNEY MATTERS None September 13, 2016 Page 7 of 10 14. COMMISSIONERS MATTERS PAGE A. Commissioner Bob Solari, Chairman None B. Commissioner Joseph E. Flescher, Vice Chairman None C. Commissioner Wesley S. Davis 1. Transfer of Middleton Fish Camp Lease __(memorandum dated September 6, 2016) 227-229 ---------------------------------------------------- D. Commissioner Peter D. O'Brvan None E. Commissioner Tim Zorc 1. Office Accommodations for Elected State Officials at the County's Administration Complex _(memorandum _dated August 31,_2016)_ _ _ _ _ _ _ _ _ _ _ _ _ 230-231 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1. Approval of Minutes Meeting of August 16, 2016 2. Approval of Extension to Agreement for Professional Design and Building Services with Barth Construction, Inc. _(memorandum dated September 6, 2016)232-250 ---------------------------------------------------- 3. Approval of FY 2016/17 EMS County Awards Grant: Purchase of Capital/Operating Equipment Using Non -Matching EMS Grant Funds and Grant Resolution __(memorandum dated -September _I3,_2016) --------------------------------------- 251-257 B. Solid Waste Disposal District 1. Approval of Minutes Meeting of July 12, 2016 2. Approval of Minutes Meeting of August 16, 2016 September 13, 2016 Page 8 of 10 15. SPECIAL DISTRICTS AND BOARDS PAGE B. Solid Waste Disposal District 3. Request Approval for a Residential Paper Shredding Event on November 19, 2106 _(memorandum dated September_l, 2016)_________________________ _ __258-261_ 4. Summary of Responses to the Request for Information (RF 1#2016039) for Solid Waste Processing and Recycling Services _(memorandum dated September 1, 2016) ---------------------------------------- 262-269 C. Environmental Control Board 1. Approval of Minutes Meeting of October 14, 2014 2. ECHB Annual Report (October 1, 2014 — September 30, 2015) __(memorandum dated August -1-8,-201-6) ----------------------_ 270.277 3. Partial Release of Lien _ _(memorandum dated September 7, 2016) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 278-280 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com 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. September 13, 2016 Page 9 of 10 Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. September 13, 2016 Page 10 of 10 PROCLAMATION TO HONOR SENATOR THAD ALTMAN WHEREAS, Senator Thad Altman has lived in east Central Florida for more than fifty years. Senator Altman and his wife. Mary Pat, have 3 children, and WHEREAS, Senator Altman began his political career in 1985 serving as a Brevard County Commissioner. During a Special Election in 2003, Senator Altman was elected to the Florida House of Representatives where he served until November 2008. Subsequently, Senator Altman was elected to serve in the Florida Senate to represent portions of Brevard, Orange and Seminole Counties-, and WHEREAS, in 2012. Senator Altman was reelected to serve the newly formed Senate District 16 which includes the southern half of Brevard County and the northern portion of Indian River County; and WHEREAS, throughout his decorated tenure as a member of the Florida Senate, Senator Altman has been a dedicated leader and protector of Florida's service men and women, military veterans, environment, space program and small businesses; and WHEREAS, during the past four (4) years Senator Altman represented Indian River County in the Florida Senate, he has worked diligently to honor and support the best interests of our community by serving in a number of leadership roles including, but not limited to, Chairman of the Military Affairs, Space, and Domestic Security Committee (2012-2014), Chairman of Military and Veterans Affairs, Space and Domestic Security Committee (2014-2016), and Vice Chairman of the Children, Families, and Elder Affairs Committee (2014-2016); and WHEREAS, from 2012 to 2014, Senator Altman also served on the Indian River Lagoon and Lake Okeechobee Basin Committee which was tasked to investigate policies, spending, and any other governmental activities which may impact the water management in the Indian River Lagoon and Lake Okeechobee Basin. In an effort to promote, clean and protect the Indian River Lagoon, Senator Altman successfully fought for and assisted in securing millions of dollars in funding from the State of Florida, and WHEREAS, Senator Altman is rightfully honored on this day for his service to Indian River County and to the residents District 16. His tireless work on behalf of his constituents is justly acknowledged, and he is hereby commended and granted best wishes in his future endeavors in the Florida House of Representatives, and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Senator Thad Altman on his past and future leadership roles, and the Board wishes to express its appreciation for the dedicated service he has given Indian River County for the last four (4) years. Adopted this 13th day of September, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chair n J e h . Flescher, Vice Chairman Vleslgy S. Day�s� f� .7/ J/ Peter D. O' n Tim Z rc PROCLAMATION National POW/MIA Recognition Day Friday September 16, 2016 WHEREAS, National Prisoner of War/Missing in Action (POW/MIA) Recognition Day was proclaimed by an act of the United States Congress in 1998; and WHEREAS, National POW/MIA Recognition Day is therefore observed by our citizens on the third Friday in September every year, this year falling on September 16, 2016; and WHEREAS. according to the Defense POW/MIA Accounting Agency there are more than 83,000 Americans still unaccounted for from past conflicts; and WHEREAS, the Veterans Council of Indian River County, a local non-profit established by volunteers to support and remember our local veterans, will now present a county -wide re -dedication ceremony at 11:00 AM on September 16 2016 at the Indian River Mall to honor our missing heroes; and WHEREAS, the Veterans Council asks any and all who will join us in respectful remembrance of our veterans, to be found present at the morning ceremony on National POW/MIA Recognition Day. NOW THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that we do hereby proclaim support of the Veterans Council of Indian River County and of our many veterans who are still prisoners of war or missing in action from current and past conflicts, we encourage all citizens to remember the fallen and the missing, and to participate in this ceremony at the Indian River Mall at 11:00 AM on September 16 2016. Adopted this 13th day of September, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RAVER COUNTY, FLORIDA Bob Solari, Chairman /'--_seph L Flescher, ice Chairman G e.sley S. Davis t Peter D. 'Bryan i TimZerc PROCLAMATION 'SG DESIGNATING SEPTEMBER 17, 2016 AS KEEP INDIAN RIVER BEAUTIFUL INTERNATIONAL COASTAL CLEANUP DAY WHEREAS, it is important that we protect our coastal, marine, and estuary areas; and WHEREAS, litter along roadways has an 80% chance of moving into our waterways; and WHEREAS, volunteers around the world become "Scientists for a Day" to catalog every piece of litter picked up; and WHEREAS, The Ocean Conservancy compiles the data from the world's largest volunteer effort to cleanup waterways and oceans; and WHEREAS, this is the 31St annual International Coastal Cleanup; and WHEREAS, this event empowers people on a local level to take action and make a difference in the world by volunteering on the same day as over 1 million volunteers in over 100 countries around the world and where Indian River County residents can stand strong together to show they care about our community and our environment. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that Saturday, September 17, 2016 be designated as "KEEP INDIAN RIVER BEAUTIFUL INTERNATIONAL COASTAL CLEANUP DAY" in Indian River County, and all residents are urged to come out and volunteer to help cleanup our coastal and marine areas. Adopted this 13th day of September 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Flescher, Vice Chairman W VS. Davis Peter D. O'Bryan Tim.Z-6rc % PROCLAMATION DESIGNATING SEPTEMBER 12-16, 2016, AS INDUSTRY APPRECIATION WEEK IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, business and industry in Indian River County is increasingly vital to the health of our community; and WHEREAS, while our economy continues to improve post -recession, the sustainability of Indian River County's existing industries is key to a prosperous future; and WHEREAS, the future expansion of those industries will account for the majority of new high -wage and high -skill jobs created in our county; and WHEREAS, our existing industries help sustain our quality of life by diversifying and strengthening our tax base in Indian River County; and WHEREAS, the Indian River County Chamber of Commerce serves as the county's primary economic development organization providing support for the retention and expansion of local industry; and WHEREAS, public awareness of the contributions made by industry is essential to the maintenance of good community -industry relationships; and WHEREAS, Indian River County government recognizes the achievements of our local businesses and industries; and WHEREAS, all residents are encouraged to take time to salute Indian River County industries, and their employees, for the contributions they make in our community. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of September 12-16, 2016, be designated as INDUSTRY APPRECIATION WEEK IN INDIAN RIVER COUNTY. Adopted this 13th day of September, 2016. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA �v Bob Solari, Chairman J e h . Flescher, Vice Chairman W y S. Davis Peter D. O' an Tim Zorc PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER, 2016, AS Suicide Awareness Month WHEREAS, New Horizons Mental Health, Primary Care, and Substance Abuse of the Treasure Coast and Okeechobee seek to increase awareness, encourage discussion, and educate the public about actions regarding mental health matters such as suicide, recognizing that greater awareness is critical to achieving "Zero Suicide" making suicide a "never event"; and, WHEREAS, 320 people having died by suicide on the Treasure Coast in the past four years, nine of them were teenagers, and, in fact, suicide is the leading cause of death for young people age 14-24 in Florida. South Florida has more suicides than murders and traffic fatalities combined, yet the stigma prevents open discourse and problem solving; and, WHEREAS, there is a significant stigma attached to the topic of suicide. Research shows that talking about suicide and encouraging people to get help does not increase the risk of suicide, rather addressing concerns, engaging the community, and educating the public decreases suicide risk factors such as social isolation; and, WHEREAS, September is National Suicide Awareness Month and is recognized in cities, counties, and states across America. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of September, 2016, be designated as Suicide Awareness Month in Indian River County, and the Board encourages all citizens to observe this month by re-educating themselves about risk factors and resources, speaking up when someone they know is struggling, offering support and caring words to those around them, and reaffirming the importance of working together to keep the community healthy. Adopted this 13th day of September, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman J sep . Flescher, Vice Chairman Wey . Davi 7l �> x'68, Peter D an Tim rc PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER, 2016, AS ATTENDANCE AWARENESS MONTH WHEREAS, chronic absences — missing 10 percent or more of school for any reason including excused and unexcused absences, or just two or three days a month — is a proven predictor of academic trouble and dropout rates-, and WHEREAS, improving attendance and reducing chronic absences takes commitment, collaboration, and tailored approaches to particular challenges and strengths in each community,- and WHEREAS, chronic absences predicts lower third-grade reading proficiency, course failure, and eventual dropout; and it weakens our communities and our local economy-, and WHEREAS, schools and community partners can reach out more frequently to absent students to determine why they are missing school and what would help them attend more regularly-, and WHEREAS, chronic absences can be significantly reduced when schools, parents, and communities work together to monitor and promote good attendance and address hurdles that keep children from getting to school. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of September, 2016, be designated as "Attendance Awareness Month" in Indian River County and the Board encourages all citizens to commit to focusing on reducing chronic absenteeism to give all children an equitable opportunity to learn, grow. and thrive academically, emotionally, and socially. Adopted this 13th day of September, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chair an J e h E. F escher I, Vic Chairman * * W"y S. Davis Peter D. 0'13ryan Tim Zoe l_.,% �i' FLORIDA FOREST SERVICE OKEECHOBEE DISTRICT (863) 467-3220 (863) 467-3222 FAX 7A 5200 HIGHWAY 441, NORTH OKEECHOBEE, FLORIDA 34972-8697 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM August 12, 2016 Indian River County Board of County Commissioners Joseph A. Baird, Administrator 1801 271h Street Vero Beach, FL 32960 Dear Mr.Baird, In accordance with Florida Statue 125.27 Countywide forest fire protection; the Florida Forest Service of the Department of Agriculture and Consumer Service will enter into an agreement with the board of county commissioners of each county in the state. The agreement will address the establishment and maintenance of countywide fire protection of all forest and wild lands within said county. Each county shall, under the terms of such agreements, be assessed each fiscal year, as its share of the cost of providing such fire protection, a sum in dollars equal to the total forest and wild land acreage of the county, as determined by the Florida Forest Service, multiplied by 7 cents. The forest and wild lands acreage included in such agreements shall be reviewed each year by the contracting parties and the number of forest and wild land acres and the annual fire control assessment adjusted so as to reflect the current forest acreage of the county. This report covers the period of July 1, 2015 through June 30, 2016. The report specifically details the Florida Forest Service accomplishments in Indian River County regarding the following: Total Acreage under Forest/ Wild lands Protection Rural Community Fire Protection Equipment Lease Burn Authorizations Training Fire Activity Staffing Fire Prevention Mitigation I appreciate your continuous collaboration with the Florida Forest Service in suppressing and preventing wildfires. If you have any questions feel free to contact me at (772)-778-5085 or Trevor.Taylor@freshfromflorida.coni . Sincerely/ Trevor Taylor Forest Area Supervisor 1-800-HELPFLA Fresh Fla" www.FreshFromFlorida.com 7 Florida For Annual Fire Management Report Florida Forest Service, District 16 - Indian River County Wildland fire protection is the primary responsibility for Florida Forest Service personnel in Indian River County. The Florida Forest Service activities in Indian River County include wildfire detection and suppression, private and public landowner assistance (plowing or harrowing pre -suppression fire lines, prescribed burning, etc.), and conducting wildfire prevention programs. The following is a breakdown of fire management activities performed by the Florida Forest Service in Indian River County for Fiscal Year 2015/2016. The Florida Forest Service suppressed 17 wildfires in Indian River County which burned 187.8 acres. Lightning accounted for 83.39 percent and miscellaneous breakout accounted for 7.99 percent of the total fire acres. A total of 570 burn authorizations were issued to customers in Indian River County. Burn types included 1,654 piles and 14,275 acres. For fiscal year 2015/2016, Indian River County was assessed $13,814.36 for fire management services on 197,348 acres. To reduce the threat of wildfires, the Florida Forest Service in Indian River County worked closely with Indian River County Conservation to treat several Wildland Urban Interface areas in Vero and Sebastian by roller chopping, mowing, and burning on approximately 75 acres. The Florida Forest Service cooperates with Indian River County Fire Rescue and Florida Park Service by working together to extinguish wildfires as well as leasing federal excess vehicles and equipment. Currently the Florida Park Service in Sebastian has two (2) heavy trucks that are outfitted with fire suppression equipment. Fire Prevention programs are essential to reduce the occurrence of human -caused fires. The Florida Forest Service has been tremendously successful in using Smokey Bear Programs to teach children about fire safety. Teens and adults are also educated to use fire responsibly and taught the difference between good fire and bad fire. Last year the wildfire prevention message was taken to The Firefighters Fair, Frog Leg Festival, Vero Beach Air Show, IRC public service event, Environmental learning center, and many local events in the community. In all activities, our mission is to protect and manage the forest resources of Florida, ensuring that they are available for future generations. 9 Florida Forest Service, District 16 - Indian River County ATTACHMENT: A (Fires by cause / Indian River County) Cause Fires Percent Acres Percent Campfire 1 5.88 1.0 0.53 Children 1 5.88 1.0 0.53 Debris Burn* 0 0 0.0 0 Debris Burn - -Au th-- Broad cast/Acreage 0 0 0.0 0 Debris Burn--Auth--Piles 0 0 0.0 0 Debris Burn--Auth--Yard Trash 0 0 0.0 0 Debris Burn--Nonauth--Broadcast/Acreage 0 0 0.0 0 Debris Burn--Nonauth--Piles 0 0 0.0 0 Debris Burn--Nonauth--Yard Trash 0 0 0.0 0 Equipment use* 0 0 0.0 0 Equipment --Agriculture 0 0 0.0 0 Equipment --Logging 0 0 0.0 0 Equipment --Recreation 0 0 0.0 0 Equipment --Transportation 0 0 0.0 0 Incendiary 1 5.88 0.1 0.05 Lightning 9 52.94 156.6 83.39 Miscellaneous --Breakout 1 5.88 15.0 7.99 Miscellaneous --Electric Fence 0 0 0.0 0 Miscellaneous --Fireworks 0 0 0.0 0 Miscellaneous --Power Lines 1 5.88 10.0 5.32 Miscellaneous --Structure 0 0 0.0 0 Miscellaneous --Other 0 0 0.0 0 Railroad 0 0 0.0 0 Smoking 0 0 0.0 0 Unknown 3 17.65 4.1 2.18 Total 17 187.8 a 10 Florida Forest Service, District 16 - Indian River County ATTACHMENT: B (Authorizations by type / Indian River County) Authorized Authorized Authorized Burn Type Fires Acres Piles Agricultural --Pasture 292 6,665 608 Agricultural --Range management 44 2,710 71 Agricultural - -Stubble (post harvest) 0 0 0 Agricultural --Sugarcane 0 0 0 Agriculture - -Citrus 202 0 951 Land clearing--Non-residential--With ACI 0 0 0 Land clearing--Non-residential--Without ACI 10 0 17 Land clearing-- Residential --With ACI 0 0 0 Land clearing--Residential--Without ACI 5 0 7 Silvicultural-- Disease control 0 0 0 Silvicultural-- Ecological 16 4,750 0 Silvicultural --Hazard removal 1 150 0 Silvicultural--Other 0 0 0 Silvicultural--Prior to seed 0 0 0 Silvicultural--Site preparation 0 0 0 Silvicultural--Wildlife 0 0 0 Total 570 14,275 1,654 41 11 INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: September 1, 2016 ' nn FROM: Michael Smykowski t/ " Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FLNERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 9/1/16. ATTACHED: • All Aboard Fl. expenses through 9/1/2016 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 9/1/2016 spreadsheet. FOR: September 13, 2016 Indian River County Dat Administrator Legal Budget S Z Department Risk Management 12 All Aboard Florida Expenses Indian River County 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorizations Acct#00110214-033110-15023 Legal Services Date Vendor Amount Note 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $642,468.12 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA' $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA" $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 'Split between St.Lucie, Indian River, and Martin Counties F:\Budget\All Aboard FL Expenses 13 All Aboard Florida Expenses Indian River County Acct#00110214-033190-15023 Other Professional Services 7/28/2016 GK Environmental $24,000.00 Encumbrabce-PO 74854 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 3/7/2016 Triad Railroad Consulants $31,050.00 Encumbrance -PO 74724 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $64,444.62 9/30/2015 Dyland Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 Acct#00110214-034020-15023 All Travel 7/8/2016 Phoenix Park Hotel -void -$410.14 Void 6/22/2016 Phoenix Park Hotel $410.14 Dylan Reingold 6/29-7/1 Washington Dc Hearing 4/20/2016 Dylan Reingold $106.26 Hearing 4/7/2016 Aloft Hotel -credit for cancelled mtg 1/6/16 -$149.00 4/6/2016 Aloft Hotel $109.00 MHG Tallahasse AL P -Dylan Reingold 1/6/2016 MHG Tallahasse AL P $149.00 Dylan Reingold 12/16/2015 Kimberely Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -Fl. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner -$5.36 Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 F:\Budget\AII Aboard FL Expenses 14 All Aboard Florida Expenses Indian River County Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total expenses FY 13/14 $45,825.80 Total expenses FY 14/15 $1,154,211.26 Total expenses FY 15/16 as of 9/1/16 $708,049.20 Total expenses processed as of 9/1/16 $1,908,086.26 Total Board authorized budget for FY 15/16 Total Board authorized budget for FY 14/15 $1,100,000.00 $1,287,985.00 Total Board authorized budget for FY 13/14 $168,740.00 Total budgeted 13/14-15/16 $2,556,725.00 Remaining Balance $648,638.74 F:\Budget\AII Aboard FL Expenses 12/22/2015 RW Wilson & Assoc $4,090.00 Subtotal Expenses FY 15/16 $32,724.85 15 16 Other Prof. Services /Legal Advertising 5/27/2016 RW Wilson & Assoc $4,090.00 4/22/2016 RW Wilson & Assoc $4,090.00 4/8/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson & Assoc $4,090.00 1/8/2016 RW Wilson & Assoc $4,090.00 12/22/2015 RW Wilson & Assoc $4,090.00 Subtotal Expenses FY 15/16 $32,724.85 15 16 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 11, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 5, 2016 to August 11, 2016 CIA ' `°""'' In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 5, 2016 to August 11, 2016. Attachment: 20 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 342956 08/11/2016 UTIL REFUNDS 68.29 342957 08/11/2016 UTIL REFUNDS 115.92 342958 08/11/2016 UTIL REFUNDS 22.95 342959 08/11/2016 UTIL REFUNDS 140.54 342960 08/11/2016 UTIL REFUNDS 21.26 342961 08/11/2016 UTIL REFUNDS 78.47 342962 08/11/2016 UTIL REFUNDS 35.05 342963 08/11/2016 UTIL REFUNDS 12.90 342964 08/11/2016 UTIL REFUNDS 255.34 342965 08/11/2016 UTIL REFUNDS 37.91 342966 08/11/2016 UTIL REFUNDS 16.08 342967 08/11/2016 UTIL REFUNDS 32.40 342968 08/11/2016 UTIL REFUNDS 46.71 342969 08/11/2016 UTIL REFUNDS 22.98 342970 08/11/2016 UTIL REFUNDS 125.25 342971 08/11/2016 UTIL REFUNDS 13.02 342972 08/11/2016 UTIL REFUNDS 46.44 342973 08/11/2016 UTIL REFUNDS 53.38 342974 08/11/2016 UTIL REFUNDS 10.78 342975 08/11/2016 UTIL REFUNDS 32.21 342976 08/11/2016 UTIL REFUNDS 27.08 342977 08/11/2016 UTIL REFUNDS 43.72 342978 08/11/2016 UTIL REFUNDS 509.06 342979 08/11/2016 UTIL REFUNDS 73.79 342980 08/11/2016 UTIL REFUNDS 55.76 342981 08/11/2016 UTIL REFUNDS 121.94 342982 08/11/2016 UTIL REFUNDS 83.21 342983 08/11/2016 UTIL REFUNDS 102.84 342984 08/11/2016 UTIL REFUNDS 80.06 342985 08/11/2016 UTIL REFUNDS 33.82 342986 08/11/2016 UTIL REFUNDS 80.69 342987 08/11/2016 UTIL REFUNDS 16.23 342988 08/11/2016 UTIL REFUNDS 48.63 342989 08/11/2016 UTIL REFUNDS 38.07 342990 08/11/2016 UTIL REFUNDS 47.85 342991 08/11/2016 UTIL REFUNDS 49.64 342992 08/11/2016 UTIL REFUNDS 41.30 342993 08/11/2016 UTIL REFUNDS 76.28 342994 08/11/2016 UTIL REFUNDS 65.05 342995 08/11/2016 UTIL REFUNDS 77.69 342996 08/11/2016 UTIL REFUNDS 93.01 342997 08/11/2016 UTIL REFUNDS 136.64 342998 08/11/2016 UTIL REFUNDS 86.53 342999 08/11/2016 UTIL REFUNDS 146.94 343000 08/11/2016 UTIL REFUNDS 91.74 343001 08/11/2016 UTIL REFUNDS 307.27 343002 08/11/2016 UTIL REFUNDS 11.56 343003 08/11/2016 UTIL REFUNDS 34.65 343004 08/11/2016 UTIL REFUNDS 41.12 343005 08/11/2016 UTIL REFUNDS 41.10 343006 08/11/2016 UTIL REFUNDS 28.02 343007 08/11/2016 UTIL REFUNDS 46.44 343008 08/11/2016 UTIL REFUNDS 36.43 343009 08/11/2016 UTIL REFUNDS 37.01 343010 08/11/2016 UTIL REFUNDS 85.85 343011 08/11/2016 UTIL REFUNDS 332.39 343012 08/11/2016 UTIL REFUNDS 97.55 343013 08/11/2016 UTIL REFUNDS 67.60 21 TRANS NBR DATE VENDOR AMOUNT 343074 08/11/2016 CARTER ASSOCIATES INC 6,085.00 343075 08/11/2016 LAWMENS & SHOOTERS SUPPLY INC 129.28 343076 08/11/2016 GOODYEAR AUTO SERVICE CENTER 1,430.28 343077 08/11/2016 BLAKESLEE SERVICES INC 710.00 343078 08/11/2016 BAKER & TAYLOR INC 367.86 343079 08/11/2016 MIDWEST TAPE LLC 462.80 343080 08/11/2016 MICROMARKETING LLC 366.57 343081 08/11/2016 K & M ELECTRIC SUPPLY 261.67 343082 08/11/2016 BAKER DISTRIBUTING CO LLC 2,185.64 343083 08/11/2016 CENGAGE LEARNING CORPORATION 549.09 343084 08/11/2016 PALM TRUCK CENTERS INC 370.04 343085 08/11/2016 CLERK OF CIRCUIT COURT 33.01 343086 08/11/2016 INDIAN RIVER COUNTY HEALTH DEPT 2,148.30 343087 08/11/2016 CITY OF VERO BEACH 73,346.27 343088 08/11/2016 CITY OF VERO BEACH 275.79 343089 08/11/2016 CHAPTER 13 TRUSTEE 201.08 343090 08/11/2016 AMERICAN WATER WORKS ASSOC 218.00 343091 08/11/2016 JANITORIAL DEPOT OF AMERICA INC 987.38 343092 08/11/2016 OMR CORP 6,545.00 343093 08/11/2016 HUMANE SOCIETY 441.24 343094 08/11/2016 PUBLIX SUPERMARKETS 71.36 343095 08/11/2016 AQUAGENIX 113.00 343096 08/11/2016 FLORIDA WATER & POLLUTION CONTROL 30.00 343097 08/11/2016 GEAR FOR SPORTS INTL INC 551.64 343098 08/11/2016 GEOSYNTEC CONSULTANTS INC 16,101.18 343099 08/11/2016 IRC CHAMBER OF COMMERCE 4,786.80 343100 08/11/2016 FEDERAL EXPRESS CORP 81.46 343101 08/11/2016 DON LAWLESS 60.00 343102 08/11/2016 CALLAWAY GOLF SALES COMPANY 3,522.22 343103 08/11/2016 FLORIDA POWER AND LIGHT 13,291.04 343104 08/11/2016 PEACE RIVER ELECTRIC COOP INC 256.72 343105 08/11/2016 US KIDS GOLF LLC 41.33 343106 08/11/2016 STRUNK FUNERAL HOMES & CREMATORY 425.00 343107 08/11/2016 TOCOMA RUBBER STAMP & MARKING SYSTEM 40.39 343108 08/11/2016 TREASURE COAST SPORTS COMMISSION INC 8,655.56 343109 08/11/2016 GERALD AYOUNG SR 90.00 343110 08/11/2016 GREY HOUSE PUBLISHING 295.70 343111 08/11/2016 ALAN C KAUFFMANN 160.00 343112 08/11/2016 NAEMT 105.00 343113 08/11/2016 NEXTRAN CORPORATION 141.00 343114 08/11/2016 G K ENVIRONMENTAL INC 4,215.00 343115 08/11/2016 MUSCO SPORTS LIGHTING LLC 2,125.00 343116 08/11/2016 JOHN BROWN & SONS INC 10,887.50 343117 08/11/2016 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 11.88 343118 08/11/2016 CARIBE ROYALE HOTEL 145.00 343119 08/11/2016 INTERNATIONAL CODE COUNCIL INC 208.00 343120 08/11/2016 IDEA GARDEN ADVERTISING 150.00 343121 08/11/2016 HAYTH,HAYTH & LANDAU 125.00 343122 08/11/2016 PERKINS COMPOUNDING PHARMACY 132.45 343123 08/11/2016 PUKKA INC 1,311.00 343124 08/11/2016 RUSSELL PAYNE INC 249.06 343125 08/11/2016 TRANE US INC 36,123.75 343126 08/11/2016 CELICO PARTNERSHIP 661.08 343127 08/11/2016 CINDY CORRENTE 23.76 343128 08/11/2016 VAN WAL INC 50.00 343129 08/11/2016 JOSEPH W VASQUEZ 100.00 343130 08/11/2016 PARGAS 560.75 343131 08/11/2016 FRANK BLAKE 400.00 343132 08/11/2016 CENTRAL PUMP & SUPPLY INC 95.43 343133 08/11/2016 PELICAN ISLES LP 417.00 23 TRANS NBR DATE VENDOR AMOUNT 343134 08/11/2016 GLOVER OIL COMPANY INC 381.50 343135 08/11/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 254.79 343136 08/11/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 258.25 343137 08/11/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 144.10 343138 08/11/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 100.25 343139 08/11/2016 GARY L EMBREY 40.00 343140 08/11/2016 WOODLAWN MHC LLC 300.00 343141 08/11/2016 C W NIELSEN MFG CORP 117.00 343142 08/11/2016 ARDAMAN & ASSOCIATES INC 3,297.50 343143 08/11/2016 KEN CHATAM 120.00 343144 08/11/2016 HINKLE & SONS SERVICES INC 4,700.00 343145 08/11/2016 SOUTHEASTERN WASTEWATER EQUIPMENT CORP 2,936.86 343146 08/11/2016 MUNICIPAL WATER WORKS INC 83,986.49 343147 08/11/2016 CHARLES A WALKER 120.00 343148 08/11/2016 DYNAMIC AIR QUALITY & COOLING INC 900.00 343149 08/11/2016 CEMEX 89.10 343150 08/11/2016 ABBOTT, KASANDRA 84.33 343151 08/11/2016 SOUTHEAST SECURE SHREDDING 133.60 343152 08/11/2016 KATHLEEN P DOUGHERTY 40.00 343153 08/11/2016 K'S COMMERCIAL CLEANING 2,533.89 343154 08/11/2016 YOUTH GUIDANCE DONATION FUND 1,250.00 343155 08/11/2016 SERVICE INSURANCE COMPANY 13,292.00 343156 08/11/2016 NICOLACE MARKETING INC 200.00 343157 08/11/2016 EQ THE ENVIRONMENTAL QUALITY COMPANY 20,258.61 343158 08/11/2016 WINSUPPLY OF VERO BEACH 747.98 343159 08/11/2016 SULZER CHEMTECH USA INC 9,530.95 343160 08/11/2016 WEST CONSTRUCTION INC 198,437.63 343161 08/11/2016 D J P GENERAL CONTRACTING SERVICES INC 14,995.95 343162 08/11/2016 INEOS NEW PLANET BIOENERGY LLC 12.76 343163 08/11/2016 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 343164 08/11/2016 ECMC 247.13 343165 08/11/2016 JANCY PET BURIAL SERVICE INC 89.25 343166 08/11/2016 YOUR AQUA INSTRUCTOR LLC 220.00 343167 08/11/2016 KEVIN WALSH 75.00 343168 08/11/2016 FLORIDA COAST EQUIPMENT INC 55,004.38 343169 08/11/2016 JOSEPH CATALANO 60.00 343170 08/11/2016 RAYMOND J DUCHEMIN 20.00 343171 08/11/2016 CIT FINANCE LLC 186.21 343172 08/11/2016 FBM HOLDINGS LLC 479.00 343173 08/11/2016 HEATHER HATTON 200.00 343174 08/11/2016 MOORE MOTORS 52.60 343175 08/11/2016 WILLIAM DONELSON 20.00 343176 08/11/2016 LINDA GRAHAM 210.00 343177 08/11/2016 MILLIKEN FORESTRY COMPANY INC 2,500.00 343178 08/11/2016 REPROGRAPHIC SOLUTIONS INC 118.00 343179 08/11/2016 LOWES HOME CENTERS INC 1,796.12 343180 08/11/2016 LABOR READY SOUTHEAST INC 10,300.68 343181 08/11/2016 ALEX MIKLO 60.00 343182 08/11/2016 STEVEN G HANSEN 90.00 343183 08/11/2016 BURNETT LIME CO INC 6,372.80 343184 08/11/2016 COMMERCIAL BUILDING MAINTENANCE 1,643.00 343185 08/11/2016 STRAIGHT OAK LLC 50.95 343186 08/11/2016 C E R SIGNATURE CLEANING 850.00 343187 08/11/2016 COURSE TRENDS INC 1,800.00 343188 08/11/2016 DYLAN REINGOLD 104.07 343189 08/11/2016 WADE WILSON 60.00 343190 08/11/2016 BRUCE SABOL 20.00 343191 08/11/2016 FAMILY SUPPORT REGISTRY 156.45 343192 08/11/2016 CARA COBB 10.00 343193 08/11/2016 STS MAINTAIN SERVICES INC 1,450.00 24 TRANS NBR DATE VENDOR AMOUNT 343194 08/11/2016 ARROW INTERNATIONAL 2,21022 343195 08/11/2016 RONALD NICHELSON 60.00 343196 08/11/2016 FOUNDATION FOR AFFORDABLE RENTAL 400.00 343197 08/11/2016 EMA INC 12,025.36 343198 08/11/2016 SYLIVIA MILLER 656.00 343199 08/11/2016 LONGHORN LANDSCAPING AND SOD LLC 1,539.00 343200 08/11/2016 SUN AQUATICS LLC 120.00 343201 08/11/2016 LINDA WALL 50.00 343202 08/11/2016 JOSEPH DIZONNO 60.00 343203 08/11/2016 GENUINE PARTS COMPANY 727.65 343204 08/11/2016 N WNG LLC 447.00 343205 08/11/2016 RED THE UNIFORM TAILOR 257.34 343206 08/11/2016 HEALTHFAIR PLUS PC 19,097.00 343207 08/11/2016 CATHEDRAL CORPORATION 2,986.27 343208 08/11/2016 RSJ VENTURES LLC 917.80 343209 08/11/2016 UNIFIRST CORPORATION 832.69 343210 08/11/2016 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 392.30 343211 08/11/2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 585.52 343212 08/11/2016 ADVANCE STORES COMPANY INCORPORATED 579.52 343213 08/11/2016 EGP DOCUMENT SOLUTIONS LLC 155.00 343214 08/11/2016 NORTH AMERICAN OFFICE SOLUTIONS INC 45.43 343215 08/11/2016 RUSSELL L OWEN Ill 60.00 343216 08/11/2016 ICIKULS INC 528.29 343217 08/11/2016 CAMELBAK PRODUCTS LLC 1,291.82 343218 08/11/2016 ROCCO CAVALLO 60.00 343219 08/11/2016 SARAH GRADOLPH 270.00 343220 08/11/2016 CHEN GARNER & STEVENS PARTNERS LLC 10,000.77 343221 08/11/2016 NICHOLAS OLSON 60.00 343222 08/11/2016 EDWARD ILLIDGE 60.00 343223 08/11/2016 LYNDSAY BRYANT 50.00 343224 08/11/2016 KELLY JOHNSON 100.00 343225 08/11/2016 PENNY FARMER 32.58 343226 08/11/2016 SPILMAN CO INC 150.00 Grand Total: 805,387.86 wi ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1009517 08/05/2016 AT&T 4,135.50 1009518 08/05/2016 OFFICE DEPOT BSD CUSTOMER SVC 1,970.25 1009519 08/05/2016 WASTE MANAGEMENT INC 2,551.26 1009520 08/05/2016 EVERGLADES FARM EQUIPMENT CO INC 57.89 1009521 08/05/2016 COLKITT SHEET METAL & A/C INC 5,100.00 1009522 08/05/2016 COPYCOINC 310.66 1009523 08/05/2016 HENRY SCHEIN INC 52.38 1009524 08/05/2016 NORTH SOUTH SUPPLY INC 309.53 1009525 08/05/2016 DAVIDSON TITLES INC 2,878.39 1009526 08/05/2016 GALLS LLC 430.75 1009527 08/05/2016 THYSSENKRUPP ELEVATOR 9,816.00 1009528 08/05/2016 FERGUSON ENTERPRISES INC 5,352.94 1009529 08/05/2016 COMO OIL COMPANY OF FLORIDA 148.68 1009530 08/05/2016 GLOBAL GOLF SALES INC 45.67 1009531 08/05/2016 COMPLETE ELECTRIC INC 342.00 1009532 08/05/2016 MIDWEST MOTOR SUPPLY CO 51.10 1009533 08/05/2016 SOUTHERN JANITOR SUPPLY INC 816.20 1009534 08/05/2016 CAPITAL OFFICE PRODUCTS 205.62 1009535 08/05/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 348.04 1009536 08/05/2016 BENNETT AUTO SUPPLY INC 42.32 1009537 08/05/2016 PROTRANSMASTERS II INC 2,749.45 1009538 08/05/2016 AUTO PARTNERS LLC 476.41 1009539 08/05/2016 L&L DISTRIBUTORS 283.43 1009540 08/05/2016 HORIZON DISTRIBUTORS INC 132.08 1009541 08/05/2016 COUNTY MATERIALS CORPORATION 18,321.36 1009542 08/05/2016 ALLIED DIVERSIFIED OF VERO BEACH LLC 3,500.00 1009543 08/05/2016 NEXAIR LLC 779.14 1009544 08/09/2016 OFFICE DEPOT BSD CUSTOMER SVC 2,358.16 1009545 08/09/2016 WASTE MANAGEMENT INC 1,146.56 1009546 08/09/2016 POLYDYNE INC 2,507.00 1009547 08/09/2016 SUB AQUATICS INC 349.05 1009548 08/09/2016 INDIAN RIVER OXYGEN INC 3,270.45 1009549 08/09/2016 GALLS LLC 235.34 1009550 08/09/2016 THYSSENKRUPP ELEVATOR 9,616.00 1009551 08/09/2016 FERGUSON ENTERPRISES INC 860.40 1009552 08/09/2016 DUNKELBERGER ENGINEERING & TESTING 12,943.00 1009553 08/09/2016 GLOBAL GOLF SALES INC 89.54 1009554 08/09/2016 MIDWEST MOTOR SUPPLY CO 94.36 1009555 08/09/2016 RECHTIEN INTERNATIONAL TRUCKS 48.44 1009556 08/09/2016 METRO FIRE PROTECTION SERVICES INC 279.95 1009557 08/09/2016 COUNTY MATERIALS CORPORATION 3,894.88 1009558 08/10/2016 COLD AIR DISTRIBUTORS WAREHOUSE 577.55 1009559 08/10/2016 INDIAN RIVER BATTERY 1,385.75 1009560 08/10/2016 INDIAN RIVER OXYGEN INC 70.00 1009561 08/10/2016 APPLE INDUSTRIAL SUPPLY CO 144.32 1009562 08/10/2016 GROVE WELDERS INC 206.66 1009563 08/10/2016 FERGUSON ENTERPRISES INC 10,219.33 1009564 08/10/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 60.00 1009565 08/10/2016 BENNETT AUTO SUPPLY INC 913.80 1009566 08/10/2016 AUTO PARTNERS LLC 43.20 1009567 08/10/2016 ENVIRONMENTAL CONSERVATION LABORATORIES IN 10,926.00 1009568 08/10/2016 HORIZON DISTRIBUTORS INC 79.95 1009569 08/10/2016 COMCAST 14.95 1009570 08/11/2016 EVERGLADES FARM EQUIPMENT CO INC 488.31 1009571 08/11/2016 COLKITT SHEET METAL & A/C INC 191.00 1009572 08/11/2016 INDIAN RIVER OXYGEN INC 96.00 1009573 08/11/2016 DEMCOINC 960.20 1009574 08/11/2016 DAVES SPORTING GOODS & TROPHIES 3,813.35 26 TRANS. NBR DATE 1009575 08/11/2016 1009576 08/11/2016 1009577 08/11/2016 1009578 08/11/2016 1009579 08/11/2016 1009580 08/11/2016 1009581 08/11/2016 1009582 08/11/2016 Grand Total: VENDOR GALLS LLC ABCO GARAGE DOOR CO INC GROVE WELDERS INC GLOBAL GOLF SALES INC COMPLETE ELECTRIC INC BARKER ELECTRIC, AIR CONDITIONING CAPITAL OFFICE PRODUCTS BENNETT AUTO SUPPLY INC AMOUNT 441.50 1,877.75 162.60 45.79 882.00 312.00 73.60 44.14 132,929.93 27 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUN 4506 08/05/2016 AMERICAN FAMILY LIFE ASSURANCE CO 27,501.63 4507 08/05/2016 ALLSTATE 356.62 4508 08/05/2016 INEOS NEW PLANET BIOENERGY LLC 55,797.98 4509 08/05/2016 KIMLEY HORN & ASSOC INC 1,568.75 4510 08/05/2016 KERNS CONSTRUCTION & PROPERTY 141,236.01 4511 08/05/2016 VETERANS COUNCIL OF I R C 7,069.57 4512 08/05/2016 VEROTOWN LLC 1,263.00 4513 08/05/2016 MUTUAL OF OMAHA 2,030.00 4514 08/05/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5,355.72 4515 08/05/2016 WAGEWORKS INC 75.24 4516 08/05/2016 HEALTH ADVOCATE 376.20 4517 08/05/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,388.60 4518 08/08/2016 1 R C HEALTH INSURANCE - TRUST 482,567.64 P -CARD 08/08/2016 WELLS FARGO BANK, N.A. 26,751.98 4519 08/09/2016 MUTUAL OF OMAHA 16,266.57 4520 08/09/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 35,364.60 4521 08/09/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 16,630.92 4522 08/09/2016 HEALTH ADVOCATE 1,168.20 4523 08/09/2016 WAGEWORKS INC 233.64 4524 08/10/2016 STEWART TITLE COMPANY INC 10,000.00 4525 08/10/2016 BENEFITS WORKSHOP 4,875.02 Grand Total: 847,877.89 28 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 18, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 12, 2016 to August 18, 2016 �tau*rr In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 12, 2016 to August 18, 2016. Attachment: III 29 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 343227 08/18/2016 PORT CONSOLIDATED INC 433.93 343228 08/18/2016 JORDAN MOWER INC 181.28 343229 08/18/2016 TEN -8 FIRE EQUIPMENT INC 2,702.43 343230 08/18/2016 RANGER CONSTRUCTION IND INC 622.20 343231 08/18/2016 VERO CHEMICAL DISTRIBUTORS INC 263.80 343232 08/18/2016 MUNICIPAL EQUIPMENT LLC 152.00 343233 08/18/2016 VELDE FORD INC 160.27 343234 08/18/2016 STEWART MATERIALS INC 447.89 343235 08/18/2016 AT&T WIRELESS 1,968.21 343236 08/18/2016 DATA FLOW SYSTEMS INC 835.00 343237 08/18/2016 BRENDA DICKHART 998.45 343238 08/18/2016 DELTA SUPPLY CO 328.34 343239 08/18/2016 E -Z BREW COFFEE & BOTTLE WATER SVC 9.50 343240 08/18/2016 KELLY TRACTOR CO 531.26 343241 08/18/2016 VERO MARINE CENTER INC 1,113.95 343242 08/18/2016 JACOBS GROUP INC 352.00 343243 08/18/2016 AMERIGAS EAGLE PROPANE LP 27.14 343244 08/18/2016 AMERIGAS EAGLE PROPANE LP 125.00 343245 08/18/2016 AMERIGAS EAGLE PROPANE LP 144.00 343246 08/18/2016 AMERIGAS EAGLE PROPANE LP 144.00 343247 08/18/2016 AMERIGAS EAGLE PROPANE LP 715.98 343248 08/18/2016 AMERIGAS EAGLE PROPANE LP 1,117.57 343249 08/18/2016 AMERIGAS EAGLE PROPANE LP 1,439.94 343250 08/18/2016 GAYLORD BROTHERS INC 94.35 343251 08/18/2016 INDIAN RIVER MEDICAL CENTER 13,205.00 343252 08/18/2016 HACH CO 532.32 343253 08/18/2016 CLIFF BERRY INC 347.90 343254 08/18/2016 ALLIED ELECTRONICS INC 295.19 343255 08/18/2016 PATTERSON POPE INC 273.73 343256 08/18/2016 HD SUPPLY WATERWORKS, LTD 955.22 343257 08/18/2016 BOUND TREE MEDICAL LLC 27.87 343258 08/18/2016 VERO INDUSTRIAL SUPPLY INC 52.65 343259 08/18/2016 EXPRESS REEL GRINDING INC 3,500.00 343260 08/18/2016 TIRESOLES OF BROWARD INC 429.70 343261 08/18/2016 BARTH CONSTRUCTION INC 1,792.00 343262 08/18/2016 AMERICAN WATER CHEMICALS INC 7,472.00 343263 08/18/2016 CARTER ASSOCIATES INC 36,105.00 343264 08/18/2016 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 800.00 343265 08/18/2016 DELL MARKETING LP 5,317.02 343266 08/18/2016 BAKER & TAYLOR INC 10,576.46 343267 08/18/2016 MIDWEST TAPE LLC 2,972.33 343268 08/18/2016 MICROMARKETING LLC 50.93 343269 08/18/2016 K & M ELECTRIC SUPPLY 6.81 343270 08/18/2016 CENGAGE LEARNING CORPORATION 806.69 343271 08/18/2016 I KRUGER INC 32,417.21 343272 08/18/2016 COMMUNITY ASPHALT CORP 100,984.95 343273 08/18/2016 CLERK OF CIRCUIT COURT 93.21 343274 08/18/2016 CLERK OF CIRCUIT COURT 4,354.83 343275 08/18/2016 CITY OF VERO BEACH 114,383.34 343276 08/18/2016 CITY OF VERO BEACH 492.60 343277 08/18/2016 INDIAN RIVER ALL FAB INC 237.59 343278 08/18/2016 ARTHUR J GALLAGHER RISK MGMT SERV INC 1,204.00 343279 08/18/2016 ACUSHNET COMPANY 2,142.95 343280 08/18/2016 AQUAGENIX 428.50 343281 08/18/2016 GEOSYNTEC CONSULTANTS INC 824.52 343282 08/18/2016 IRC CHAMBER OF COMMERCE 596.97 343283 08/18/2016 IRC CHAMBER OF COMMERCE 30,537.12 343284 08/18/2016 IRC CHAMBER OF COMMERCE 4,249.00 kill TRANS NBR DATE VENDOR AMOUNT 343285 08/18/2016 WEST PUBLISHING CORPORATION 395.85 343286 08/18/2016 FEDERAL EXPRESS CORP 46.84 343287 08/18/2016 FEDERAL EXPRESS CORP 92.33 343288 08/18/2016 ATHENS TECHNICAL SPECIALISTS INC 380.56 343289 08/18/2016 DON LAWLESS 60.00 343290 08/18/2016 CITY OF SEBASTIAN 24,884.65 343291 08/18/2016 FLORIDA POWER AND LIGHT 41,754.06 343292 08/18/2016 FLORIDA POWER AND LIGHT 1,700.94 343293 08/18/2016 PUBLIC DEFENDER 3,535.09 343294 08/18/2016 FLORIDA BLUE 959.76 343295 08/18/2016 STATE ATTORNEY 14,032.20 343296 08/18/2016 CITY OF FELLSMERE 576.36 343297 08/18/2016 PEACE RIVER ELECTRIC COOP INC 48.02 343298 08/18/2016 CATHOLIC CHARITIES DIOCESE OF PALM BCH 1,443.26 343299 08/18/2016 STRUNK FUNERAL HOMES & CREMATORY 425.00 343300 08/18/2016 SHERILEE D PARSELL 1,225.00 343301 08/18/2016 TREASURE COAST SPORTS COMMISSION INC 6,737.00 343302 08/18/2016 FLORIDA STATE GOLF ASSOCIATION 540.00 343303 08/18/2016 FIRST CHURCH OF GOD 700.00 343304 08/18/2016 KURT STEFFEN 30.00 343305 08/18/2016 ALAN C KAUFFMANN 100.00 343306 08/18/2016 JOHN BROWN & SONS INC 2,400.00 343307 08/18/2016 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 34.32 343308 08/18/2016 CHILDRENS HOME SOCIETY OF FL 1,000.00 343309 08/18/2016 INTERNATIONAL CODE COUNCIL INC 126.00 343310 08/18/2016 DONADIO AND ASSOCIATES ARCHITECTS 6,010.02 343311 08/18/2016 FLORIDA LEGISLATURE 600.00 343312 08/18/2016 TIMOTHY GRAUL 505.00 343313 08/18/2016 THE PALMS AT VERO BEACH 497.00 343314 08/18/2016 ED SCHLITT LC 500.00 343315 08/18/2016 FLORIDA DEPT OF JUVENILE JUSTICE 26,398.56 343316 08/18/2016 VAN WAL INC 1,018.00 343317 08/18/2016 BIG BROTHERS AND BIG SISTERS 1,250.00 343318 08/18/2016 BIG BROTHERS AND BIG SISTERS 1,671.35 343319 08/18/2016 M T CAUSLEY INC 22,058.75 343320 08/18/2016 OCLC ONLINE COMPUTER LIBRARY CENTER 421.89 343321 08/18/2016 JOHN E THIMMER 50.00 343322 08/18/2016 STAPLES CONTRACT & COMMERCIAL INC 1,531.17 343323 08/18/2016 RUSH TRUCK CENTERS OF FLORIDA 689.97 343324 08/18/2016 MUNICIPAL WATER WORKS INC 12,604.32 343325 08/18/2016 MOORE MEDICAL LLC 2,765.51 343326 08/18/2016 FISHER & PHILLIPS LLP 583.00 343327 08/18/2016 NEELY, BRENDA OR BRANDON 50.00 343328 08/18/2016 KATHLEEN P DOUGHERTY 10.00 343329 08/18/2016 TREASURE COAST FOOD BANK INC 353.91 343330 08/18/2016 TREASURE COAST SPRINKLERS INC 323.00 343331 08/18/2016 TREASURE COAST SPRINKLERS INC 324.00 343332 08/18/2016 VERO BEACH BROADCASTERS LLC 349.95 343333 08/18/2016 MICHELLE VAN KEULEN 25.00 343334 08/18/2016 STEPHEN COURTRIGHT 200.00 343335 08/18/2016 TRITEL INC 49.50 343336 08/18/2016 WINSUPPLY OF VERO BEACH 630.25 343337 08/18/2016 LARIAT ENTERPRISES INC 135.00 343338 08/18/2016 WOERNER DEVELOPMENT INC 203.00 343339 08/18/2016 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 343340 08/18/2016 KEMPER BUSINESS SYSTEMS 25.00 343341 08/18/2016 MURPHY & WALKER P L 7,454.47 343342 08/18/2016 OVERDRIVE INC 313.16 343343 08/18/2016 HJA DESIGN STUDIO LLC 4,788.75 343344 08/18/2016 ABC CLIO LLC 129.71 31 TRANS NBR DATE VENDOR AMOUNT 343345 08/18/2016 SOUTHEASTERN SECURITY CONSULTANTS INC 92.50 343346 08/18/2016 HEATHER HATTON 70.00 343347 08/18/2016 KEITH WOULARD 50.00 343348 08/18/2016 ALAN JAY FORD LINCOLN MERCURY INC 23,159.00 343349 08/18/2016 LOWES HOME CENTERS INC 662.34 343350 08/18/2016 LABOR READY SOUTHEAST INC 12,114.18 343351 08/18/2016 CARDINAL HEALTH 110 INC 4,291.69 343352 08/18/2016 BURNETT LIME CO INC 3,248.00 343353 08/18/2016 BURNETT LIME CO INC 969.75 343354 08/18/2016 BURNETT LIME CO INC 1,145.00 343355 08/18/2016 IMPECCABLE SIGNS INC 168.00 343356 08/18/2016 PENGUIN RANDOM HOUSE LLC 284.25 343357 08/18/2016 SCADA SOLUTIONS LLC 2,300.00 343358 08/18/2016 CALDWELL PACETTI EDWARDS 2,025.00 343359 08/18/2016 KANSAS STATE BANK OF MANHATTAN 1,167.37 343360 08/18/2016 STEWART & STEVENSON FDDA LLC 2,915.49 343361 08/18/2016 C E R SIGNATURE CLEANING 475.00 343362 08/18/2016 RYAN HERCO PRODUCTS CORP 50.60 343363 08/18/2016 CHEMTRADE CHEMICALS CORPORTATION 2,274.46 343364 08/18/2016 SAMBA HOLDINGS INC 1,186.72 343365 08/18/2016 COLONIAL HEIGHTS ACQUISITION LP 500.00 343366 08/18/2016 MONA MOSHKI FEDERICI 60.00 343367 08/18/2016 THE LAW OFFICES OF 906.00 343368 08/18/2016 BERNARD EGAN & COMPANY 43,036.68 343369 08/18/2016 BRYAN CAVE LLP 74,184.59 343370 08/18/2016 FOUNDATION FOR AFFORDABLE RENTAL 482.00 343371 08/18/2016 COBRA GOLF INCORPORATED 72.27 343372 08/18/2016 SYLIVIA MILLER 80.00 343373 08/18/2016 HAWKINS INC 2,175.00 343374 08/18/2016 MARIELA MCSOLEY 360.00 343375 08/18/2016 ADAM HELTEMES 48.00 343376 08/18/2016 KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION 9,468.35 343377 08/18/2016 DIMICHELLI'S CATERING INC 4,784.00 343378 08/18/2016 OASIS PRINTING INC 196.86 343379 08/18/2016 GENUINE PARTS COMPANY 263.53 343380 08/18/2016 BERGER SINGERMAN LLP 275.00 343381 08/18/2016 JENNIFER E PROPER 140.00 343382 08/18/2016 NIKITA TOMLIN 50.00 343383 08/18/2016 CATHEDRAL CORPORATION 1,414.25 343384 08/18/2016 GERELCO TRAFFIC CONTROLS INC 3,464.00 343385 08/18/2016 PRG AMERICAS LLC 1,099.89 343386 08/18/2016 UNIFIRST CORPORATION 789.47 343387 08/18/2016 GOTTA GO GREEN ENTERPISES INC 81.44 343388 08/18/2016 ADVANCE STORES COMPANY INCORPORATED 893.65 343389 08/18/2016 EGP DOCUMENT SOLUTIONS LLC 353.55 343390 08/18/2016 SHEILA O'SULLIVAN 87.57 343391 08/18/2016 TRIPLE L IRRIGATION INC 815.00 343392 08/18/2016 NWI RECYCLING INC 3,973.00 343393 08/18/2016 SARAH GRADOLPH 20.00 343394 08/18/2016 ACTION FABRICATION & TRUCK EQUIPMENT INC 5,366.00 343395 08/18/2016 SRS SERVICES LLC 42,011.30 343396 08/18/2016 ICON SUPPLY INC 822.43 343397 08/18/2016 AC VETERINARY SPECIALTY SERVICES 809.80 343398 08/18/2016 EDWARD ILLIDGE 60.00 343399 08/18/2016 KIM SOSTA 50.00 343400 08/18/2016 TRIHEDRAL INC 1,000.00 343401 08/18/2016 COAST CARPENTRY LLC 7,575.00 343402 08/18/2016 JOYCE HERSHBERGER 572.00 343403 08/18/2016 RED HAWK FIRE AND SECURITY LLC 516.25 343404 08/18/2016 HOST COMPLIANCE LLC 7,624.00 32 TRANS NBR DATE VENDOR AMOUNT 343405 08/18/2016 JENNIFER DOWNES 50.00 343406 08/18/2016 DENNIS WHITAKER 50.00 343407 08/18/2016 MONICA NIBLACK 40.00 343408 08/18/2016 DAVID SMITH 50.00 343409 08/18/2016 RAMY T HUSAINY 50.00 343410 08/18/2016 STEPHANIE LETTS 100.00 343411 08/18/2016 RANESHA BLUE 50.00 343412 08/18/2016 MOISES GUERRA 50.00 343413 08/18/2016 NORTHSTAR PROPERTY PRESERVATION LLC 500.00 343414 08/18/2016 POINT ORLANDO RESORT 260.42 343415 08/18/2016 UTIL REFUNDS 11.18 343416 08/18/2016 UTIL REFUNDS 40.41 343417 08/18/2016 UTIL REFUNDS 59.65 343418 08/18/2016 UTIL REFUNDS 54.44 343419 08/18/2016 UTIL REFUNDS 204.57 343420 08/18/2016 UTIL REFUNDS 76.12 343421 08/18/2016 UTIL REFUNDS 5.37 343422 08/18/2016 UTIL REFUNDS 55.76 343423 08/18/2016 UTIL REFUNDS 76.12 343424 08/18/2016 UTIL REFUNDS 70.60 343425 08/18/2016 UTIL REFUNDS 59.87 343426 08/18/2016 UTIL REFUNDS 36.81 343427 08/18/2016 UTIL REFUNDS 23.96 343428 08/18/2016 UTIL REFUNDS 49.59 343429 08/18/2016 UTIL REFUNDS 54.27 343430 08/18/2016 UTIL REFUNDS 72.16 343431 08/18/2016 UTIL REFUNDS 80.86 343432 08/18/2016 UTIL REFUNDS 29.65 343433 08/18/2016 UTIL REFUNDS 11.95 343434 08/18/2016 UTIL REFUNDS 55.03 343435 08/18/2016 UTIL REFUNDS 72.29 343436 08/18/2016 UTIL REFUNDS 134.93 343437 08/18/2016 UTIL REFUNDS 38.34 343438 08/18/2016 UTIL REFUNDS 4.17 343439 08/18/2016 UTIL REFUNDS 28.00 343440 08/18/2016 UTIL REFUNDS 59.79 343441 08/18/2016 UTIL REFUNDS 59.87 343442 08/18/2016 UTIL REFUNDS 76.12 343443 08/18/2016 UTIL REFUNDS 66.01 343444 08/18/2016 UTIL REFUNDS 7.11 343445 08/18/2016 UTIL REFUNDS 87.96 343446 08/18/2016 UTIL REFUNDS 36.83 343447 08/18/2016 UTIL REFUNDS 76.46 343448 08/18/2016 UTIL REFUNDS 37.77 343449 08/18/2016 UTIL REFUNDS 41.67 343450 08/18/2016 UTIL REFUNDS 48.90 343451 08/18/2016 UTIL REFUNDS 76.12 343452 08/18/2016 UTIL REFUNDS 6.09 343453 08/18/2016 UTIL REFUNDS 6.90 343454 08/18/2016 UTIL REFUNDS 26.39 343455 08/18/2016 UTIL REFUNDS 61.44 343456 08/18/2016 UTIL REFUNDS 44.59 343457 08/18/2016 UTIL REFUNDS 40.54 343458 08/18/2016 UTIL REFUNDS 61.36 343459 08/18/2016 UTIL REFUNDS 56.70 343460 08/18/2016 UTIL REFUNDS 89.37 343461 08/18/2016 UTIL REFUNDS 90.16 343462 08/18/2016 UTIL REFUNDS 50.86 Grand Total: 870,141.34 M ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1009583 08/16/2016 AT&T 3,039.72 1009584 08/16/2016 OFFICE DEPOT BSD CUSTOMER SVC 785.29 1009585 08/16/2016 WASTE MANAGEMENT INC 3,916.59 1009586 08/16/2016 COPYCOINC 174.63 1009587 08/16/2016 NORTH SOUTH SUPPLY INC 131.15 1009588 08/16/2016 MIKES GARAGE & WRECKER SERVICE INC 1,945.00 1009589 08/16/2016 NEWMANS POWER SYSTEMS 47.04 1009590 08/16/2016 SOUTHERN COMPUTER WAREHOUSE 1,069.38 1009591 08/16/2016 DEERE & COMPANY 77.49 1009592 08/16/2016 THYSSENKRUPP ELEVATOR 1,380.00 1009593 08/16/2016 TOTAL TRUCK PARTS INC 637.91 1009594 08/16/2016 PERKINS INDIAN RIVER PHARMACY 13.99 1009595 08/16/2016 STRYKER SALES CORP 399.28 1009596 08/16/2016 RECHTIEN INTERNATIONAL TRUCKS 1,513.52 1009597 08/16/2016 COPYTRONICS INC 369.37 1009598 08/16/2016 WACO FILTERS CORPORATION 11,718.00 1009599 08/16/2016 STAT MEDICAL DISPOSAL INC 575.00 1009600 08/16/2016 WRIGHT FASTENER COMPANY LLC 186.00 1009601 08/16/2016 PACE ANALYTICAL SERVICES INC 268.00 1009602 08/16/2016 ALLIED DIVERSIFIED OF VERO BEACH LLC 45.00 Grand Total: 28,292.36 34 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4526 08/12/2016 FL SDU 5,828.13 4527 08/12/2016 ICMA RETIREMENT CORPORATION 2,525.00 4528 08/12/2016 IRC FIRE FIGHTERS ASSOC 6,780.00 4529 08/12/2016 NACO/SOUTHEAST 24,489.53 4530 08/12/2016 ICMA RETIREMENT CORPORATION 11,574.62 4531 08/12/2016 FLORIDA LEAGUE OF CITIES, INC 5,075.76 4532 08/12/2016 NACO/SOUTHEAST 834.74 4533 08/12/2016 IRS -PAYROLL TAXES 11,909.05 4534 08/12/2016 VEROTOWN LLC 26,331.10 4535 08/12/2016 CDM SMITH INC 30,158.70 4536 08/15/2016 IRS -PAYROLL TAXES 394,755.81 4537 08/17/2016 FLORIDA DEPARTMENT OF REVENUE 1,847.27 4538 08/17/2016 FLORIDA DEPARTMENT OF REVENUE 9,501.80 4539 08/17/2016 SENIOR RESOURCE ASSOCIATION 351,179.49 Grand Total: 882,791.00 35 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27''' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS. FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 25, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 19, 2016 to August 25, 2016 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 19, 2016 to August 25, 2016. Attachment: 36 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 343462 08/18/2016 UTIL REFUNDS 50.86 343463 08/19/2016 AMERICAN WATER CHEMICALS INC 7,472.00 343464 08/19/2016 WASTE MANAGEMENT INC 616,320.23 343465 08/25/2016 PAUL CARONE 4,682.00 343466 08/25/2016 LINDSEY GARDENS LTD 772.00 343467 08/25/2016 PINNACLE GROVE LTD 901.00 343468 08/25/2016 VERO CLUB PARTNERS LTD 1,756.00 343469 08/25/2016 DAVID SPARKS 388.00 343470 08/25/2016 THE PALMS AT VERO BEACH 1,076.00 343471 08/25/2016 ED SCHLITT LC 4,527.00 343472 08/25/2016 JOHN OLIVIERA 716.00 343473 08/25/2016 ROBERT L SAMMONS 764.00 343474 08/25/2016 ARTHUR PRUETT 409.00 343475 08/25/2016 JOSEPH LOZADA 507.00 343476 08/25/2016 MICHAEL JAHOLKOWSKI 547.00 343477 08/25/2016 LUCY B HENDRICKS 573.00 343478 08/25/2016 ANDRE DORAWA 650.00 343479 08/25/2016 SYLVESTER MC INTOSH 365.00 343480 08/25/2016 PAULA WHIDDON 553.00 343481 08/25/2016 COURTYARD VILLAS OF VERO LLC 547.00 343482 08/25/2016 JAMES W DAVIS 334.00 343483 08/25/2016 NITA EZELL 459.00 343484 08/25/2016 LINDSEY GARDENS 11 LTD 596.00 343485 08/25/2016 MISS INC OF THE TREASURE COAST 3,641.00 343486 08/25/2016 DANIEL CORY MARTIN 2,116.00 343487 08/25/2016 CRAIG LOPES 392.00 343488 08/25/2016 PAULA ROGERS & ASSOCIATES INC 650.00 343489 08/25/2016 FIVE STAR PROPERTY HOLDING LLC 847.00 343490 08/25/2016 MARK BAER 11,679.00 343491 08/25/2016 ROBERT J GORMAN 424.00 343492 08/25/2016 JUAN CHAVES 700.00 343493 08/25/2016 REID REALTY 506.00 343494 08/25/2016 MELISSA CAMARATA 641.00 343495 08/25/2016 JOHNATHON KNOWLES 722.00 343496 08/25/2016 AUGUSTUS B FORT JR 581.00 343497 08/25/2016 H&H SHADOWBROOK LLC 568.00 343498 08/25/2016 HUMAYUN SHAREEF 667.00 343499 08/25/2016 NKW-CL LLC 2,211.00 343500 08/25/2016 VERO BEACH PLACE LLC 3,944.00 343501 08/25/2016 WEDGEWOOD RENTALS LLC 1,500.00 343502 08/25/2016 GNS REAL ESTATE HOLDINGS LLC 1,607.00 343503 08/25/2016 COALITION FOR ATTAINABLE HOMES INC 944.00 343504 08/25/2016 HELPING HANDS REAL ESTATE & INVESTMENT CO 1,214.00 343505 08/25/2016 PORT CONSOLIDATED INC 29,314.82 343506 08/25/2016 JORDAN MOWER INC 78.80 343507 08/25/2016 COMMUNICATIONS INTERNATIONAL 23,125.96 343508 08/25/2016 TEN -8 FIRE EQUIPMENT INC 3,521.00 343509 08/25/2016 VERO CHEMICAL DISTRIBUTORS INC 495.60 343510 08/25/2016 RICOH USA INC 569.39 343511 08/25/2016 CHISHOLM CORP OF VERO 298.30 343512 08/25/2016 VELDE FORD INC 1,816.19 343513 08/25/2016 SAFETY PRODUCTS INC 1,149.23 343514 08/25/2016 STEWART MATERIALS INC 3,997.65 343515 08/25/2016 AT&T WIRELESS 195.14 343516 08/25/2016 AT&T WIRELESS 2,637.47 343517 08/25/2016 AT&T WIRELESS 800.10 343518 08/25/2016 DATA FLOW SYSTEMS INC 452.61 343519 08/25/2016 E -Z BREW COFFEE & BOTTLE WATER SVC 160.86 37 TRANS NBR DATE VENDOR AMOUNT 343520 08/25/2016 KELLY TRACTOR CO 1,631.60 343521 08/25/2016 VERO MARINE CENTER INC 756.77 343522 08/25/2016 VERO MARINE CENTER INC 41,657.00 343523 08/25/2016 REPUBLIC SERVICES INC 437,429.17 343524 08/25/2016 MCMASTER CARR SUPPLY CO 658.05 343525 08/25/2016 CLIFF BERRY INC 300.50 343526 08/25/2016 MASTELLER MOLER & TAYLOR INC 1,085.00 343527 08/25/2016 INDIAN RIVER CONTRACTING LLC 2,646.60 343528 08/25/2016 KSM ENGINEERING & TESTING INC 990.00 343529 08/25/2016 BOUND TREE MEDICAL LLC 667.35 343530 08/25/2016 VERO INDUSTRIAL SUPPLY INC 591.59 343531 08/25/2016 TIRESOLES OF BROWARD INC 5,953.54 343532 08/25/2016 CALL ONE INC 300.00 343533 08/25/2016 CARTER ASSOCIATES INC 22,912.50 343534 08/25/2016 DELL MARKETING LP 9,118.75 343535 08/25/2016 GOODYEAR AUTO SERVICE CENTER 3,407.86 343536 08/25/2016 BAKER & TAYLOR INC 1,521.44 343537 08/25/2016 MIDWEST TAPE LLC 288.10 343538 08/25/2016 FATHER & SON CARPET LLC 1,721.33 343539 08/25/2016 MWI CORP 3,669.49 343540 08/25/2016 K & M ELECTRIC SUPPLY 162.83 343541 08/25/2016 BAKER DISTRIBUTING CO LLC 117.34 343542 08/25/2016 CENGAGE LEARNING CORPORATION 49.63 343543 08/25/2016 PALM TRUCK CENTERS INC 119.60 343544 08/25/2016 GO COASTAL INC 54.90 343545 08/25/2016 ALL FLORIDA REALTY SERVICES INC 616.00 343546 08/25/2016 GREENE INVESTMENT PARTNERSHIP LTD 3,426.04 343547 08/25/2016 CLERK OF CIRCUIT COURT 74.00 343548 08/25/2016 CLERK OF CIRCUIT COURT 2,186.45 343549 08/25/2016 INDIAN RIVER COUNTY HEALTH DEPT 24,024.00 343550 08/25/2016 INDIAN RIVER COUNTY HEALTH DEPT 46,770.58 343551 08/25/2016 INDIAN RIVER COUNTY HEALTH DEPT 128.00 343552 08/25/2016 INDIAN RIVER COUNTY HEALTH DEPT 192.00 343553 08/25/2016 MEDICAL EXAMINERS OFFICE 27,016.58 343554 08/25/2016 VICTIM ASSISTANCE PROGRAM 5,568.58 343555 08/25/2016 ROGER 1 NICOSIA 1,500.00 343556 08/25/2016 CITY OF VERO BEACH 4,159.52 343557 08/25/2016 CITY OF VERO BEACH 2,056.33 343558 08/25/2016 CITY OF VERO BEACH 11,612.50 343559 08/25/2016 STEPHEN WOJTASZEK 221.68 343560 08/25/2016 CHAPTER 13 TRUSTEE 201.08 343561 08/25/2016 UNITED WAY OF INDIAN RIVER COUNTY 549.94 343562 08/25/2016 PETTY CASH 100.00 343563 08/25/2016 JANITORIAL DEPOT OF AMERICA INC 57.00 343564 08/25/2016 TREASURE COAST HOMELESS SERVICES 7,757.42 343565 08/25/2016 PUBLIX SUPERMARKETS 19.95 343566 08/25/2016 PUBLIX SUPERMARKETS 52.23 343567 08/25/2016 RIVERSIDE ASSEMBLY OF GOD 150.00 343568 08/25/2016 ACUSHNET COMPANY 692.28 343569 08/25/2016 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 343570 08/25/2016 GEAR FOR SPORTS INTL INC 55.70 343571 08/25/2016 DON LAWLESS 60.00 343572 08/25/2016 TIMOTHY ROSE CONTRACTING INC 2,293.00 343573 08/25/2016 JOHN KING 8.50 343574 08/25/2016 FLORIDA POWER AND LIGHT 55,742.82 343575 08/25/2016 TAYLOR MADE GOLF CO INC 856.92 343576 08/25/2016 AMERICAN PLANNING ASSOCIATION 2,898.00 343577 08/25/2016 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,125.00 343578 08/25/2016 NEW HORIZONS OF THE TREASURE COAST 23,461.75 343579 08/25/2016 LANGUAGE LINE SERVICES INC 202.36 2 38 TRANS NBR DATE VENDOR AMOUNT 343580 08/25/2016 JASON E BROWN 30.00 343581 08/25/2016 BELA NAGY 177.31 343582 08/25/2016 GERALD A YOUNG SR 135.00 343583 08/25/2016 GIFFORD COMMUNITY CENTER 3,661.11 343584 08/25/2016 HENRY SMITH 48.00 343585 08/25/2016 INDIAN RIVER FARMS WATER CNTRL DIST 100.00 343586 08/25/2016 ALAN C KAUFFMANN 160.00 343587 08/25/2016 G K ENVIRONMENTAL INC 4,977.15 343588 08/25/2016 CHILDRENS HOME SOCIETY OF FL 592.96 343589 08/25/2016 INTERNATIONAL CODE COUNCIL INC 180.00 343590 08/25/2016 PINNACLE GROVE LTD 500.00 343591 08/25/2016 VERO CLUB PARTNERS LTD 477.00 343592 08/25/2016 ST ELIZABETH CHURCH OF DELIVERANCE 100.00 343593 08/25/2016 SUNQUEST INC 406.00 343594 08/25/2016 THE PALMS AT VERO BEACH 844.00 343595 08/25/2016 W S DARLEY & COMPANY 2,634.00 343596 08/25/2016 MICHAEL QUIGLEY 110.00 343597 08/25/2016 RUSSELL PAYNE INC 99.96 343598 08/25/2016 TRANE US INC 6,040.14 343599 08/25/2016 CELICO PARTNERSHIP 254.59 343600 08/25/2016 BOYLE & DRAKE INC 2,500.00 343601 08/25/2016 VAN WAL INC 95.00 343602 08/25/2016 JOSEPH W VASQUEZ 180.00 343603 08/25/2016 FLORIDA RURAL LEGAL SERVICES INC 2,260.87 343604 08/25/2016 ELIGHA L PRYOR JR 400.00 343605 08/25/2016 JOHNS EASTERN COMPANY INC 6,800.26 343606 08/25/2016 MBV ENGINEERING INC 2,250.00 343607 08/25/2016 CENTRAL PUMP & SUPPLY INC 792.49 343608 08/25/2016 E W SIVER & ASSOCIATES INC 2,837.50 343609 08/25/2016 STAPLES CONTRACT & COMMERCIAL INC 243.81 343610 08/25/2016 MP RICHMOND INC 191.25 343611 08/25/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 254.79 343612 08/25/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 258.25 343613 08/25/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 144.10 343614 08/25/2016 GARY L EMBREY 60.00 343615 08/25/2016 OSBORNE, MARTHA C 505.00 343616 08/25/2016 LARRY STEPHENS 48.00 343617 08/25/2016 WINDEMULLER TECHICAL SERVICES 79.21 343618 08/25/2016 ARDAMAN & ASSOCIATES INC 1,275.00 343619 08/25/2016 KEN CHATAM 120.00 343620 08/25/2016 RF CONCRETE CONSTRUCTION INC 4,300.00 343621 08/25/2016 SUNCOAST REALTY & RENTAL MGMT LLC 721.00 343622 08/25/2016 PAK MAIL 102.87 343623 08/25/2016 JOHNNY B SMITH 120.00 343624 08/25/2016 MOORE MEDICAL LLC 30.50 343625 08/25/2016 CHARLES A WALKER 180.00 343626 08/25/2016 CATHY CONN 50.00 343627 08/25/2016 KARI CUNDIFF 7.00 343628 08/25/2016 CEMEX 1,099.50 343629 08/25/2016 JAMIE PRIEST 50.00 343630 08/25/2016 TRITEL INC 49.50 343631 08/25/2016 HMA-SOLANTIC JOINT VENTURE LLC DBA 35.00 343632 08/25/2016 JACQUISE CLINTON 50.00 343633 08/25/2016 VERA SMITH 48.00 343634 08/25/2016 GARRETT SMITH 48.00 343635 08/25/2016 WEST CONSTRUCTION INC 211,822.02 343636 08/25/2016 BRANDIT CORPORATION 6,393.26 343637 08/25/2016 YAMAHA GOLF CAR COMPANY 13.88 343638 08/25/2016 ATLANTIC COASTAL LAND TITLE CO LLC 150.00 343639 08/25/2016 ECMC 247.13 39 TRANS NBR DATE VENDOR AMOUNT 343640 08/25/2016 YOUR AQUA INSTRUCTOR LLC 90.00 343641 08/25/2016 SCOTT KAPCAR INC 425.00 343642 08/25/2016 JOSEPH CATALANO 60.00 343643 08/25/2016 MARIA RESTO 372.92 343644 08/25/2016 RAYMOND J DUCHEMIN 40.00 343645 08/25/2016 BERMUDA SANDS APPAREL LLC 117.89 343646 08/25/2016 TOTAL ID SOLUTIONS INC 54.00 343647 08/25/2016 ALAN JAY CHEVROLET CADILLAC 80,664.00 343648 08/25/2016 GFA INTERNATIONAL INC 23,998.25 343649 08/25/2016 MOORE MOTORS INC 58729 343650 08/25/2016 NEWSOM OIL COMPANY 868.25 343651 08/25/2016 REPROGRAPHIC SOLUTIONS INC 8.58 343652 08/25/2016 LOWES HOME CENTERS INC 866.87 343653 08/25/2016 LABOR READY SOUTHEAST INC 10,494.12 343654 08/25/2016 CARDINAL HEALTH 110 INC 52.11 343655 08/25/2016 PPG ARCHITECTURAL FINISHES INC 248.00 343656 08/25/2016 SOUTHWIDE INDUSTRIES INC 25,473.17 343657 08/25/2016 PENGUIN RANDOM HOUSE LLC 193.50 343658 08/25/2016 STRAIGHT OAK LLC 47.68 343659 08/25/2016 SEAN MAKI COMMUNICATIONS LLC 435.00 343660 08/25/2016 KRAUS ASSOCIATES INC 9,937.50 343661 08/25/2016 SOUTHERN MANAGEMENT LLC 975.00 343662 08/25/2016 RYAN HERCO PRODUCTS CORP 336.00 343663 08/25/2016 CHEMTRADE CHEMICALS CORPORTATION 4,548.91 343664 08/25/2016 REXEL INC 1,526.00 343665 08/25/2016 WADE WILSON 60.00 343666 08/25/2016 FAMILY SUPPORT REGISTRY 156.45 343667 08/25/2016 EXTREME GOLF INC 344.95 343668 08/25/2016 KESSLER CONSULTING INC 5,112.54 343669 08/25/2016 RACHEL YOUNG 50.00 343670 08/25/2016 NAPIER & ROLLIN PLLC 475.00 343671 08/25/2016 INTEGRITY LAWNS LLC 1,750.00 343672 08/25/2016 RONALD NICHELSON 40.00 343673 08/25/2016 FOUNDATION FOR AFFORDABLE RENTAL 451.00 343674 08/25/2016 EMA INC 3,705.30 343675 08/25/2016 RELIANT FIRE SYSTEMS INC 1,556.10 343676 08/25/2016 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 343677 08/25/2016 SYLIVIA MILLER 300.00 343678 08/25/2016 THE TRANSIT GROUP INC 162,885.32 343679 08/25/2016 LINDA WALL 10.00 343680 08/25/2016 ANDERSEN ANDRE CONSULTING ENGINEERS INC 7,361.50 343681 08/25/2016 SCRIPPS NP OPERATING LLC 646.56 343682 08/25/2016 SCRIPPS NP OPERATING LLC 2,124.00 343683 08/25/2016 JOSEPH DIZONNO 60.00 343684 08/25/2016 GENUINE PARTS COMPANY 182.40 343685 08/25/2016 RED THE UNIFORM TAILOR 168.00 343686 08/25/2016 UNIFIRST CORPORATION 671.03 343687 08/25/2016 UNIFIRST CORPORATION 42.82 343688 08/25/2016 PENNIE TYSON 50.00 343689 08/25/2016 MARK DEAN RILEY JR 60.00 343690 08/25/2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 1,179.12 343691 08/25/2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 259.58 343692 08/25/2016 SITEONE LANDSCAPE SUPPLY LLC 57.56 343693 08/25/2016 SITEONE LANDSCAPE SUPPLY LLC 270.60 343694 08/25/2016 ADVANCE STORES COMPANY INCORPORATED 11.30 343695 08/25/2016 EGP DOCUMENT SOLUTIONS LLC 3,839.50 343696 08/25/2016 NORTH AMERICAN OFFICE SOLUTIONS INC 25.00 343697 08/25/2016 RUSSELL L OWEN III 60.00 343698 08/25/2016 ROCCO CAVALLO 60.00 343699 08/25/2016 VERO HYDRAULICS 209.82 40 TRANS NBR DATE VENDOR AMOUNT 343700 08/25/2016 A RONALD HUDSON 400.00 343701 08/25/2016 NWI RECYCLING INC 4,012.00 343702 08/25/2016 PATRICK JAMES ECYCLE LLC 2,100.00 343703 08/25/2016 AC VETERINARY SPECIALTY SERVICES 62.50 343704 08/25/2016 EDWARD ILLIDGE 60.00 343705 08/25/2016 POINT ORLANDO RESORT 240.30 343706 08/25/2016 MELINDA JOSEPH 50.00 343707 08/25/2016 JOANN TARBET 50.00 343708 08/25/2016 AUBRY GLYNN 50.00 343709 08/25/2016 MANUEL PEREZ 38.50 343710 08/25/2016 ROBERT CRAIG 500.00 343711 08/25/2016 HUTTON REAL ESTATE HOLDINGS LLC 5,637.96 343712 08/25/2016 MARIAARELLANO 542.80 343713 08/25/2016 JAMES FORE JR 36.00 343714 08/25/2016 BUZZ TV NETWORK LLC 100.00 343715 08/25/2016 ADI AN UNINCORPORATED DIV OF HONEYWELL 170.29 343716 08/25/2016 CDW LLC 6,502.00 343717 08/25/2016 LEONARD ZANCA 218.36 343718 08/25/2016 UTIL REFUNDS 92.04 343719 08/25/2016 UTIL REFUNDS 34.13 343720 08/25/2016 UTIL REFUNDS 56.79 343721 08/25/2016 UTIL REFUNDS 23.40 343722 08/25/2016 UTIL REFUNDS 75.96 343723 08/25/2016 UTIL REFUNDS 77.14 343724 08/25/2016 UTIL REFUNDS 30.31 343725 08/25/2016 UTIL REFUNDS 5.92 343726 08/25/2016 UTIL REFUNDS 3.60 343727 08/25/2016 UTIL REFUNDS 43.08 343728 08/25/2016 UTIL REFUNDS 6.27 343729 08/25/2016 UTIL REFUNDS 259.40 343730 08/25/2016 UTIL REFUNDS 4.69 343731 08/25/2016 UTIL REFUNDS 79.81 343732 08/25/2016 UTIL REFUNDS 12.97 343733 08/25/2016 UTIL REFUNDS 38.61 343734 08/25/2016 UTIL REFUNDS 7.43 343735 08/25/2016 UTIL REFUNDS 92.76 343736 08/25/2016 UTIL REFUNDS 42.21 343737 08/25/2016 UTIL REFUNDS 31.67 343738 08/25/2016 UTIL REFUNDS 46.02 343739 08/25/2016 UTIL REFUNDS 16.36 343740 08/25/2016 UTIL REFUNDS 78.47 343741 08/25/2016 UTIL REFUNDS 26.23 343742 08/25/2016 UTIL REFUNDS 70.42 343743 08/25/2016 UTIL REFUNDS 216.99 343744 08/25/2016 UTIL REFUNDS 43.60 343745 08/25/2016 UTIL REFUNDS 90.99 343746 08/25/2016 UTIL REFUNDS 24.61 343747 08/25/2016 UTIL REFUNDS 150.32 343748 08/25/2016 UTIL REFUNDS 46.59 343749 08/25/2016 UTIL REFUNDS 63.81 343750 08/25/2016 UTIL REFUNDS 56.85 343751 08/25/2016 UTIL REFUNDS 37.39 343752 08/25/2016 UTIL REFUNDS 42.46 343753 08/25/2016 UTIL REFUNDS 37.52 343754 08/25/2016 UTIL REFUNDS 40.54 343755 08/25/2016 UTIL REFUNDS 4.45 343756 08/25/2016 UTIL REFUNDS 29.65 343757 08/25/2016 UTIL REFUNDS 75.32 343758 08/25/2016 UTIL REFUNDS 30.79 343759 08/25/2016 UTIL REFUNDS 40.04 41 TRANS NBR DATE 343760 08/25/2016 343761 08/25/2016 343762 08/25/2016 Grand Total: VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 37.67 80.55 43.57 2,255,568.80 42 ELECTRONIC PAYMENT - VISA CARD TRANS. NB R DATE VENDOR AMOUNT 1009603 08/19/2016 PARKS RENTAL & SALES INC 26.00 1009604 08/19/2016 ROBINSON EQUIPMENT COMPANY INC 26.63 1009605 08/19/2016 SSES INC 2,230.50 1009606 08/19/2016 COPYCO INC 93.26 1009607 08/19/2016 MIKES GARAGE & WRECKER SERVICE INC 415.00 1009608 08/19/2016 NEC CORPORATION OF AMERICA 1,467.82 1009609 08/19/2016 DEERE & COMPANY 107.30 1009610 08/19/2016 RECHTIEN INTERNATIONAL TRUCKS 26.20 1009611 08/19/2016 SYNAGRO-WWT INC 148,694.49 1009612 08/19/2016 PACE ANALYTICAL SERVICES INC 72.00 1009613 08/22/2016 AT&T 8,992.11 1009614 08/22/2016 OFFICE DEPOT BSD CUSTOMER SVC 158.39 1009615 08/22/2016 WASTE MANAGEMENT INC 122.98 1009616 08/22/2016 BRIDGESTONE GOLF INC 12.15 1009617 08/22/2016 COMMUNICATIONS INTERNATIONAL 78.68 1009618 08/22/2016 HENRY SCHEIN INC 4,232.25 1009619 08/22/2016 COLD AIR DISTRIBUTORS WAREHOUSE 277.49 1009620 08/22/2016 INDIAN RIVER BATTERY 597.00 1009621 08/22/2016 DAVIDSON TITLES INC 785.27 1009622 08/22/2016 GALLS LLC 220.00 1009623 08/22/2016 CENTER POINT INC 441.57 1009624 08/22/2016 ALLIED UNIVERSAL CORP 5,204.04 1009625 08/22/2016 GROVE WELDERS INC 72.45 1009626 08/22/2016 FIRST HOSPITAL LABORATORIES INC 64.50 1009627 08/22/2016 41MPRINT INC 1,271.02 1009628 08/22/2016 COMMERCIAL ENERGY SPECIALISTS 55.09 1009629 08/22/2016 DUNKELBERGER ENGINEERING & TESTING 3,094.50 1009630 08/22/2016 BARKER ELECTRIC, AIR CONDITIONING 125.00 1009631 08/22/2016 MIDWEST MOTOR SUPPLY CO 356.85 1009632 08/22/2016 COPYTRONICS INC 3,922.41 1009633 08/22/2016 CAPITAL OFFICE PRODUCTS 2,300.82 1009634 08/22/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 71.70 1009635 08/22/2016 CUMMINS POWER SOUTH LLC 13,252.89 1009636 08/22/2016 BENNETT AUTO SUPPLY INC 600.84 1009637 08/22/2016 AUTO PARTNERS LLC 146.82 1009638 08/22/2016 L&L DISTRIBUTORS 1,406.31 1009639 08/22/2016 WRIGHT FASTENER COMPANY LLC 151.00 1009640 08/22/2016 HORIZON DISTRIBUTORS INC 140.75 1009641 08/22/2016 IMAGENET CONSULTING LLC 91.35 1009642 08/24/2016 AT&T 3,990.20 1009643 08/24/2016 OFFICE DEPOT BSD CUSTOMER SVC 1,044.03 1009644 08/24/2016 COMCAST 67.03 1009645 08/24/2016 COMCAST 16.28 1009646 08/24/2016 COMCAST 104.85 1009647 08/24/2016 POLYDYNE INC 2,507.00 Grand Total: 209,134.82 43 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE 4540 08/19/2016 4541 08/19/2016 4542 08/19/2016 4543 08/19/2016 4544 08/19/2016 4545 08/22/2016 4546 08/23/2016 4547 08/23/2016 4548 08/23/2016 4549 08/23/2016 4550 08/23/2016 4551 08/25/2016 Grand Total: VENDOR AMOUNT FLORIDA DEPARTMENT OF REVENUE 5,151.66 FLORIDA DEPARTMENT OF REVENUE 327.97 INEOS NEW PLANET BIOENERGY LLC 51,506.49 SCHOOL DISTRICT OF I R COUNTY 158,604.00 WRIGHT EXPRESS FSC 16,991.07 1 R C HEALTH INSURANCE - TRUST 68,510.76 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5,449.68 MUTUAL OF OMAHA 2,085.00 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,588.40 HEALTH ADVOCATE 382.80 WAGEWORKS INC 76.56 INDIAN RIVER COUNTY PROPERTY APPRAISER 226,141.21 546,815.60 44 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'b Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 1, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 26, 2016 to September 1, 2016 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 26, 2016 to September 1, 2016. Attachment: 101 1twol: 45 CHECKS )MUTTEN TRANS NBR DATE VENDOR AMOUNT 343763 08'26'2016 SAFETY PRODUCTS INC 1.145.59 343764 08'26'2016 REXEL INC 1.510.74 343765 08'26.'2016 POINT ORLANDO RESORT ;4.50 343766 09/01.'2016 ORANGE COUNTY HOUSING k C D 63_.68 =4.76- 09/01'2016 ALL FLORIDA REALTY SERVICES INC 4.29".00 :43768 09/01-'2016 VERO BEACH EDGEV'OOD PLACE LP 956.00 343769 09!01'2016 GRACES LANDING LTD 8.079.00 ,43770 09101,'2016 PAUL JULIN 416.00 343771 09/01'2016 LINDSEY GARDENS LTD 5.468.00 y 343772 09'01 '2016 BRYAN D BLA1S 756.00 343773 09.!01 %2016 RIVER PARK ASSOCIATES 14.728.00 343774 09/01'2016 RICHARD C THERIEN 440.00 343775 09!01!2016 CREATIVE CHOICE HOMES XVI LTD 9.282.00 343776 09/01:'2016 DAVID YORK 502.00 343777 09/0122016 ST FRANCIS MANOR OF VERO BEACH 107.00 343778 09101/2016 CITY OF VERO BEACH 69.00 343779 09/01:'2016 TREASURE COAST HOMELESS SERVICES 1.431.00 343780 09.101!2016 FLORIDA POWER AND LIGHT 11.00 343781 09101'2016 VENETIAN APARTMENTS OF VERO BEACH 391-00 343782 09/01122016 HERMOSA PROPERTIES LLC 281.00 343783 09./0112016 PINNACLE GROVE LTD 7.840.00 343784 09101!2016 VERO CLUB PARTNERS LTD 12.620.00 343785 09/01:'2016 DAVID SPARKS 384.00 343786 09/01;'2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 182.00 343787 09/01!2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 188.00 343788 09/01.,'2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 452.00 343789 09/01!2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 545.00 343790 09.!01 '2016 CRAIG MERRILL 1.510.00 343791 09!01'2016 CHRISTINE SALTER 484.00 343792 09/01/2016 HAGGERTY FAMILY LTD 374.00 343793 09/0]'2016 SUNQUEST INC 1.725.00 343794 09.'01!2016 THE PALMS AT VERO BEACH 9.659.00 343795 09/01!2016 FELLSMERE COMM ENRICHMENT PROGRAM INC 96.00 343796 09/01/2016 DAVID CONDON 628.00 343797 09101/2016 HILARYMCIVOR 490.00 343798 09/01/2016 PAULA LANE 451.00 343799 09/01/2016 JOHN A CAPPELLO 509.00 343800 09/0112016 PELICAN ISLES LP 6.387.00 343801 09/01!2016 KATE TYSON LYONS 324.00 343802 09/01!2016 SUNCOAST REALTY & RENTAL MGMT LLC 8.213.00 34380: 09101'2016 OAK RIVER PROPERTIES INC 544.00 343804 09/01'2016 SONMSE VILLAS LTD 2.464.00 343805 09/01.'2016 ADINA GOLDMAN 507.00 343806 09101 '2016 INDIAN RIVER RDA LP .;.343.00 343807 09/01:2016 MAURICE W BROWN 497.00 343808 09/01'2016 GEORGE T`HUYNS 683.00 343809 09!01'2016 LAZY J LLC 2.011.00 343810 09/01'2016 SYLVIA MCNEILL 723.00 -343811 09!01 '2016 SKOKIE HOLDINGS INC 750.00 343812 09101.2016 ROGER XVINSLOW 478.00 343813 09/01.'2016 COURTYARD VILLAS OF VERO LLC 1.270.00 343814 09'01 '2016 VINCENT PILEGGI 202.00 343815 09/01 '2016 OSLO VALLEY PROPERTIES INC 812.00 343816 09'01 '2016 SAID S MOOBARK 743.00 34381" 09101.'2016 CORY J HOWELL 85.00 343818 09/01.'2016 OSCEOLA COUNTY SECTION 8 625.68 343819 09!01 '2016 LINDSEY GARDENS 11 LTD 4.708.00 343820 09!01 '2016 ANTHONY ARROYO 403.00 46 TRANS NBR DATE VENDOR AMOUNT 343821 09/01/2016 AHS HOLDINGS GROUP LLC 4,59 7.00 343822 09/01!2016 DANIEL CORY MARTIN 739.00 343823 09/01 '2016 YVONNE KOUTSOFIOS 440.00 343824 09101!'2016 ALAN R TOKAR 650.00 343825 09/01'2016 VILLAS OF VERO BEACH 46;.00 343826 09/01'2016 BRLAN E GALLAGHER 494.00 3438-27 09101.'2016 HOUSING AUTHORITY 577.68 343828 0910]:'2016 STEPHANIE WATCHEK FOUNTAIN TRUST _34.00 343829 09/012016 MICHAEL STILES 531 _(K) 343830 09/01 '2016 RACHEL G SIDMAN 458.00 343831 09101'2016 SCOT WILKE 572.00 343832 09/01!2016 MART: BAER 476.00 343833 09/0112016 J & K PALMER ENTERPRISES LLC 199.00 343834 09101!2016 THEODORE BARTOSIEWICZ 464.00 343835 09101 '2016 FOUNDATION FOR AFFORDABLE RENTAL 15.081.00 343836 09!01:2016 RICHARD KUSSEROW 475.00 343837 09101/2016 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY 11, 514.00 343838 09101 2016 SOLARISE VILLAS 11 LLC 542.00 343839 09!01'2016 JOHN T STANLEY 795.00 343840 09!0112016 CSMA SFR HOLDINGS I1 -LLC 1,389.00 343841 09/01!2016 YELLOW KID INC 537,00 343842 09/01!2016 W'EDGEWOOD RENTALS LLC 1,530.00 343843 09/01/2016 PORT CONSOLIDATED INC 719.00 343844 09/01/2016 JORDAN MOWER INC 4.011.99 343845 09!01!2016 COMMUNICATIONS INTERNATIONAL 50.600.42 343846 09/01/2016 TEN -8 FIRE EQUIPMENT INC 2.574.81 343847 09/01,'2016 RANGER CONSTRUCTION IND INC 536.52 343848 09/01 '2016 VERO CHEMICAL DISTRIBUTORS INC 304.70 343849 09/012016 CHISHOLM CORP OF VERO 959.70 343850 09/01'2016 KIMLEY HORN & ASSOC INC 714.00 343851 09/012016 DELTA SUPPLY CO 940.98 343852 09!01'2016 E -Z BREW COFFEE & BOTTLE WATER SVC 38.94 343853 09/01x2016 TEMPLE INC 15.888.00 343854 09/01/2016 MY RECEPTIONIST INC 321.38 343855 09/01 /2016 AMERIGAS EAGLE PROPANE LP 846.94 343856 09101 /2016 AMERIGAS EAGLE PROPANE LP 1.537.41 343857 09/01/21016 GAYLORD BROTHERS INC 414.08 343858 09/01/2016 HACH CO 1,226.79 343859 09/01/2016 CLIFF BERRY INC 526.85 343860 09/01/2016 HD SUPPLY WATERWORKS, LTD 4,649.28 343861 09!01!2016 EXPRESS REEL GRINDING INC 2.500.00 343862 09101 2016 TIRESOLES OF BROWARD INC 2.104.30 343863 09/01,"2016 BFS RETAIL OPERATIONS LLC 343.00 343864 09,1011,2016 AMERICAN WATER CHEMICALS INC 4,670.00 343865 09/01'2016 PRECISION SMALL ENGINE CO INC 83.21 343866 09/01 '2016 PHILIP VAN\'YNCKT 169.00 343867 09/01'2016 GOODYEAR AUTO SERVICE CENTER 10.069.2_' 343868 09/01!2016 BAKER & TAYLOR INC 2.456.97 343869 09!012016 MIDWEST TAPE LLC 1.197.46 343870 09/01:'2016 PRECISION CONTRACTING SERVICES INC 300.00 343871 09101.2016 MICROMARKETrNG LLC 987.73 343872 09101:'2016 BAKER DISTRIBUTING CO LLC 279.67 343873 09/01'2016 ATKINS NORTH AMERICA INC 7,377.09 343874 09/01!2016 CENGAGE LEARNING CORPORATION 38.92 343875 09/01'2016 PALM TRUCK CENTERS INC 609.42) 343876 09101 '2016 PST SERVICES INC 31.782.41 343877 09!01 '2016 CLERK OF CIRCUIT COURT 186.00 343878 09/01.'2016 INDIAN RIVER COUNTY HEALTH DEPT 50.00 343879 09/01.2016 INDIAN RIVER COUNTY HEALTH DEPT 340.00 343880 094W2016 INDIAN RIVER COUNTY PROPERTY APPRAISER 93.00 47 TRANS IBR DATE VENDOR AMOUNT :43881 09/01,2016 CITY OF VERO BEACH 7.192.57 343882 09/01;2016 INDIAN RIVER ALL FAB INC 552.80 343883, 09101'2016 JANITORIAL DEPOT OF AMERICA INC 731.19 343884 09101 '2016 PUBLIX SUPERMARKETS 43.16 343885 09/01,'2016 ARTHUR J GALLAGHER RISK MGMT SERV INC 2.139.00 343886 09/01'2016 UNIVERSITY OF FLORIDA 160.00 ,43,88-7 09/01 '2016 INTERNATIONAL GOLF MAINTENANCE INC 1.568.98 343888 09/01'2016 AQUAGENIN 154.00 343889 09'01 '2016 EXCHANGE CLUB CASTLE 2.673.41 343890 0910V2016 GEOSYNTEC CONSULTANTS INC 26.494.19 343891 09/01-2016 FEDERAL EXPRESS CORP 37.66 343892 091012016 TYLER TECHNOLOGIES INC 21.152.00 343893 09/012016 DON LAWLESS 60.00 343894 09/01 '2016 TIMOTHY ROSE CONTRACTING INC 48.380.24 343895 09!01,,'2016 FLORIDA POWER AND LIGHT 82.425.10 343896 09!01!2016 FLORIDA POWER AND LIGHT 668.66 343897 09/01,2016 GIFFORD YOUTH ACHIEVEMENT CENTER TNC 3.750.81 343898 09/01 '2016 STATE ATTORNEY 8.902.15 343899 09/01'2016 SUNSHINE STATE ONE CALL OF FL INC 1.06730 343900 09/01'2016 MEDICARE PART B FINANCIAL SERVICES 44.46 343901 09.101;'2016 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 1.500.00 343902 09!01'2016 L�TITED HEALTH CARE INS COMPANY 119.39 343903 09101'2016 UNITED HEALTH CARE INS COMPANY 989.64 343904 09/01.!2016 GERALD A YOUNG SR 90.00 343905 09/01 `2016 COUNTY VETERAN SERVICE OFFICERS 320.00 343906 09/012016 NATIONAL ALLIANCE FOR YOUTH SPORTS 420.00 343907 09!01;2016 ALAN C KAUFFMANN 160.00 343908 09/01!2016 G K ENVIRONMENTAL INC 8.450.10 343909 09!01'2016 JOHN BROWN g SONS INC 4.000.00 343910 09/0112016 WESTSIDE REPROGRAPHICS OF VERO BEACH P.NC 6.60 343911 09/011'2016 BLUE CROSS BLUE SHIELD 278.25 343912 09/01!2016 HUMANA 187.70 343913 09/01/2016 CAPE PUBLICATIONS INC 402.15 343914 09/01/2016 THE PALMS AT VERO BEACH 500.00 ,43915 09/011220 16 RUSSELL PAYNE INC 319.83 343916 09/01-12016 JUDY LEY 118.56 343917 09/01/2016 JOSEPH W VASQUEZ 100.00 343918 09/0122016 MBV ENGINEERING INC 4.630.00 343919 09/01/20)6 MASTELLER & MOLER INC 21.509.50 343920 09/01/2016 DAVID SILON 120.00 343921 09/01!2016 GARY L EMBREY 60.00 343922 09/01.2016 JIM ROTT HOME IMPROVEMENT 178.50 343923 09/01,2016 KEN CHATAM 100.00 343924 09101 ,2016 'WILLIAM A KIRBY 8.473.42 343925 09/01 '2016 LETITIA HART 50.00 343926 09101'2016 ELIZABETH DALEY 5.00 ,43927 09101 '2016 RUSH TRUCK CENTERS OF FLORIDA 250.00 343928 09!01,'2016 JOHNNY B SMITH 120.00 343929 09/01/2016 MUNICIPAL WATER WORKS INC 26.637.45 343930 09/01,12016 MOORE MEDICAL LLC 1.668.92 343931 09/01'2016 GLOBALST.AR USA 129.60 343,932 09/01'2016 CHARLES A''ALKER 100.00 343933 09/01 '2016 FISHER d PHILLIPS LLP 5.300.00 343934 09/01 '2016 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1.666.67 34.935 09!012016 PENA. G DAVID 233.20 343936 09/01.'2016 ROBERT SHREFFLER 23.47 34393? 09!01'2016 TREASURE COAST FOOD BANK PNC 222.26 343938 09/01,2016 JOHN MESKILL 1.110.00 343939 09/01 '2016 HUGH G THOMPSON 69.00 343940 09/01'2016 EXPRESS SUPPLY INC 23.967.92 48 TRANS NBR DATE VENDOR AMOUNT 343941 09/01,2016 FLORIDA MEDICAID 120.07 343942 09/01%2016 LARIAT ENTERPRISES INC 415.74 343943 09/01 /2016 HELPING .ANIMALS LIVE -OVERCOME 88.00 343944 09101.2016 WOERNER DEVELOPMENT INC 203.00 34' 945 09/01.'2016 ATLANTIC COASTAL LAND TITLE CO LLC 300.00 343,446 09101'2016 YOUR AQUA INSTRUCTOR LLC 350.00 343947 09/0122016 DATA TRANSFER SOLUTIONS LLC 7 200.00 343948 09101,2016 JOSEPH CATALANO 60.00 343949 091012016 RAYMOND J DUCHEMIN 10.00 343950 09/01.'2016 PROPAC INC 980.57 343951 09101'2016 ALAN JAY CHEVROLET CADILLAC 67.885.50 343952 09101'2016 HEATHER HATTON 90.00 343953 09101;2016 MOORE MOTORS INC 43.90 343954 09101,22016 LOWES HOME CENTERS INC 1.198.16 343955 09/01!2016 LABOR READY SOUTHEAST INC 12.313.68 343956 09!0112016 ALEX MIKLO 40.00 343957 09!01 /2016 BURNETT LIME CO INC 19 286.40 _343958 09'01 '2016 IMPECCABLE SIGNS INC 588.00 343959 09/01/2016 STRAIGHT OAK LLC 128.71 343960 09/0L22016 CHEMTRADE CHEMICALS CORPORTATION 2,273.49 343961 09/01,'2016 REFLECTION POOL SERVICE INC 3.125.00 343962 09/012016 MONA MOSHKI FEDERICI 60.00 343963 09/0112016 RDW QUALITY BUILDERS LLC 26?00.00 343964 09101,2016 TRAVIS PARILLO 71.00 343965 09/01,'2016 BERNARD EGAN & COMPANY 475 259.57 343966 09101!2016 EUROFINS EATON ANALYTICAL INC 450.00 343967 09101 /2016 RONALD NICHELSON 60.00 343968 09/01;2016 MICHAEL LOVEDAY 71.00 343969 09.!01;2016 HAWKINS INC 2.871.00 343970 09!01 %2016 LONGHORN LANDSCAPING AND SOD LLC 1,82 7.00 343971 09/01 '2016 SUN AQUATICS LLC 40.00 343972 09101'2016 KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION 6.828.00 343973 09/01'2016 JOSEPH DIZONNO 80.00 343974 09101,"2016 GENUINE PARTS COMPANY 324.39 343975 09/01;2016 CAREFREE RANCH 750.00 343976 09!01 /2016 BUSHNELL HOLDINGS INC 2,425.96 343977 09101/2016 CATHEDRAL CORPORATION 36.095.92 343978 09/01/2016 UNIFIRST CORPORATION 650.71 343979 09/01/2016 AMERICAN AIR LIQUIDS HOLDINGS INC 15,14.88 343980 09101'2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 26.75 343981 09/01/2016 ADVANCE STORES COMPANY INCORPORATED 526.67 343982 09/01/2016 EGP DOCUMENT SOLUTIONS LLC 1.047.40 343983 09/012016 WURTH USA INC 118.74 343984 09/01'2016 RUSSELL L OWEN 111 40.00 343985 09!01'2016 STEVES FROZEN CHILLERS OF FLORIDA SPACE CORS" 288.00 343986 09/01.2016 ICIKULS INC 1.383.90 343987 09/01,2016 ROCCO CAVALLO 40.00 343988 09/01 '2016 NICHOLAS OLSON 100.00 343989 09'01 '2016 EDWARD ILLIDGE 80.00 343990 09101;'2016 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 14.150.70 343991 09101;'2016 JUL.LA DUNNE 91.85 34399: 09101'2016 MARY HOOVER 10.00 343993 09/01'2016 ESTHER J WATTERS 425.30 343994 09!01 '2016 NEVADA PACIFIC SERVICES CORP 4,980.00 343995 09101 '2016 MILE MARKER INDUSTRIES LLC 445.61 343996 09!01 '2016 BUZZ TV NETWORK LLC 200.00 343997 09101 '2016 BERNICE S.ANCHEZ 50.00 343998 09/01'2016 ARTHENLA RICHARD 50.00 343999 09/01,2016 CHRISTINA SELPH 50.00 344000 09!01 '2016 BRLANS AIR CONDITIONING & HEATING INC 50.00 49 TRANS 'SBR DATE VENDOR AMOUNT 344001 09'01 /2016 BARKLIE ELIOT 70.00 344002 09/01/2016 SHERI REICHERT 500.00 344003 09/01,12016 FRANCES H PECK 96.74 344004 09/01/2016 LYNN D ROBERTSON 100.00 344005 09/01'2016 ROSEMARI' SAKOWICH 94.0^ 344006 09/01'2016 HAROLD WARREN 98.35 :44007 09/01'2016 CHICAMAE CENAS 42?_72 344008 09/01'2016 THOMAS DEANGELIS 100.00 344009 09/01,'2016 RITA R FINALDI 76.02 344010 09/01,2016 IRA FRIEDMAN JR 87.24 344011 09/01 /2016 ROBERT GASSER 442.19 344012 09/01 '2016 ANNIE GIB SON 359.40 344013 09/01'2016 PHYLLIS C HMIELEW'SKI 97.93 344014 09!01,2016 FREDA L HOL)'CROSS 86.66 Grand Total: 1.404.000.77 50 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1009648 08i26,"L016 EVERGLADES FARM EQUIPMENT CO INC 1,116.96 1009649 08,26i2016 PARKS RENTAL & SALES INC 894.99 1009650 0826.2016 COLKITT SHEET METAL & AIC INC 89.95 1009651 08,262016 COMMUNICATIONS INTERNATIONAL. 61.60 100965'_ 08,26.2016 ROBINSON EQUIPMENT COMPANN' INC 788.00 1009653 08'262016 COPYCO INC 139.27 1009654 0826,2016 UNIVERSAL SIGNS & ACCESSORIES 536.36 1009655 0826/2016 COLD AIR DISTRIBUTORS WAREHOUSE 118.3E 1009656 08,26!2016 INDIAN RIVER BATTERY 542.45 10096-57 08'26!2016 DAVIDSON TITLES INC 458.98 1009658 08/26/2016 MIKES GARAGE & WRECKER SERVICE INC 6.302.83 1009659 08!26/2016 SMITH BROTHERS CONTRACTING EQUIP 2.201.68 1009660 08/26!2016 GALLS LLC 228.00 1009661 08,126'2016 ALLIED UNIVERSAL CORP 2.558.16 1009662 08'26/2016 NEWMANS POWER SYSTEMS 937.00 1009663 08/26/2016 IRRIGATION CONSULTANTS UNLIMITED INC 145.55 1009664 08126/2016 GROVE WELDERS INC 437.62 1009665 08/26/2016 RECORDED BOOKS LLC 74.20 1009666 08/26/2016 SOUTHERN COMPUTER WAREHOUSE 554.34 1009667 08/26/2016 NEC CORPORATION OF AMERICA 5.462.05 1009668 08/26/2016 COMMUNITY ASPHALT CORP 381.52 1009669 08/26/2016 COMMERCIAL ENERGY SPECIALISTS 55.13 1009670 08!26/2016 FERGUSON ENTERPRISES INC 9.104.65 1009671 08/26/2016 COMO OIL COMPANY OF FLORIDA 148.48 1009672 08/26/2016 BARKER ELECTRIC, AIR CONDITIONING 85.00 1009673 08!26/2016 SOUTHERN PLUMBING INC 172.00 1009674 08/26,'2016 RECHTIEN INTERNATIONAL TRUCKS 3.593.60 1009675 08/2612016 ITERIS INC 6.940.00 1009676 08/26/2016 SOUTHERN JANITOR SUPPLY INC 7.448.40 1009677 08/26/2016 CAPITAL OFFICE PRODUCTS 56.56 1009678 08/26/2016 METRO FIRE PROTECTION SERVICES INC 965.05 1009679 08/26/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 194.28 1009680 08/26/2016 BENNETT AUTO SUPPLY INC 118.98 1009681 0826/2016 AUTO PARTNERS LLC 211.04 1009682 08/26/2016 L&L DISTRIBUTORS 82.53 1009683 08/26/2016 ENVIRONMENTAL CONSERVATION LABORATORIES IN 336.00 1009684 08/26/2016 PIONEER MANUFACTURING 1.041.00 1009685 08'2612016 HORIZON DISTRIBUTORS INC 208.56 1009686 08.'26/2016 PACE ANALYTICAL SERVICES INC 9.644.00 1009687 08/26/2016 NEXAIR LLC 1.079.72 1009688 08/26/2016 AT&T 1.450.03 1009689 08G V2016 ROBINSON EQUIPMENT COMPANY INC 3 73.55 1009690 08:31!2016 COPYCOINC 159.95 1009691 08/31!2016 NORTH SOUTH SUPPLY INC 42.04 1009692 08'3112016 UNIVERSAL SIGNS & ACCESSORIES 3.370.00 1009693 08/31,'2016 SOUTHERN COMPUTER WAREHOUSE 341.52 1009694 08/31!2016 TOTAL TRUCK PARTS INC 96.34 1009695 08/31,'2016 XYLEM WATER SOLUTION USA INC 8.107.30 1009696 09101.2016 AT&T 1.558.76 1009697 09!01!2016 OFFICE DEPOT BSD CUSTOMER SVC 317.53 1009698 09!0 1 , 2016 WASTE MANAGEMENT INC 1.982.68 1009699 09/01/2016 POLYDYNE INC 2.507.00 1009700 09/01!2016 BRIDGESTONE GOLF INC 723.04 1009701 09/012016 ',X;HEEL.ABRATOR RIDGE ENERGY INC 4.350.30 Grand Total: 90,994.89 51 ELECTRONIC PAYMIN I'S - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4552 08.26'2016 FL SDU 5.322.8g 4553 08'26'2016 IRC FIRE FIGHTERS ASSOC 6.780.00 4554 08'26'2016 ICMA RETIREMENT CORPORATION 2.575.00 4555 08'26'2016 FLORIDA LEAGUE OF CITIES. INC 5.075.76 4556 08'2612016 TEAMSTERS LOCAL. UNION 9769 5.491.00 4557 08'2612016 BENEFITS WORKSHOP 6.862.21 4558 08'26'2016 NACO'SOUTHEAST 24.103.07 4559 08;'26'2016 NACO'SOUTHEAST 826.98 4560 08'26'2016 ICMA RETIREMENT CORPORATION 11.676.01 4561 08-26'2016 INEOS NEW PLANET BIOENERGY LLC 65.759.43 4562 08.26/2016 KERNS CONSTRUCTION &. PROPERTY 195.456.01 4563 08/26/2016 C E R SIGNATURE CLEANING 5.000.00 4564 08/26,12016 INDIAN RIVER COUNTY SHERIFF 580.79 4565 08129/2016 IRS -PAYROLL TAXES 389.468.64 4566 08/30/2016 IRS -PAYROLL TAXES 19.08 4567 08/31/2016 INDIAN RIVER COUNTY SHERIFF 3.409.223.21 4568 08/31/2016 CLERK OF CIRCUIT COURT 75.000.08 4569 08/31/2016 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 84.495.82 4570 08/31/2016 BANK OF NEW YORK 2,393,125.00 4571 08./31 /2016 'WHITNEY BANK 1.032.160.75 4572 09/01/2016 JOSEPH G MILLER 1.000.00 4573 09/01/2016 AGENCY FOR HEALTH CARE ADMIN 13.173.89 Grand Total: 7,733,175.61 52 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, County Engineer SUBJECT: FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature for 43`d Avenue Sidewalk Improvements from Aviation Boulevard to Airport Drive West FM No. 431725-2-58/68-01 DATE: August 29, 2016 DESCRIPTION AND CONDITIONS Indian River County has been awarded a $569,763.00 Florida Department of Transportation (FDOT) Local Agency Program (LAP) Grant for the construction of an 8 -foot wide concrete sidewalk along the east side of 43rd Avenue from Aviation Boulevard to Airport Drive West. The sidewalk improvements will be approximately 0.69 miles in length. The work will also include minor shoulder work, ditch grading, drainage piping with drainage structures, signing and pavement markings. Also included in the grant amount are Construction, Engineering and Inspection (CEI) services. This project is scheduled to be advertised October 2016 and must be completed by December 31, 2018. The FDOT has requested Indian River County execute and deliver to the FDOT the attached Agreement as well as a Resolution authorizing the Board of County Commissioners to execute this Local Agency Program Agreement. FUNDING The federal funds appropriated for this FDOT LAP grant are in the amount of $569,763.00. The Engineering Division estimates the total cost for the construction and CEI charges to be approximately $609,762.93. Funding is budgeted and available from Secondary Roads Account No. 10921441-066510-15028, 43"d Avenue (26h Street to Airport Drive). Matching funds in the amount of $40,000.00 may be required. F:\PUBLIC WORKS\ENGINEERING DIVISION PROJECTS\1123 43RD AVE SIDEWALK IMPROVEMENTS 26TH ST. TO AIRPORT DR 53 WEST\ADMIM\AGENDA ITEMS\BCC FDOT CO LAP AGREEMENT AND RESOLUTION MEMO 9-13-2016.DOC Page Two FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature For September 13, 2016 Agenda RECOMMENDATION Staff recommends approval of the Local Agency Program (LAP) Agreement FM No431725-2-58/68- 01 and recommends adopting the Resolution and authorizing the Chairman to sign the Agreement. ATTACHMENTS 1. IRC Grant Form 2. Authorizing Resolution 3. FDOT Local Agency Program (LAP) Agreement No. 431725-2-58/68-01 DISTRIBUTION Florida Department of Transportation APPROVED AGENDA ITEM Indian River County Approve" Date Administration Budget / S `� Leal Public Works 8�3'0/6 Engineering 81gZJ1(0 F:\PUBLIC WORKS\ENGINEERING DIVISION PROJECTS\1123 43RD AVE SIDEWALK IMPROVEMENTS 26TH ST. TO AIRPORT DR 54 WEST\ADMIM\AGENDA ITEMS\BCC FDOT CO LAP AGREEMENT AND RESOLUTION MEMO 9-13-2016.DOC GRANT NAME: FDOT LAP 43`d Ave Sidewalk (Aviation Blvd to Airport Drive) GRANT # 431725-2-58/68-01 AMOUNT OF GRANT: $569,763.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: James W. Ennis, P.E.. PMP County Engineer TELEPHONE: (772) 226-1221 1. How long is the grant for? Until December 30, 2018 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 6.56% Starting Date: Letting Date Yes X No X Yes No Yes X No 5. Grant match amount required 1401000 00 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? T, 401000 on Signature of Preparer: �" Date:8�3,i'I G Grant Amount Other Match Costs Not Covered Match Total First Year $ 569,763.00 $ $ 40,000.00 $ 609,763.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: �" Date:8�3,i'I G RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF AN 8 -FOOT WIDE CONCRETE SIDEWALK ALONG THE EAST SIDE OF 43RD AVENUE FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST. WHEREAS, the construction of a sidewalk, approximately 0.69 miles in length, including shoulder work, ditch grading, drainage piping with drainage structures, signing and pavement markings along the east side of 43rd Avenue from to Aviation Boulevard to Airport Drive West is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for construction of a sidewalk, shoulder work, ditch grading, drainage piping with drainage structures, signing and pavement markings along the east side of 43`d Avenue from to Aviation Boulevard to Airport Drive West Court under the Local Agency Program (LAP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Local Agency Program Agreement for the aforementioned project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Local Agency Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner the vote was as follows: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Wesley S. Davis Commissioner Tim Zorc who moved its and, upon being put to a vote, The Chairman thereupon declared the resolution passed and adopted this day of 2016. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk M alto Form and gal Sufficiency WilliamK. DDeeeBrraaal, Deputy County Attorney F:\Attorney\Bill\Resolutions\Resolution FDOT LAP Agreement 9-13-2016.doc 56 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MA NAGE MENT OGC- 00115 Page 1 of 15 FPN: 431725-2-58/68-01 Fund: TALTJALL FLAIR Approp: Federal No: 8886-493-A Org Code: 55043010404 FLAIR Obj: _ FPN: Fund: _ Federal No: Org Code: FPN: Federal No: Fund: _ Org Code: FLAIR Approp: FLAIR Obj: _ FLAIR Approp.- FLAIR pprop:FLAIR Obj: _ County No:88 Contract No: Vendor No: F-596000673026 FDOT Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 079208989 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is made and entered into this day of between the State of Florida, Department of Transportation, an agency of the State of Florida ("Department"), and Indian River County ("Agency"). NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows.- 1. ollows: 1. Authority: The Agency, by Resolution No. dated the day of , 20_, a copy of which is attached as Exhibit "F' and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section 339.12, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in 431" Ave. Sidewalk Improvements from Aviation Blvd to Airport Dr. West, as further described in Exhibit "A", Project Description and Responsibilities _attached _to -and incorporated in this Agreement ("Project"), top ovide Department___ _ financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Term of Agreement: The Agency agrees to complete the Project on or before December 31, 2018. If the Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 4. Project Cost: A. The total cost of the Project is $ 609,763.00. This amount is based upon the schedule of funding in Exhibit "B", Schedule of Funding attached to and incorporated in this Agreement. The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 5.1. B. The Department agrees to participate in the Project cost up to the maximum amount of $569.763.00 and as more fully described in Exhibit "B". This amount includes Federal -aid funds which are limited to the actual amount of Federal -aid participation. C. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Availability of funds as stated in subparagraphs 51. and 5.M. of this Agreement, 57 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 0&15 Page 2 d 15 iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. 5. Requisitions and Payments: A. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A". B. Invoices shall be submitted by the Agency in detail sufficient for a proper pre -audit and post -audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. C. The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. D. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" was met. E. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Departments Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. F. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Agency shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the Department for the retained amount during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. G. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. 58 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC— 08115 Page 1 of 15 Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. H. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. I. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a Local Agency Program ("LAP") Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon determination of the agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's - Comptroller. J. If, after Project completion, any claim is made by the Department resulting from an audit or for work or — -- services performed pursuant to this Agreement, -the Department may offset such amounUfrom payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. K. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. L. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. M. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts 59 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 0&15 Page 4 of 15 of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: A. The Agency shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data fumished with its application or pursuant to this Agreement; B. There is any pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; C. The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved; D. There has been any violation of the conflict of interest provisions contained in paragraph 16.J.; or E. The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal -aid. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the Department's issuance of a Noi"ice to -Proceed __ ee - — -� ('NTP, costs incurredafter the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in -Exhibit "B" for the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7. General Requirements: The Agency shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part of this Agreement. Time is of the essence as to each and every obligation under this Agreement. A. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible charge of the Project, which employee should be able to perform the following duties and functions: i. Administers inherently governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; ii. Maintains familiarity of day to day Project operations, including Project safety issues; iii. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements; iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and complexity of the Project; v. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; 60 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 0&15 Page 5 of 15 vi. Directs Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation; vii. Is aware of the qualifications, assignments and on-the-job performance of the Agency and consultant staff at all stages of the Project. B. Once the Department issues the NTP for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the "FHWA" removing any unbilled funding or the loss of State appropriation authority (which may include the loss of state and federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de -certification of the Agency for future LAP Projects. No cost may be incurred under this Agreement until after the Agency has received a written NTP from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. C. If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Agency, and the Project is off the state highway system, then the Department will have to request repayment for the previously billed amounts from the Agency. No state funds can be used on off -system projects, unless authorized pursuant to Exhibit "G", State Funds Addendum, which will be attached -to andincorporated in.thisAgreement in the -event State_hindsare isi� on the Project. - D. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Agency to enter into this Agreement or to undertake the Project or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. E. The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. F. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems as required. G. Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of taw or FHWA requirements exists. Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 61 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-C LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 08175 Page C d15 H. For any project requiring additional right-of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 8. Audit Reports: The administration of resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The Agency shall comply with all audit and audit reporting requirements as specified below. A. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. B. The Agency, a non-federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart € = Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a subrecipient of a federal award awarded by the Department through this Agreement is subject to the following requirements:_ I. In the event the Agency expends a total amount of federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a federal single or program - specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit "1", Federal Financial Assistance (Single Audit Act) to this Agreement provides the required federal award identification information needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining federal awards expended in a fiscal year, the Agency must consider all sources of federal awards based on when the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. 62 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 08n 5 Page 7 d 15 iii. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards, the Agency is exempt from federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(@dot.state. flus no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(ojdot state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before- December 26, 2014, and as required by 2 --- ---- ------------ 26, Part 200 Subpart -F = Aui3it-tequirements; for fscal yoars beg►nnirag on of a ttteer December - -- 26, 2014. - v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance, 3. Wholly or partly suspend or terminate the federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R- Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to Agency's records including financial statements, the independent auditor's working papers and project records as necessary. 63 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC— 08/15 Page E d 15 Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows. - Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTS ingleAudit(uDdot state fl us C. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 9. Termination or Suspension of Project: The Department may, by written notice to the Agency, suspend any or all of the Agency's obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. A. If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that- requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 9.6. below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the _ t�h uses to takle— acttan and not terminate the --Agreement, the Agency -shaft -upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. B. If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. C. If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress on Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. D. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub -contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement unless the records are exempt. E. Upon receipt of any final termination or suspension notice under this paragraph 9., the Agency shall proceed promptly to carry out the actions required in such notice, which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; or (b) furnish a statement of the Project activities and contracts and other undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The 64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 08!15 Page 9 of 15 closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 10. Contracts of the Agency: A. Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. B. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Agency shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act and the federal Brooks Act. C. The Agency shall comply with, and require is consultants and contractors to comply with applicable federal law pertaining to the use of Federal -aid funds. The Agency shall comply with the provisions in the FHWA-1273 form as set forth in Exhibit "C", FHWA 1273 attached to and incorporated in this Agreement. - The Agency shall include FHWA. 1273 in all contracts with consultants and contractors performing work ---- on the Project. --_ ----Msadvanta ed Business Enter rise jOBEP�`cyai Obligation: t as F�{o� �-e-bepartment-tat- —7:7 -- DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 12. Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable. 13. Performance Evaluations: Agencies are evaluated on a project -by -project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Agency's person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. A. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, with 65 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 08/15 Page 10 of 15 minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, without District involvement/oversight. B. The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the Agency agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: A. The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include the attached Exhibit "E", Title VI Assurances in all contracts with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. B. The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. C. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; — and isaay not transact -business with any public-_ t+#yr xeess of the. threshold amount provided in Section 287.017, Florida Statutes, fbr CATEGORY TWO fora period of 36 months from the date of being placed on the convicted vendor list. D. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. E. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. F. Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." 66 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01010 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC— 08115 Page 11 of 15 The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. G. No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 15. Indemnification and Insurance: A. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement- The Agency guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors, or consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the performance of this Contract. This +ndernniftcation shall survive the termination of this Contract Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. To the fullest extent permitted by law, the Agency's consultant shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the consultant and persons employed or utilized by the consultant in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity." B. The Agency shall, or cause its contractor or consultant to carry and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Agency shall also, or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as required by the State of Florida under the Workers' Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Agency shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. 16. Miscellaneous Provisions: 67 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010,A0 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGc— 08115 Page 12 Of 1S A. The Agency will be solely responsible for compliance with all applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. The Agency shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision requiring compliance 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). B. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. C. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. D. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. E. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. F. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the -- visians -�of-the A " greemertt vpota��„y_�pp�rcatrfe-stateno-- Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. G. In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. H. Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to authorisation for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. J. The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative 68 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 08/15 Page U of 15 agreement. If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. K. The Agency may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project. L. The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑ will not maintain the improvements made for their useful life. M. The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. N. The Agency: i. shall utilize the U.S. Department of Homeland- Securi 's E -Verify system to_ verify the -- - —- - -_ — -- employment eligibility -of all new employees Trued --by A enc burin the term ofthe contract; and -- -Y 9 Y 9 ii. shah expressly require any centrac-tor and bmn#aeten perkmuag work or {�rsvidtgse� -_— pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. O. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. P. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. Q. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. R. Exhibits i. Exhibit "A°, Project Description and Responsibilities, is attached and incorporated into this Agreement. ii. Exhibit "B", Schedule of Funding, is attached and incorporated into this Agreement. iii. ® If this Project includes Phase 58 (construction) activities, then Exhibit "C", FHWA FORM 1273, is attached and incorporated into this Agreement. 69 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC— 08/15 Page 14 of 15 iv. ❑ An Alternative Pay Method is used on this Project. If an alternative Pay Method is used on this Project, then Exhibit "D", Alternative Pay Method, is attached and incorporated into this Agreement. v. Exhibit "E", Title VI Assurances is attached and incorporated into this Agreement. vi. Exhibit "F", the Agency Resolution authorizing entry into this Agreement, is attached and incorporated into this Agreement. vii. ❑ State Funds are used on this Project. If State Funds are used on this Project, then Exhibit "G State Funds Addendum, is attached and incorporated into this Agreement. viii. ❑ This Project is located off the State Highway System and includes funding for landscaping. If this Project is located off the State Highway System and includes funding for landscaping, then Exhibit "Cis attached and incorporated into this Agreement. ix. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "R" is attached and incorporated into this Agreement. x. ❑ This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit "RL" is attached and incorporated into this Agreement. xi. ❑ This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems, Exhibit "T" is attached and incorporated into this Agreement. xii. Exhibit "1', Federal Financial Assistance (Single Audit Act) is attached and incorporated into this Agreement xiii. ❑ State Funds are used on this Project. If State Funds are used on this Project, then Exhibit "2', State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement. The remainder of this page intentionally left blank. 70 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 05115 Page 15 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. AGENCY Indian River County STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION 1-2 Name: Bob Solari Title: Chairman Attest: Title: By: Name: Stacy L. Miller, P.E. Title: Director of Transportation Development Legal Review: 71 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT occ . 08!15 Page 1 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 431725-2-58/68-01 This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of Transportation and Indian River County PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 0.673 Miles PROJECT DESCRIPTION: 43rd Ave. Sidewalk Improvements from Aviation Blvd. to Airport Dr. West. SPECIAL CONSIDERATIONS BY AGENCY: - The audit r pa7t(s) r quer e - eement shalli-awAude-a - u e -o ojec# Assistance that -wiN refleet the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A . b) Design to be completed by N/A c) Right -of -Way requirements identified and provided to the Department by N/A d) Right -of -Way to be certified prior to advertising for construction (All Phase 58 LAPS) e) Construction contract to be let by 1/12/2017. 0 Construction to be completed by 12/31/2018. If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A 72 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0,0-40B LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANGEMENT OGC - 08115 Page 1 of 1 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 431725-2-58/68-01 Indian River County 1801 2T^ St. Vero Beach, FI. 32960 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. 73 FUNDING (1) TYPE OF WORK 8 Fiscal Year TOTAL PROJECT FUNDS LOCALZFUNDS STATE 3FUNDS FEDERAL FUNDS Planning -18 FY: FY: FY: Total Planning Cost Project Development & Environment (PDBE) - 28 FY: FY: FY: Total PDBE Cost FY: FY: FY: Total Design Cost — Right -of -Way - 48 FY: FY: FY: Total Right -of -Way Cost Construction -58 FY: 2016 - 2017 $508.717.00 $508.717.00 FY: 2016 - 2017 $40,000.00 $40.000.00 FY: FY: Total Construction Cost $548,717.00 $40,000.00 $508,717.00 Construction Engineering and Inspection (CEI) - 68 FY: 2016-2017 861046.00 , $61.046.00 FY: FY: Total CEI Cost $61,046.00 $61,046.00 Aerations — 88 FY: FY: FY: Total Operations Costs TOTAL COST OF THE PROJECT 1 $609,763.00 $40,000.00 $569,763.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. 73 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40C LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 05M 5 Pape 7 of 1 EXHIBIT "C" FHWA FORM 1273 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC - COMPLIANCE WITH FHWA 1273. The FHWA-1273 version dated May 1, 2012 is appended in its entirety to this Exhibit. FHWA- 1273 may also be referenced on the Department's website at the following URL address: http://wulv.fhwa dot gov/proizrainadniin/contracts/]'?73/1273 pdf Sub -recipients of federal grants awards for Federal -Aid Highway construction shall take responsibility to obtain this information and comply with all provisions contained in FHWA- ---127 - - ------ 74 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Govemmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) L GENERAL 1. Faro FHWX1273 must be FHWA-1273 — Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor. During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply.-engineering,"archAecturalservicetontracts. — In addition, the contractor and all subcontractors must incorporated in each with the followirgpolicies: -Executive Order 11246,-41 emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Forth FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractors immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. Rehabilitation Act of 1973, as amended (29 USC 794). Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625.1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related -regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A. with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627.41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under 75 this contract. The provisions of the Americans with Disabilities Ad of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: 'It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: 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, pre -apprenticeship, and/or on-the- job training.' 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: AN members of the contractor's staff who are authorized to hire, supervise, promote, and darge Prr__pkes ^r %4w!Fs slxha Dior; :or w thr, - am subst ntiatly involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for empioyees, the contractor will include in all advertisements for employees the notation: 'An Equal Opportunity Employer.' AN such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractors compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, woricing conditions, and - - employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, -- - taken without regard to race, color, religion, sex; naiipn-gl - - origin, age or disability. The following procedures shag be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 76 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below. with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the Slate DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the - --------- - ------ -- -------__--- perfonnaoceOfthis -contract-_The-contraclorshall carry out - - - `s The contractor will -use goodlaM efforts todeQdIWappliicable requirements of 49 CFR Part 26 in the award and in` - cooperation with the unions, joint training programs aimed administration of DOT -assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach - - ee3ins-sleitts�tftmtortties - - --- so that the may _- - — -- - t ti i mn�rat�;�nt'T, rmay - - -- - ofthts- _ -- y y qualify for higher paying employment. contract or such other remedy as "-contracting agency deems aoorooriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though d is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor 77 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. 111. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractors control, where the facilities are segregated. The term 'facilities' includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and facts (reeandlesaofs� size). _the requirements apply to all projects located wi"n the right-of- way of a roadway thM is furrctionapy classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 'Contract provisions and related matters' with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon Ole site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(bx2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is -not performed by aclassificatioainShe wage determination: and N -T ie rinssiRrsstbri sutitlzedn the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or 78 will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or t.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding — - -The-contracting agency shall upon its D" -action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contrarlor under this contract of any *4b -Fadarat - _ - - — — con tract wi a same pnme contractor, or any other federally - assisted contract subject to Davis -Bacon prevail" wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any forth desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at ht1pJ/www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State -JOT -the FHWA or -the -Wage and - Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage lequiMMMULAis-AwLa violabian-of thiszeg4gn for contractor to saquve a subcontractor to provide addresses end social security nurs►bers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a 'Statement of Compliance,' signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (ax3xii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3xi) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 79 (3) The weekly submission of a property executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the 'Statement of Compliance' required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL) Apprentices win be permitted to work at less than the predetermined rate for the work they performed when they are VRV)Dyed P afll to ant#_ mriNirM iagv -fide_- apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor. Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater thani—Med wider the plan approved try the — Employment and Training Administration. Ever;+ hainee-must be pakPa - nat less iharv&o4ate 3pe6gdd-- - - in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. C. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 80 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Forth FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. --8.ZompUance w—iti hDavuBacon aiulR-eWod Kct— -- — requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 - _ - are b��afecensQan tkris `- - -_ 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or fine who has an interest in the contractors firth is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001, V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such 651�b such lem<�. kx {iquideted damages. Such ---- liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and g vinlear,nfit Rw dausaset iorthin paragraph (1.) of this section, in the sum of $10 for each - calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 81 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term 'perform work with its own organization' refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firth meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR,635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shag be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance (1) the prime contractor maintains control over the of the contract, to work in surroundings or under conditions supervision of the day -today activities of the leased which are unsanitary, hazardous or dangerous to his/her —gmpl ees — -- -- — _--health or safety as determined-under-construc ion safety -and - (2) ftle prime c6nlractor remains -responsible for the quality Health standards (29 CFR 1926) promulgated by the Secretary of the work of the leased employees; of Labor, in accordance with Section 107 of the Contract Work (3) the prime contractor retains all power to accept or Hours and Safety Standards Act (40 U.S.C. 3704). ---- (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shag be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is 3. Pursuant to 29 CFR 1926.3. it is a oorldition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Forth FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: M "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be fumished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts—and-to all related subcontracts. By submission of this bid/proposal or the execution of this contract or subc6atract. as arxxzxariate_ the tArhiPr p, - Federal -aid construction contractor. or subcontractor, as appropriate, will be deemed to have stipulated as follows 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first Ger participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. C. The certification in this clause is a material representation of fad upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction,' "debarred,' "suspended," ineligible,' "participant," "person," "principal," and 'voluntarily excluded,' as used in this clause, are defined in 2 CFR Parts 180 and 1200. 'First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). 'Lower Tier Covered Transactions' refers to Tiany covered transaction under a First er-Covered Trarrsactron (s asassubconhads). "First Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal r, tnds #Uchas Tier Participant- refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certificabon of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httr)s://www.epls.gov/), which is compiled by the General Services Administration. 83 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this _prowl been convicted of a hada civil judg menttendered against them for commission of fraud ora criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under - - - - — - ;�ietetien of Fe9era},9r Stant statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," 'debarred.- suspended," debarred,' 'suspended,"ineligible,"participant,' "person,' "principal," and 'voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). 'Lower Tier Covered Transactions' refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). 'First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, -declared ineligible; or-�anly- - excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated._ _ I. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause tilled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httpsl/www.epis.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 84 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participaUng in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20), 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her - — _attA�elie(. that: — - - - - a. No Federal appropriated funds have been paid orwo be -__-_pilk!ornnbehMni �Y �ened, to art3Cpersbn for --- inftnencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Forth to Report Lobbying,' in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 85 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to Present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 2. The contractor shag place a job order with the State Employment Service indicating (a) the classifications of the — — -- : mechanics anthe d or employees requ� to perform -.— - — — — — -- — -- -- ---- -- the contract work, (b) the number of employees required in each classification, (c) the date on which the participant eshmatesstiahmmpbVeft witbe-tequired. and*fyar�iEotlnier-- pertinent information required by the State Employment --- ------- Service to complete the job order form. The job order maybe placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the Stale Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 86 i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01"DE LOCAL AGENCY PROGRAM AGREEMENT ROGRAMMANAGEMENT OGc- 08115 Page 1 of 2 Exhibit "E" TITLE VI ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as the "contractor") agrees as follows: (1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3.) Solicitations for Sub -contractors, including Procurements of Materials and Equipment: In all solicitations a+th by -Dm ftiwe iFdding �&r negoti;Eibn made by the contractor for work-to—be -- performed under sub -contract, including procurements of materials or leases of equipment, each ha be by the ©t)ilgatiens --- — -��lertha#_ S -- under this contract and the REGUI ATIONS relative to nondiscrimination on the basis of race, color, — - -- - — - national origin, or sex. (4.) Information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or 87 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40E LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT OGC- 08/ i 5 Page 2 of 2 Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (7) in every sub -contract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin),- and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies - —Act-Ofd97D,�42U.S.C. §-4601}{prohjbits-�fW treatment--efpersons-disptaeedorg�proPert�rt�as-- - - - - - been acquiredbecause of Federal or Federat-aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the -_-- _ -- .-_-- _ et seq . as am a ion on the basis ofdisebifity); and 49 CFR Part 27; The Age Discrimination Act of 1975, as arTiended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities' to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 88 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION $25-010-40F LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGO - 08/15 Page 1 of 1 EXHIBIT "F" AGENCY RESOLUTION The agency Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. '89 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES 1115 Page 1 EXHIBIT 1 FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 CFDA Title: Highway Planning and Construction Federal -Aid Highway Program, Federal Lands Highway Program CFDA Program Site: httas:/fwww.cfda.gov/ Award Amount: $569,763.00 Awarding Agency: Florida Department of Transportation Award is for RBD: No Indirect Cost Rate: N/A FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards http://www.ecfr.gov/ OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations http:Hwww.whitehouse.gov/sites/default/files/omb/assets/a133/a133 revised 2007 pdf -A8 Citcular A-133 Compliance Supplement 2014 - - - - ---- - http://www.whitehouse.gov/omb/circulars/al33 compliance supplement 2014 FEDERAL RESOURCES AWARDED PURSUANTTO THIS AGREEMENT-MAY-ACSQ BE SUSJEOT-- FOLLOWING: - OMB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Governments http://www.whitehouse.gov/omb/circulars a087 2004/ OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments http://www.whitehouse.gov/omb/circulars a102/ Title 23 — Highways, United States Code http://uscode.house.gov/browse/prelim(a)title23&edition=preIim Title 49 — Transportation, United States Code http:/Iuscode.house.gov/browse/prelim(cDtitle49&edition=prelim Map -21 — Moving Ahead for Progress in the 2151 Century, Public Law 112-141 http://www.gpo.qov/fdsys/okq/PLAW-112pubil41/pdf/PLAW-112publl41 pdf Federal Highway Administration - Florida Division http://www.fhwa.dot.gov/fldi / Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) https://www.fsrs.gov/ 90 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FEDERAL -AID PROJECT FUNDING REQUEST 525-010.30 CONSTRUCTION D8I00 Page 1 cf 2 DATE AGENCY Indian River County FEDERAL -AID PROJECT NUMBER 8886-493-A FIN NUMBER 431725-2-58/68-01 STATE JOB NUMBER TIP PAGE NUMBER PROJECT TITLE 431d Ave. Sidewalk Improvements Termini 1: from Aviation Blvd. to Airport Dr. West Length: 0.673 Miles WORK PHASE: ❑ PLANNING ❑ ENVIRONMENTAL ❑ DESIGN CONSTRUCTION ❑ RIGHT OF WAY AWARD TYPE: LOCAL LOCAL FORCES ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent reevaluation date. EIS approved on: and reevaluated on: EA /FONSI approved on: and reevaluated on: Categorical Exclusion: Programmatic Categorical Exclusion determination on: Type I Categorical Exclusion determination on: 5/11/2016 Type II Categorical Exclusion determination on: Categorical Exclusion Reevaluation on: PHASE TOTAL LOCALAGENCY STATE FEDERAL FUNDS PERCENT OBLIGATION DATE ESTIMATED COST FUNDS FUNDING (nearest Dollar) FEDERAL Month / Year nearest Dollar nearest Dollar nearest Dollar FUNDS PLANNING PDBE _ ---- -- -- - DESIGN M1j1 DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: 10' -20' travel lanes Number of Lanes 2 Bridge Number(s) on Project None DESCRIPTION OF PROPOSED WORK ❑ New Construction❑ 3-R Enhancement Congestion Mitigation Sidewalk Roadway Width 11' (Varies) travel lanes Number of Lanes 2 Bridge Numbers(s) on Prosect None LOCAL AGENCY CONTACT PERSON TITLE: James W. Ennis, P.E., PMP County Engineer MAILING ADDRESS: PHONE: 1801 27th Street 772-226-1380 Vero Beach, FL 32960 AGENCY ZIP CODE: Indian River County 32960 LOCATION AND DESIGN APPROVAL: BY: Bob Solari Approving Authority TITLE: Chairman DATE: 91 525-010-30 CONSTRUCTION oam Page 2 of 2 AGENCY: PROJECT TITLE: DATE: Indian River County 431d Ave. Sidewalk Improvements from Aviation Blvd. to Airport Dr. West ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS: An Environmental Determination was completed and approved for the Project. RIGHT OF WAY AND RELOCATION: No Right of Way acquisition is required for the Project. THIS PROJECT HAS 13EEN REVIEVIIED BY THE LEGISLATIVE BODY -OF THE ADMINISTRATION AGENCY 0R AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR CONNUNI_ NT. DATE: By: AGENCY: Bob Solari, Chairman e 92 TO: FROM: SUBJECT DATE: Carole Jean Jordan, CFC Tax Collector MEMORANDUM Jason Brown, County Admin Carole Jean Jordan, Tax Col Consent Agenda Item August 18, 2016 "How MAY WE HELP YOU?"' Please place the following item on the Consent Agenda for the Board of County Commissioners meeting on Tuesday, September 13, 2016. The Property Appraiser's office has informed us that due to the scheduling of the Value Adjustment Board hearings, it will be necessary for them to certify the 2016 tax roll to us prior to the conclusion of the hearings. Pursuant to Florida Statute 197.323 (see attached excerpt), I am requesting that the Indian River County Board of County Commissioners order the tax roll to be extended prior to the completion of the Value Adjustment Board hearings. The statute gives the Board this authority if completion of the hearings would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1, 2016. Should you have questions or if I may be of any assistance, please feel free to contact me at extension 1337. Thank you for your attention to this matter. 1800 27th Street, Bldg. B, Vero Beach, FL 32960-0310 E-mail: HowMayWeHelpYou@IRCTax.com . Website: www.IRCTax.com Phone: (772)226-1338 . Fax (772) 770-5009 93 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfin?mode=View Statutes&... Select Year: 2016 ,: Cs0 The 2016 Florida Statutes Title XIV Chapter 197 View Entire Chapter TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS 197.323 Extension of roll during adjustment board hearings.— (1) Notwithstanding the provisions of s. 193.122, the board of county commissioners may, upon request by the tax collector and by majority vote, order the roll to be extended prior to completion of value adjustment board hearings, if completion thereof would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1. For any parcel for which tax liability is subsequently altered as a result of board action, the tax collector shall resolve the matter by following the same procedures used for correction of errors. However, approval by the department is not required for refund of overpayment made pursuant to this section. (2) A tax certificate or warrant shall not be issued under s. 197.413 or s. 197.432 with respect to delinquent taxes on real or personal property for the current year if a petition currently filed with respect to such property has not received final action by the value adjustment board. History.—s. 156, ch. 85-342; s. 163, ch. 91-112. Copyright m 1995.2016 The Florida Legislature • Privacy Statement • Contact Us 94 1 of 1 8/18/2016 10:11 AM Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: August 25, 2016 SUBJECT: Authorization to Attend Public Funds Investment Seminar The County Administrator is requesting authorization to attend the Public Funds Investment Seminar hosted by Public Trust Advisors on Thursday, October 13th, 2016, in Orlando, Florida. Funding is available in the County Administration 2016/2017 FY budget account number 00120112-034020. APP FOR Indian River Co Approved Date Administrator I f / cl 1911lo 95 PUBLIC TRUST ADV ISO FJS ?III�II�If�'f�� Save The Date — October 13, 2016 PUBLIC FUNDS INVESTMENT SEMINAR: HOSTED BY PUBLIC TRUST ADVISORS PROVIDING 8 HOURS OF TECHNICAL BUSINESS CPE Business; , Professional John Grady, Tom Tight, Matt Tight, Mary Rose and the Public Trust Advisors team invite you to join us this fall: GAYLORD PALMS RESORT AND CONVENTION CENTER, ORLANDO, FLORIDA THURSDAY, OCTOBER 13, 2016 - 8:OOAM — 5:OOPM AGENDA AND REGISTRATION INFORMATION TO FOLLOW This is a complimentary seminar for public sector professionals. Seating is limited, if you would like to reserve your space early please contact Mary Rose at (407) 588-0076 or via email at seminar@publictrustadvisors.com 96 Dylan Reingold, County .Attorney William K. DeBraal, Deputy Count}• .Attornei Kate Pingolt Cotner, _Assistant County .Attorney OfCe o Consent 9113116 f INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: Rich Szpyrka, Public Works Director FROM: William K. DeBraal, Deputy County Attorney Vol', DATE: September 7, 2016 SUBJECT: Extension of Old Vero Ice Age Display On Second Floor of Building A, County Administration Building At the Board of County Commissioners Meeting of April 14, 2015, the Old Vero Ice Age Sites Committee made a presentation to the Board and asked for permission to display an exhibit on the second floor of the County Administration Building A of fossils, bones and artifacts found at the Old Vero Ice Age Site. The Board approved the display for a period of one year with an option for an additional year. The Committee signed the standard Hold Harmless Agreement used for art and other displays as drafted by the County Attorney's Office. Recently, staff was visited by a Committee member concerning extending the display for an additional year and updating the display with different material. Staff has no objection to extending the display for an additional year as the artifacts are often viewed by visitors to the building and no other requests for use of this area have been received. FUNDING: This matter has no impact to County funds. STAFF RECOMMENDATION: Staff recommends the Board approve the request to extend the Old Vero Ice Age Sites Committee display for an additional year so long as they agree to enter into the standard Hold Harmless Agreement attached. Copies to: Rich Szpyrka, Public Works Dann Jacobus, Old Vero Ice Age Site Committee 'rida^ s~.,� ca acc a AdmA Legal� Eu�igel Dept Risk tv gr LVED FOR AA_L�__-- B.C.0 MEET NJ - 'j i A6 COUN Y AT T ORNEY; _ - - 97 HOLD HARMLESS AGREEMENT THIS AGREEMENT is made this day of whose mailing address is (name) (address) , 20, between (EXHIBITOR), (city, state, zip) and the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, (INDEMNITEES): WHEREAS, WITNESSETH: EXHIBITOR desires to display art work(s) or other display material at (FACILITY) from date of delivery/installation of to , date of removal. NOW, THEREFORE, in consideration of good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. INDEMNITEES agree to allow EXHIBITOR to display its artwork at the FACILITY. 2. EXHIBITOR agrees to indemnify, hold harmless, and defend INDEMNITEES, its agents, employees, and volunteers from any and all claims, demands and damages including but not limited to theft, fire, vandalism, malicious mischief, and liabilities or suit of any kind whatsoever arising from or due to EXHIBITOR'S displays. 3. EXHIBITOR agrees that any cleaning maintenance and/or special security required prior to, during and after removal of exhibits shall be the responsibility of EXHIBITOR. IN WITNESS WHEREOF, the parties set their hands and seals on the above date. SIGNATURE OF EXHIBITOR BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, INDEMNITEE Richard B. Szpyrka, P.E., Public Works Director Authority: BCC Resolution No. 2010-092 F:\Public Works\Luanne M\Facilities Management\Cultural Council\HOLD HARMLESS AGREEMENT display blank 09-09-13.doc 98 Uylan Ketngold, County .-Attorney William K. DeBraal, Deputy County _Attorney Kate Pingolt Cotner, .-Assistant County .-Attorney CONSENT AGENDA — 9/13/16 Of ce of ?� INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: August 29, 2016 ��vv SUBJECT: The Reserve at Vero Beach P.D. — Final Lift of Asphalt Guaranty Sections 913.10(1)(D) and (2)(B) of the Indian River County Code require that when security is posted to either guaranty or warranty construction of required improvements relating to subdivisions, that letters of credit are required to run 90 days beyond the date of completion or the warranty expiration as the case may be. This 90 -day period allows staff to work with the developer in the event the developer for some reason cannot fully complete its obligation under the time constraint set forth in the agreement. Towards the end of the 90 -day period, if the developer's obligations still cannot be met, then staff proceeds to call the security prior to its expiration. With regard to The Reserve at Vero Beach P.D., located between S.R. 60 and College Lane and immediately west of Century Town Center, the developer, SR 60 Vero LLC, is required to post security to guaranty that the final lift of asphalt will be laid. The security being used is a letter of credit, and the expiration date of the letter of credit, per code, needs to run to November 4, 2018. The developer contacted the County Attorney's Office and asked if the letter of credit expiration date could end three days earlier (November 1, 2018) because the developer's loan maturity date is November 1, 2018; and in order to have the letter of credit run until November 4, 2018 would require an extension to the loan and loan modification documents drafted, equating to significant work and expense. The County Attorney's Office has consulted with Public Works and Community Development which do not object to the reduction. As the request is to waive only 3 days, and is supported by staff, the County Attorney's Office supports the requested waiver. Approved for September 13, 2016 BCC Meeting CONSENT COUNTY ATTORNEY 99 FUNDING: There is no cost incurred by the County with regard to this matter. RECOMMENDATION: The County Attorney recommends that the Board, in this particular instance, due to the short time involved, waive the 90 -day requirement set forth in Section 913.10 of the Indian River County Code, and allow the developer to secure the guaranty of the final lift of asphalt with a letter of credit issued with a shortened expiration date of November 1, 2018 rather than an expiration date of November 4, 2018. /nhm 100 CONSENT: 9/13/16 Ofce of INDIAN RIVER COUNTY DvIan Reingold, County .Attorney William K. DeBraal, Deputy County .Attorney Kate Pingolt Cotner, _Assistant County .Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney`, rlp- DATE: August 10, 2016 �l/, ATTORNEY SUBJECT: Resolution Canceling Taxes on Property Dedicated to Indian River County for Right -Of -Way in Connection with Dollar General at Oslo Project A resolution has been prepared for the purpose of canceling any delinquent or current taxes which may exist on the below listed property which was dedicated to Indian River County in connection with the Dollar General at Oslo project: Tax Parcel I.D. # 33-40-30-00000-3000-00012.0 (portion of) Dedicated by: Alfred Sammartino and Betty Sammartino Description/Location: Oslo Road east of Old Dixie Highway Instrument: Warranty Deed, recorded in Book 2944, Page 138 Public Purpose: right-of-way FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolution to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser Approved for September 13, 2016 BCC Meeting CONSENT COUNTY ATTORNEY 101 Portion of Parcel No. 33-40-30-00000-3000-00012.0 Dedicated to Indian River County by Alfred Sammartino and Betty Sammartino (Dollar General at Oslo) Public Purpose: for right-of-way RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 102 RESOLUTION NO. 2016 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands dedicated to Indian River County by Alfred Sammartino and Betty Sammartino for right-of-way associated with Dollar General at Oslo project, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed recorded in Book 2944, Page 138, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2 103 RESOLUTION NO. 2016 - Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Wesley S. Davis Tim Zorc Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of September, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA M ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited With Tax Collector $ �J Bob Solari, Chairman 3 . r. 104 120160035728 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL 1K: 2944 PG: 138,6/21/2016 12:39 PM D DOCTAX PD $0.70 Pert of Tax Parcel J.D. 33-40-30-00000-3000-00012.0 THIS INDENTURE, made this a day ofyu w -P 2016 between Alfred Sammartino and Betty Sammartino, husband and wife, whose mailing address is 51 Cache Cay Drive, Vero Beach, FL 32963, hereinafter called GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE. WITNESSETH: That GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the GRANTEE, and GRANTEE'S successors and assigns forever, the following described land, situate, lying and being in Indian River County, Florida: Sep Exhibit "A" attached hereto and made a part hereof. GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. Signed, sealed and delive in the presenge„of:/ 17 printed nam'/ _ B d cs a signature. printed name. 'r Lj now �1��rn�,n C• 11 1 1Q.G�4-ZS Signed, sealed and delivered in the presence of: signature: A printed nam . I h By Be mmartlno signature: , printed name: This dominant was prepared by APPROVED AS TO FORUN and sbta ld be returned to ANWGGAL UFFI is the County Attorney's Office1801 27th street Vero Beacb, Florida 32960 GECRlAl. 0 E7UTY COUtTr7 AT, OPN Y 105 3K: 2944 PG: 139 STATE OF 9A POM 677 r10 W N 4 COUNTY OF 11413t4td-Rt�FE fjjYjo The foregoing instrument was acknowledged before me this L3 - day of 2016, by Alfred Samma�^rltino who is either personally known me or has produced (drivesicense or passpo as i entificabon. o SEAL z 2 • `,= moi. 9S,•'' •.....••'.�'l •\\� i�/y /CA IO \j \ ���0 NOTARY PUBLIC printed name: Commission No.: Commission Expiration: 7/10(• STATE OF F6� COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by Betty Sam rtino who is either personally known t me or has produced (�l (driver's license or passpo as identification. NOT Y PUB IC printed name: Commission No.: Commission Expiration:' 106 M: 2944 PG: 140 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey. (Project # 15-048—RWD • TYPE OF SURVEY: SKETCH OF DESCRIPTION - NOT A FIELD BOUNDARY SURVEY • THIS SURVEY PERFORMED BY: HOUSTON. SCHU.1(& BITII.E R STODDARD, WG LB. /6905 "m MOM" LAID SURVEYORS 1717 INDIAN RJVER BOIU.EVARD, SHITE 201, VERO BEACH, FLDRDA 32960 • PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. #5755 EXHIBIT •A' Legal Description: A VARIABLE WIDTH RIGHT OF WAY DEDICATION LYING WEST OF THE FLORIDA EAST COAST RAILWAY AND EAST OF OLD DIXIE HIGHWAY, IN SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 30, RUN NORTH 88'45'03' EAST (BASIS OF BEARINGS) ALONG THE NORTH UNE OF SAID SECTION 30, A DISTANCE OF 816.34 FEET TO THE WEST RIGHT OF WAY UNE OF THE FLORIDA EAST COAST RAILROAD, A 100 FOOT RIGHT OF WAY AND A POINT ON A CURVE CONCAVE TO THE NORTHEAST, THE RADIUS OF WHICH BEARS NORTH 79'1649' EAST, A DISTANCE OF 5779.58 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE AND WEST RIGHT OF WAY UNE THROUGH A CENTRAL ANGLE OF 00'24'48, AN ARC DISTANCE OF 41.70 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID ARC THROUGH A CENTRAL ANGLE OF 00'0621', AN ARC DISTANCE OF 10.67 FEET; THENCE LEAVING SAID WEST RIGHT OF WAY UNE RUN SOUTH 87-3(730' WEST, A DISTANCE OF 186.76 FEET; THENCE RUN SOUTH 40.0720^ WEST, A DISTANCE OF 52.35 FEET TO THE EAST RIGHT OF WAY UNE OF OLD DIXIE HIGHWAY, A VARIABLE WIDTH RIGHT OF WAY, AS R NOW EXJSTS; THENCE RUN NORTH 08'16'51' WEST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 8.61 FEET; THENCE RUN NORTH 39'24'05' EAST, A DISTANCE OF 54.29 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE NORTH, THE RADIUS OF WHICH BEARS NORTH 01'18'10" WEST, A DISTANCE OF 10374.90 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'12'38 AN ARC DISTANCE OF 38.12 FEET; THENCE LEAVING SAID ARC, RUN NORTH 86'48'29' EAST, A DISTANCE OF 64.61 FEET TO A NON -TANGENT CURVE, CONCAVE TO THE SOUTH, THE RADIUS OF WHICH BEARS SOUTH 02'42'32" EAST, A DISTANCE OF 13960.00 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'14'48', AN ARC DISTANCE OF 60.12 FEET; THENCE LEAVING SAID ARC RUN NORTH 87'44'42' EAST, A DISTANCE OF 22.38 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING (2286.11 SQ FT) 0.05 ACRES, MORE OR LESS. Legend & Abbreviations: (symbols not scaleable for size) PLS - PROFESSIONAL LAIC SURVEYOR CR - COUNTY ROAD PSM - PROFESSIONAL SURVEYOR i MAPPER R/w - RIGHT OF MAY LB - LAND SURVEIING BUSINESS O.R.B. - OFFICIAL RECORD BOOK C - CENTERLNE P.O.C. - POINT OF T M - MEASURED VALUE P.0.8 - POINT OF BEGNIING P - PLAT VALUE (OA) - OVERALL SKETCH OF DESCRIPTION FOR RIGHT OF WAY DEDICATION PLAT OF SURVEY FOR: INDIAN RIVER COUNTY MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SMTE 201 VERO BRACH. FL 32%0 LB#6905 PHONE: 772-794-1213, FAX: 772-794-1096 E-MAIL: LB6905r&4BFLLSOUTH.1VET S7CEMH OF. LEGAL DEWRIP77ON NOT J30UNQARY SYIRWY MSSilnrEir 6.IaT;1pIFJfI,up" Tw ® SKUNK Alla 1 dOfi1K:IRAW gx CF AE Fy�LO\�FIDAA� . Slf i9E1*AIR MAPPER CKARM K 6UII1dWW' -` P -W 16756 107 3K: 2944 PG: 141 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) y ftx;oo!q . r� AYAt� 3pt�pdB�� O'K� n n C go I I y m v m _ I c C� v m m (RADIAD — J� 2 ^2 0 m z n 2 c I mrd Tw- 91 I EXHIBIT "A - 1,J �_ RANGF 39 F RANGE BOE Z O tp 0 mznno , gf7%i_ 7 ii uu� p ? � AKIf7C7 hq ,rar—►an�go�l— /r {iCo� I /i JJ /i /i /i /i /i / ism > I 1R SKETCH OF DESCRIPTION FOR GRAPHIC SCALE RIGHT OF WAY DEDICATION 20i10 20 ( IN FEET ) SKETCH OF LEGAL DESCRIP77ON 1 inch = 20 ft. NOT A BOUNDARY SURVEY PLAT OF SURVEY FOR: INDIAN RIVER COUNTY PROJ. N0. 15 -048 -RC DWN. BY: C.H.B. DATE 06-03-16 MERIDIAN CKD. BY: S.P.T. LAND uavEvaes THIS PIAT AND REPORT ARE NOT VALID NDWT THE SIGNAM AND TIE oRxau� »t RO� � •W �� veto 734%4 13, AX& 72-7W) RAISED SEK OF THE FLCRDA REpS�HiD SURIEYOR AND MAAER NNED IEREOI N'HONL• 773�7f412t� rA=t m-��"s RMIOI SIGIIATLRE AHD SEAL MAY E MIND AT TFE END OF IE ATTACHED REPORT. F-MAu: txfa�actasamurr ,THIE PUT AND REPORT ARE NOT fill AMD COYiU-TE *Mff ONE NMOL i u 108 I go H I 1 I I r. �I J� > I 1R SKETCH OF DESCRIPTION FOR GRAPHIC SCALE RIGHT OF WAY DEDICATION 20i10 20 ( IN FEET ) SKETCH OF LEGAL DESCRIP77ON 1 inch = 20 ft. NOT A BOUNDARY SURVEY PLAT OF SURVEY FOR: INDIAN RIVER COUNTY PROJ. N0. 15 -048 -RC DWN. BY: C.H.B. DATE 06-03-16 MERIDIAN CKD. BY: S.P.T. LAND uavEvaes THIS PIAT AND REPORT ARE NOT VALID NDWT THE SIGNAM AND TIE oRxau� »t RO� � •W �� veto 734%4 13, AX& 72-7W) RAISED SEK OF THE FLCRDA REpS�HiD SURIEYOR AND MAAER NNED IEREOI N'HONL• 773�7f412t� rA=t m-��"s RMIOI SIGIIATLRE AHD SEAL MAY E MIND AT TFE END OF IE ATTACHED REPORT. F-MAu: txfa�actasamurr ,THIE PUT AND REPORT ARE NOT fill AMD COYiU-TE *Mff ONE NMOL i u 108 Of Ce of Consent 9113116 INDIAN RIVER COUNTY 0 ATTORNEY Dylan Reingold, County Attorney Wiilliam K. De.Braal, Dcputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John King, Director, Emergency Services FROM: William K. DeBraal, Deputy County Attorney o* DATE: September 6, 2016 SUBJECT: Fifth Amendment to Extend the Contract for Providing Animal Shelter Services for Indian River County Since October 1, 1995, the County and the Humane Society of Vero Beach and Indian River County, Inc. (Humane Society) have contracted for animal shelter services. The contract was most recently extended in October 2013 and is set to expire September 30, 2016. The contract calls for the Humane Society to take in stray dogs, cats and other unwanted animals, provide for veterinary care if needed and attempt to adopt the animals out. The agreement has been mutually beneficial to both parties. The County has a certified, dependable, safe place to house stray animals without the overhead and staffing needed to operate an animal shelter and the Humane Society has community support and an income stream to run their program. The parties have agreed upon a six month extension to the contract through April 30, 2017. Emergency Services is in the process of finalizing a Request for Qualifications/Proposals for Providing Animal Shelter Services which will be issued in the near future. FUNDING: Funds for the Humane Society are budgeted in General Fund/Quasi Non -Profit Agencies. For Fiscal Year 2016/17 $395,547 has been allocated to the Humane Society. STAFF RECOMMENDATION: Staff recommends the Board approve the Fifth Amendment to Extend the Contract for Providing Animal Shelter Services for Indian River County and authorize the Chairman to execute the document on behalf of the Board. Copies to: John King, Emergency Services Chalmers Morse, Humane Society FOR _-� --�---- -._mss TW ��6 109 FIFTH AMENDMENT TO EXTEND THE CONTRACT FOR PROVIDING ANIMAL SHELTER SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Fifth Amendment to Extend the Contract for Providing Animal Shelter Services for Indian River County, Florida, ("Fifth Amendment') entered into September , 2016, by and between the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida ("County") and the Humane Society of Vero Beach and Indian River County, Florida, Inc. a Florida not for profit corporation, ("Society"). BACKGROUND RECITALS WHEREAS, since October 1, 1995, the County and the Society entered into Contracts for Providing Animal Shelter Services for Indian River County, Florida ("Contract'); and WHEREAS, the Parties have renewed and extended this Contract on four different occasions, most recently on October 1, 2013, and the Parties desire to extend the Contract for an additional period of six (6) months; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Society agree as follows: 1. The above Background Recitals are true and correct and are incorporated into this Amendment. 2. From and after the date of this Fifth Amendment, Article 3 is amended in its entirety and shall read as follows: This Contract shall be effective from October 1, 2016 until April 30, 2017, unless otherwise terminated according to the provisions of the Contract. 3. All terms and provisions of the Contract not amended by this Fifth Amendment shall be and remain in full force and effect. 110 IN WITNESS WHEREOF, the parties have caused this Fifth Amendment to be executed effective the day and year first set forth above. ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller Deputy Clerk Approved- J6 pproved: J on . Brown C unt Administrator Approved as to form and William K. DeBraal Deputy County Attorney WITNESS.- Printed ITNESS: Printed Name Printed Name al su INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari, Chairman BCC Approval Date: 09/ /2016 HUMANE SOCIETY OF VERO BEACH AND INDIAN RIVER COUNTY, FLORIDA, INC. 93 Date.- 2 ate: 2 Chalmers I. Morse Executive Director/CEO 111 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, County EngineC� 3► SUBJECT: AWARD OF BID South County Park General Use Field IRC Project No. 1425, Bid No. 2016048 DATE: August 31, 2016 DESCRIPTION AND CONDITIONS The proposed South County Park General Use Field improvements consist of constructing 600 -ft by 225 -ft general purpose use field along with drainage improvements for the South County Park adjacent to the newly constructed IRC Intergenerational Recreation Center. The bid opening for the project was held on August 24, 2016. Five (5) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Bill Bryant & Associates, Inc. Guettler Brothers Construction, LLC. Kerns Construction Timothy Rose Contracting, Inc. XGD Systems, LLC Vero Beach, Florida $533,614.67 Fort Pierce, Florida $349,357.00 Fort Pierce, Florida $409,000.00 Vero Beach, Florida $469,524.60 Stuart, Florida $396,404.31 Guettler Brothers Construction, LLC., is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $349,357.00. The Purchasing Division has checked references for Guettler Brothers Construction, LLC., and determined that they have performed similar construction projects consistently, and in a satisfactory manner. FUNDING Funding is available from the Parks Optional Sales Tax Account No. 31521072-066510-16027, South County Park General Use Field in the amount of $349,357.00. RECOMMENDATION Staff recommends awarding this bid to Guettler Brothers Construction, LLC., in the amount of $349,357.00 as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid. Staff further requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. F:\Public Works\ENGINEERING DIVISION PROJECTS\1425- S County Park -General Use Field\Admin\bid documents\Bid & Award\IRC- 112 1425 BCC Award of Bid 20160831.doc PAGE TWO BCC Agenda Item for September 13th, 2016 James W. Ennis, P.E., PMP, County Engineer ATTACHMENTS 1. Sample Agreement DISTRIBUTION I. Benjamin Guettler, Manager, Guettler Brothers Construction, LLC. APPROVED AGENDA ITEM FOR: t mb r th 1 By: T;�—' Indian River County Approved Date Administration Budget Legal Purchasing Public Works 7// Engineering �I it ref' F:\Public Works\ENGINEERING DIVISION PROJECTS\1425- S County Park -General Use Field\Admin\bid documents\Bid & Award\1RC- 113 1425 BCC Award of Bid 2016083I.doc SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1 - WORK.................................................................................................................................2 ARTICLE2 - THE PROJECT..................................................................................................................2 ARTICLE3 - ENGINEER........................................................................................................................2 ARTICLE4 - CONTRACT TIMES..........................................................................................................2 ARTICLE 5 - CONTRACT PRICE..........................................................................................................3 ARTICLE 6 - PAYMENT PROCEDURES..............................................................................................3 ARTICLE 7 - INDEMNIFICATION........................................................................................................5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS......................................................................5 ARTICLE 9 - CONTRACT DOCUMENTS.............................................................................................6 ARTICLE 10 - MISCELLANEOUS.........................................................................................................7 (THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - Agreement SAMPLE 00520-1 114 FAPublic Waks1ENGINEERING DNISION PROJECTSN425- S County Park -General Use FieldlAdmin%id documents0d & AwardW0520 - Agreement SAMPLE.doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed project consists of clearing, filling, grading, and sodding approximately 5.21 acres for a General Use Field. Improvements include the installation of storm water pipe, drainage inlets, a concrete driveway, and a shell roadway. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: SOUTH COUNTY PARK GENERAL USE FIELD County Project Number: 1425 Bid Number: 2016048 Project Address: 1590 911 Street SW (Oslo Road) Vero Beach, Florida 32962 ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 120T" calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with 00520 - Agreement SAMPLE 00520-2 115 F.\Public Works\ENGINEERING DIVISION PROJECTS\1425- S County Park -General Use Field\Admin\bid documents\&d 8 Award\00520 - Agreement SAMPLE doc paragraph 14.07 of the General Conditions on or before the 150T11 calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,099.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,099.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.8, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent 00520 - Agreement SAMPLE 00520-3 116 F.\Public Works\ENGINEERING DIVISION PROJECTS\1425- S County Park -General Use Field\Admin\bid documents\Bid 8 Award\00520 - Agreement SAMPLE doc (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 00520 - Agreement SAMPLE 00520-4 117 F.\Public Works\ENGINEERING DIVISION PROJECTS\1425- S County Park -General Use Field\Admin\bid documents\Bid & Award\00520 - Agreement SAMPLE doc ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00520-5 00520 - Agreement SAMPLE lig F Tublic Works\ENGINEERING DIVISION PROJECTS\1425- S County Park -General Use Field\Admin\bid documents\Bid & Award\00520 - Agreement SAMPLE doc I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6, inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); 8. General Conditions (pages 00700-1 to 00700-45, inclusive); 9. Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 10. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 11. Drawings consisting of a cover sheet and sheets numbered C1 through C5, inclusive, with each sheet bearing the following general title: General Use Field, Indian River County South County Park; 12. Addenda (numbers to , inclusive); 13. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Division Special Conditions for Right -of -Way Construction 14. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 15. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive); 00520 - Agreement SAMPLE 00520-6 119 F.\Public Works\ENGINEERING DIVISION PROJECTS\1425- S County Park -General Use FieldWdmmWbid documents0d & Award\00520 - Agreement SAMPLE doc 16.Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 17.Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 183he following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments,- b) mendments; b) Work Change Directives; c) Change Order(s); 19.Contractor's Final Certification of the Work (page 00632-1 to 00632-2 of the Specifications). ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract 00520 - Agreement SAMPLE 00520-7 I20 FSPublic Works\ENGINEERING DIVISION PROJECTS\1425- S County Park -General Use Field\Admin\bid documents\Bid & Award\00520 - Agreement SAMPLE.doc shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(a)-ircgov.com Indian River County Office of the County Attorney 1801 27t' Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 00520 - Agreement SAMPLE 00520-8 121 F.Wublic Works\ENGINEERING DNISION PROJECTS\1425- S County Park -General Use Field\Admm\bid documents\Bid 8 Award\00520 - Agreement SAMPLE.doc This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY M M Bob Solari, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: as Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: James W. Ennis, P.E., PMP Title: County Engineer 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 CONTRACTOR: in (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520 - Agreement SAMPLE 00520-9 122 F\Public Works\ENGINEERING DIVISION PROJECTS\1425- S County Park -General Use FieI6,Adminlbid documents\Bid & Award\00520 - Agreement SAMPLE.doc CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 30, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator tMS Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager?_ SUBJECT: Approval of Award for Bid 2017003 Annual Bid for Instrument Control Technician for Water and Wastewater Utilities BACKGROUND: The Department of Utilities Services requested the solicitation of annual bids for the services of a SCADA system instrument control technician for water and wastewater utilities. The work includes monthly maintenance for operating systems software at both Water Treatment Plants, and emergency support as needed service at the Wastewater Treatment Plants. The current bid was awarded to SCADA Solutions, LLC, and was effective from October 8, 2013 through September 30, 2014, with both available one-year renewals exercised. The term of the new bid will be one year, with options for two additional one-year renewals. BID RESULTS: Bid Opening Date: August 23, 2016 Advertising Date: July 29, 2016 Demandstar Broadcast to: 541 Subscribers Specifications/Plans Downloaded by: 11 Vendors Replies: 1 Vendor Bidder Location Total Annual Bid On Call Phone On Call, On -Site Support Support SCADA Solutions I Port St. Lucie $24,000.00 $100/hr $150/hr ANALYSIS: The low bid price represents no change in the cost of monthly visits to WTPs or on call telephone support, but a 20% increase on the hourly rate for as needed on-site service calls. Annual expenditures for the two previous years were $32,250.00 for FY 13/14 and $52,297.00 for FY 14/15 (several on-site service support calls were necessary). Expenditures to date for FY 15/16 are $25,950.00. 123 CONSENT AGENDA SOURCE OF FUNDS: Expenditures will be paid from the Other Professional Services account budgets in the operating fund. Operating funds are generated from water and sewer revenues. The proposed $478,750.00 combined Other Professional Services budgets for FY 16/17 includes $45,000.00 for Instrumentation Tech Support. Account Number Account Description Projected 16/17 Budget 47121936-033190 Water Production -Other Professional Services $30,000.00 47121836-033190 Wastewater Treatment -Other Professional Services $15,000.00 RECOMMENDATION: Staff recommends the Board award Bid 2017003 to the lowest responsive and responsible bidder, SCADA Solutions, LLC, and authorize the Purchasing Division to issue blanket purchase orders for the period of October 1, 2016 through September 30, 2017 to the recommended bidder. Staff also recommends the Board authorize the Purchasing Manager to renew this bid for two additional one-year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. APPROVED AGLENDA ITEM am Jason E. kro4n, County Administrator FOR: September 13, 2016 <�L�.IIL7'I�14�1 WA UJ M. IYJUW- 124 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 30, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator VA S Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Award for Bid 2017004 — Annual Bid for Sulfuric Acid BACKGROUND: The Department of Utilities Services requested the solicitation of annual bids for Sulfuric Acid to be used at both Water Treatment Plants. The current bid was awarded to Shrieve Chemical Company, and was effective from October 22, 2013 through September 30, 2014, with both available one-year renewals exercised. The term of the new bid will be one year, with options for two additional one-year renewals. BID RESULTS: Bid Opening Date: August 23, 2016 Advertising Date: July 29, 2016 Demandstar Broadcast to: 126 Subscribers Specifications/Plans Downloaded by: 18 Vendors Replies: 2 Vendors Bidder Location Per gallon price Shrieve Chemical Company The Woodlands, TX $111,000.00 Sulfuric Acid Trading Company, Inc. Tampa, FL $117,045.00 ANALYSIS: The low bid represents a 19% decrease in the per gallon cost, from $0.91/gallon to $0.74/gal. The quantity used on this bid is 30,000 gallons higher than the last bid, and 74,000 gallons more than the average amount purchased over the last three years. This is due to a change in our water treatment process. Purchasing will work with bidding departments to ensure the requested bid quantities are more representative of actual projected use in the future. SOURCE OF FUNDS: Expenditures will be paid from the Water Production Chemicals account budget in the operating fund. Operating funds are generated from water and sewer revenues. The chemical quantity 125 CONSENT AGENDA requested in the bid exceeds the Department's anticipated annual requirements. The proposed $655,000.00 Water Production Chemical Budget includes $85,000.00 for sulfuric acid. Account Number Account Description Projected 16/17 Budget 47121936-035230 Water Production Chemicals $85,000.00 RECOMMENDATION: Staff recommends the Board award Bid 2017004 to the lowest responsive and responsible bidder, Shrieve Chemical Company, and authorize the Purchasing Division to issue blanket purchase orders for the period of October 1, 2016 through September 30, 2017 to the recommended bidder, after receipt and approval of required insurance by Risk Management. Staff also recommends the Board authorize the Purchasing Manager to renew this bid for two additional one-year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. APPROVED AGE77— BY: Jason E. Brow t, Cl unty Administrator FOR: September 13, 2016 126 �wl'i11�1�1Q!1! 126 Consent Agenda Indian River County Interoffice Memorandum j Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski iAl Director, Office of Management & Budget Date: August 30, 2016 Subject: Miscellaneous Budget Amendment 025 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. The Florida Department of Labor has invoiced the county for unemployment compensation in various departments for the quarter ending March 31, 2016. The attached entry appropriates $60 from MSTU Fund/Reserve for Contingency, $762 from Transportation Fund/Reserve for Contingency, and $1,375 from Utilities/Cash Forward Oct 1S' Due to challenges in filling vacant Building Inspector positions and an increase in Building permit activities, the Building Department has requested $90,000 to fund various private provider services to fill the gaps. The attached entry appropriates funding from Building Department/Cash Forward Oct 1s'. 3. On August 16, 2016 the Board of County Commissioners approved the St. Johns River Water Management District (SJRWMD) Cost -Share Grant for the Osprey Acres Stormwater Park. The attached entry appropriates grant funding in the amount of $1,200,250, and the local cost - share of $3,586,873 to be funded from Optional Sales Tax/Cash Forward Oct 1S'. The total project cost is $4,787,123. 4. On August 16, 2016 the Board of County Commissioners approved the ratification of the Tenant Based Rental Assistance (TBRA) contract signed by the County Administrator in the amount of $100,000. The attached entry appropriates these grant funds. 5. On August 16, 2016 the Board of County Commissioners approved a request for transfer of funds in the amount of $8,596 from Forfeiture Proceeds to Substance Awareness Center. The attached entry appropriates these funds. 6. On August 16, 2016 the Board of County Commissioners approved sampling and testing of Indian River Farms Water Control District canals in the amount of $28,500. The attached entry appropriates funding for this expenditure to be provided by Transportation Fund/Reserve for Contingency. On August 16, 2016 the Board of County Commissioners approved a Joint Participation Agreement (JPA) for the new GoLine Main Transit Hub. The attached entry appropriates $300,000 in grant revenues and the match of $297,074 from Secondary Road/Cash Forward Oct 1 S' 127 Board of County Commissioners August 30, 2016 Page 2 of 2 8. On June 21, 2016 Stan Boling informed the Board that staff was considering hiring a consultant who would provide specific addresses of short-term rental units to make sure owners are complying with the appropriate regulations. The Board consensus was that it would be worthwhile to hire the consultant discussed by Director Boling. The attached entry appropriates funding in the amount of $7,624 from MSTU Fund/Reserve for Contingency. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2015/2016 budget. Attachments Budget Amendment 025 and Resolution APPROVED,AGENDAI M JasoniE. BJrown .4Count ministrator FOR: September 13, 2016 Indian River County ApprovAj Date Administrator Legal �. Budget S— Department Risk Management 128 RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2015-2016 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2015-2016 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2015-2016 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of 12016. Attest: Jeffrey R. Smith Clerk of Court and Comptroller In Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Bob Solari, Chairman APPROVED AS TO FORM AND LEGAL SUFFICI CY BY COUNTY ATTORNEY 129 Exhibit "A" Resolution No. 2016 - Budget Office Approval: r Budget Amendment: endment:025 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Utilities/Non-Revenue/Cash Forward Oct 1st 471039-389040 $1,375 $0 Expense MSTU Fund/Gifford Aquatics Center/Unemployment Compensation 00410572-012150 $60 $0 MSTU Fund/Reserves/Reserve for Contingency 00419981-099910 $0 $60 Transportation Fund/County Engineering/Unemployment Compensation 11124441-012150 $762 $0 Transportation Fund/Reserves/Reserve for Contingency 11119981-099910 $0 $762 Utilities/General & Engineering/Unemployment Compensation 47123536-012150 $1,375 $0 2. Revenues County Building/Non-Revenue/Cash Forward Oct 1st 441039-389040 $90,000 $0 Expenses County Building/Building Department/Other Professional Services 44123324-033190 $90,000 $0 3. Revenues Optional Sales Tax/Non-Revenue/Cash Forward Oct 1st 315039-389040 $3,586,873 $0 Optional Sales Tax/[ntergovemmental/SJRWMD Osprey 315033-337300-16022 $1,200,250 $0 Acres Grant #28730 Expenses Optional Sales Tax/Public Works/Osprey Acres 31524338-066510-16022 $4,787,123 $0 4. Revenues Section 8/Intergovernmental/FY13 Tenant Based Rental 108033-331672-13806 $100,000 $0 Assistance Grant Expenses Section 8/Rental Assistance/Rental Assistance Payment- 10822264-036730-13806 $100,000 $0 TBRA Grant 5. Revenues Multi Jurisdiction Law Enforcement Trust Fund/Fines- 126035-358230 $8,596 $0 Forefitures/SIU-Confiscated Property Expenses Multi Jurisdiction Law Enforcement Trust Fund/Sheriff/Law 12660021-099040 $8,596 $0 Enforcement 130 Resolution No. 2016 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 025 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 6. Expenses Transportation Fund/Stormwater/Other Professional Services 11128138-033190 $28,500 $0 Transportation Fund/Reserves/Reserve for Contingency 11119981-099910 $0 $28,500 7. Revenues Secondary Roads/Non-Revenue/Cash Forward Oct 1st 109039-389040 $297,074 $0 Metropolitan Planning Organization/ Intergovernmental/DOT Grant -Transit Hub Project 124033 334403-10802 $300,000 $0 Metropolitan Planning Organization/Non-Revenue/Transfer In 124039-381020 $297,074 $0 Expenses Secondary Roads/Reserves/Transfer Out 10919981-099210 $297,074 $0 Metropolitan Planning Organization/Planning/Transit Hub Project 12420415-066510-10802 $597,074 $0 8. Expenses MSTU Fund/County Planning/Subscriptions 00420515-035460 $7,624 $0 MSTU Fund/Reserves/Reserve for Contingency 0041 9981-09991 0 $0 $7,624 131 To: From: Date: Subject: Description Indian River County Interoffice Memorandum Office of Management & Budget Members of the Board of County Commissioners Michael Smykowski til S Director, Office of Management & Budget August 30, 2016 Justice Assistance Grant Miscellaneous Budget Amendment 026 CONSENT The Indian River County Sheriff's Office is requesting authorization to utilize Justice Assistance Grant (JAG) monies in the amount of $1,542 for the second quarter Claim #3. The JAG Budget Approval detailing the expenditures has been approved by the Office of Criminal Justice Grants, Florida Department of Law Enforcement (FDLE). These funds will be utilized for a building lease payment of $1,542.00 for the month of April 2016. Staff Recommendation Staff recommends that the Board of Commissioners approve the utilization of JAG grant funds totaling $1,542 and also approve Budget Amendment 026 and Budget Resolution necessary to allocate these funds. Attachments Memo from Annette M Russell, Grant Manager IRC Sheriffs Office dated August 30, 2016 Budget Amendment 026 and Resolution APPROVED AGENDA BY: Jason E County inistrator FOR: September 13, 2016 Indian River Count A r v d ate Administrator Legal Budget Department Risk Management 132 RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2015-2016 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2015-2016 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2015-2016 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2016. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Bob Solari, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY 133 Exhibit "A" Resolution No. 2016 - Budget Office Approval:Budget Amendment: 026 Michael Smykowski, Budget Director Entry Fund/ De artment/Account NameNumber Account Number Increase Decrease 1. Revenue Drug Abuse Intergovt JAG/Drug Enforcement 121033-331241 $1,542 $0 Expenses Drug Abuse Sheriff SI UNIT 12160021-088930 $1,542 $0 134 �VLIN1:1? INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 31, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AW Subject: Work Order No. 8 with KHA — South RO Water Treatment Facility 2016/2017 Permit Renewal DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) operates the South Reverse Osmosis (RO) Water Treatment Facility (WTF) located on Oslo Road east of 20th Avenue. The plant is currently permitted for 8.57 MGD. The current IRCDUS South RO WTF, Florida Department of Environmental Protection (FDEP) Permit No. 31-FL0037940-006 will expire on May 6, 2017. The renewal application is due 180 days prior to the expiration date or by November 7, 2016. ANALYSIS: Staff requested that Kimley-Horn and Associates (KHA) submit a proposal to prepare and submit the FDEP renewal application for the existing South RO WTF permit. The scope of the renewal requirements are more specifically described in the attached Work Order No. 8. On November 4, 2014, the Indian River County Board of County Commissioners (BCC) approved the Extension and Amendment of the Continuing Contract Agreement for Professional Services with KHA. The total negotiated cost for the permit renewal is a lump sum amount of $37,500.00. KHA will prepare two copies of the permit package to be submitted to the Florida Department of Environmental Protection (FDEP) Southeast District. FUNDING: Funding for Work Order No. 8 is available in the Water Treatment -Other Professional Services account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. COUNT INFORMATION: Description Account No. Amount Other Professional Services 47121936-033190 $37,500.00 F:\Utilities\UTILITY - Engineering\WATER\WTP - South RO\Permit Renewal 2016\Admin\Agenda KHA 8-31-16.docx 135 RECOMMENDATION: Staff recommends that the BCC approve the attached Work Order No. 8 with KHA, for the lump sum amount of $37,500.00, and authorize the Chairman to execute the same, as presented. Please note that the notice to proceed for Work Order No.8 will be issued October 1, 2016. ATTACHMENT: Work Order No. 8 — Scope of Services from KHA, South RO Water Treatment Plant Industrial Wastewater Facility Permit Renewal APPROVED FOR AGEN By: Jason . Br wn, County Administrator For: September 13, 2016 Date Indian River Co. Approyq Date Administration B �k Legal Budget _ } Utilities 60 1.7_6 Utilities -Finance F:\Utilities\UTILITY - Engineering\WATER\WTP - South RO\Permit Renewal 2016\Admin\Agenda KHA 8-31-16.docx 136 WORK ORDER NUMBER 8 South RO Water Treatment Plant Industrial Wastewater Facility Permit Renewal This Work Order Number 8 is entered into as of this _ day of 201_, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4`h day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: Kimlley-Hor7nAW Associates, Inc. By: Bran Good, P.E. Title: Sr. Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bob Solari , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Approved: Jason El BroWn, County Administrator Approved as to form and legal sufficiency: T. Reingold, County Attorney 137 EXHIBIT #A Work Order Number 8 Industrial Wastewater Facility Permit Renewal for South Oslo Rd RO Water Treatment Plant PROJECT UNDERSTANDING Indian River County Utilities (IRCU) owns and operates a reverse osmosis (RO) water treatment plant currently rated at 8.57 mgd maximum daily flow with an industrial wastewater facility permit for demineralized concentrate disposal rated for 1.2 mgd average daily flow, or 1.5 mgd maximum daily flow. The existing industrial wastewater facility permit 31-FL0037940-006 expires May 6, 2017, and IRCU desires to renew the operating permit in a timely manner. The renewal application and fees are due to be submitted to FDEP Southeast District 180 days in advance, or by November 7, 2016. The facility includes a new Algal Turf Scrubber system which includes up to 10 mgd of stormwater pumped from South Relief Canal, comingled with RO plant concentrate which trickles over a 4.6 acre treatment area prior to discharging to Sub -Lateral J- l canal. Various monitoring locations throughout the treatment system are included with monthly and/or quarterly monitoring. A 1.15 acre final polishing man-made wetland is used to treat the ATS treated blend water before discharging to the Sub -Lateral J -I canal. A return (recycle forcemain) allows reuse of effluent to hydrate the ATS in the event South Relief canal supply water is not available for use. All surface waters' used for stormwater supply and discharge of treated effluent are considered Class III fresh surface water, and therefore require freshwater species (fathead minnows & daphnia water fleas) for chronic toxicity testing. The following scope of services consists of preparing and submitting an operating permit renewal and responding to requests for additional information from the Florida Department of Environmental Protection. SCOPE OF SERVICES The scope of services will consist of collecting and reviewing the existing operating data since the last renewal (5 -years) and implementation of the Algal Turf Scrubber (ATS) system, preparation and submittal of permit application including existing information furnished by IRCU which will be updated as part of the application package, concentrate water quality, and responding to FDEP requests for additional information (RFI). Consultant will attend a kick-off meeting to discuss the operation of the new treatment system since the previous permit renewal, collect data, and discuss potential revisions to the permit through the application renewal. Consultant will conduct a site visit with operations staff to review the operation of the existing ATS and stormwater pump station, KAWPB Civil\044572030 - IRCU Oncall\Scope\South County Demineralization Permit Renewal 2016 REV2.docx Page 1 of 3 138 and attend a pre-application/site meeting with FDEP staff as suggested in their notice of permit renewal. Consultant will prepare all applicable applications to maintain the existing rated capacity. Application forms including 62-620.910(1) and 2DC 62-620.910(18) forms will be prepared and submitted along with supporting tables, graphs, and process flow diagram. Consultant will update the existing engineering report prepared for the previous up- rating. Consultant will prepare a list of data and documentation needed for the preparation of the permit renewal application. Information such as background water quality data, treatment plant water quality, MOR's, daily plant flow data, non-compliance notices, historical concentrate water characteristic data, etc., as a minimum, will be provided by IRCU for use in preparing the permit application. The following parameters are included as part of the existing operating permit and will be reviewed as part of the permit application. Several of these parameters are measured at multiple locations within the ATS treatment system. Where practical and if desired, the frequency and/or elimination of testing will be requested in the permitting process. • Flow • pH • Phosphorus (Total) • Nitrogen (Total) • Ammonia Nitrogen • Hydrogen Sulfide • Dissolved Oxygen • Fluoride • Conductivity (Salinity) Chlorine Temperature CBOD5 (removed from testing) Mercury Copper Gross Alpha Radium 226/228 Fecal coliform (removed from testing) Acute Toxicity (Daphnia water fleas, fathead minnows) Consultant will rely on the calculations for Total Daily Mass Load (TMDL) and ATS system performance as outline in the permit. A condition of the permit allows a reduction in monitoring frequency of acute toxicity to every six months, which Consultant will review as part of the permit renewal, if the data supports this request. Consultant will prepare a draft application with supporting tables, graphs, trends, and explanations to the permit application renewal and submit draft copies to IRCU staff for review one month prior to submittal deadline. Consultant will attend a review meeting to discuss the draft application and supporting information, and revise the permit application based on comments developed in review meeting. It is assumed that only minor adjustments to the best management plan and standard operating protocols will need to be provided, and Consultant will update the existing Best KAWPB_Civil\044572030 - IRCU Oncall\Scope\South County Demineralization Permit Renewal 2016 REV2.docx Page 2 of 3 139 Management Practices (BMP) and Standard Operating Procedure (SOP) provided and prepared previously by IRCU. We do not anticipate more than two requests for additional information which will be addressed under this scope. Should the permitting process involve extensive coordination and additional responses beyond what is listed herein with FDEP, this should be considered additional scope and services. A permit application fee of $6,000 will be paid for by IRCU and is NOT included in this scope of services. TIME SCHEDULE Consultant will complete these tasks in a timely and mutually agreed upon schedule, and intends on submitting the permit application and supporting information by the submittal deadline of November 7, 2016. -FEE SCHEDULE We will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated November 01, 2014, with Indian River County. The Consultant will provide professional services for Task 1 through Task 7 on a lump sum fee basis as follows: Task No. Task Task Fee Task 1 Collect & Review Data S 4,801 Task 2 Meetings S 4,544 Task 3 Review & Evaluate Results S 7,88 Task 4 Prepare Application $ 4,443 Task 5 Prepare Supporting Information $ 4,983 Task 6 Submit Permit Package & Coordination S 4,312 Task 7 Respond to RAI's $ 6,534 Total Lump Sum Fee = S 37,500 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: • Additional coordination and responses to FDEP or other agencies (IRFWCD) • Preparation of Operating Protocols and Best Management Practices • Design drawings KAWPB_Civi11044572030 - IRCU Oncall\Scope\South County Demineralization Permit Renewal 2016 REV2.docx Page 3 of 3 140 EXHIBIT B - FEE SCHEDULE PROJECT: South Oslo Rd RO Plant Industrial Wastewater Facility Permit Renewal 2017 SHEET I OF 1 CLIENT: Indian River County Utilities FILE NO. ESTIMATOR: MDM DATE: 8/30/16 DESCRIPTION: Permit Renewal DIRECT LABOR (MAN-HOURS) PRINC SEN PROF REG PROF JL/FH DES/ _EjJjS/NBj CLK P EXP SUB Dir Exp LINE TOTAL NO. TASK 1 Collect data. Review existing permit & site visit 12 18 $211 $4,801 2 Kickoff, Pre -application site meeting, review meeting 12 12 4 $200 $4.544 3 Review water quality results, data & summarize 12 6 32 6 $347 $7,883 4 jPreparea lication 8 16 8 $195 $4.443 5 Prepare supporting docs, update BMP 1 12 16 4 $219 $4,983 6 Submit permit package & coordination 6 6 16 2 $190 $4.312 7 Respond to RAI's (2) 14 24 6 $288 $6.534 TOTAL HOURS 0 76 12 134 30 0 $1.650 $37,500 LABOR($/HOUR) 235 225 150 105 96 25 $0 $0 SUBTOTAL o 171001 1800 14070 2880 0 $35.850 $0 INDIAN RIVER COUNTY, FLORIDA { MEMORANDUM!► TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: 26th Street — Advance Acquisition of Right -Of -Way 2605 52nd Avenue Vero Beach, FL 32966 Owner: Michael Staller DATE: August 30, 2016 DESCRIPTION AND CONDITIONS Michael Staller owns a single family home located at 2605 52nd Avenue, Vero Beach. The home is on the corner of 26th Street & 52nd Avenue. Mr. Staller approached the County and offered to sell the property. The parcel is 0.36 acres in size and has 1,223 square feet of living space. The property is zoned RS -6 , single family residential, up to six units per acre, and improved with a 2 bedroom, 1.1 bath Concrete Slab that was built in 1964. A recent appraisal of the property performed by Kelly & Associates, a Vero Beach appraisal firm, values the property at $140,000. After negotiations, Mr. Staller agreed to the purchase price of $167,000. FUNDING Funding for this expenditure is available from Acct #10215241-066120-06011 Traffic Impact Fee - District II ROW/26th St - 43rd Ave to 581h Ave. RECOMMENDATION Staff recommends the Board approve the attached Purchase Agreement and authorize the Chairman to execute the Purchase Agreement on behalf of the Board. ATTACHMENTS One Original of the Purchase Agreement APPROVED AGENDA ITEM FC BY Indian River County Approved 1 Administration (Date -1 %�i Budget }/► ", C/`2: -/L - Legal 8-31- 1� Public Works o i -PAC Engineering F:\Engineering\Monique Filipiak\2605 52nd Ave - Michael Staller\Michael Staller BCC MEMO Agenda 9.13.16.doc 142 ORIGINAL AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND MICHAEL STALLER THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement') is made and entered into as of the day of , 2016, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Michael Staller, ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 2605 521d Avenue, Vero Beach, Florida 32966. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is purchasing right-of-way for the future expansion of 26th Street; and WHEREAS, in order to proceed with road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to 26th Street; and WHEREAS, the County was contacted by the Seller to purchase the parcel of approximately 0.36 acres of property as depicted on Exhibit "A", and WHEREAS, the County is currently purchasing property/right-of-way from willing sellers; and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 2605 52nd Avenue, Vero Beach, Florida and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 0.36 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $167,000.00 (One Hundred and Sixty -Seven Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant F \Engineering\Monique Filipiak\2605 52nd Ave - Michael StalleNRC Purchase Contract Michael Staller 08.15.16.doc 143 ORIGINAL to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. F:\Engineering\Monique Filipiak\2605 52nd Ave - Michael StallerVRC Purchase Contract Michael Staller 08.15.16.doc 144 ORIGINAL 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay the following expenses at Closing: F:1Engineering\Monique Filipiak\2605 52nd Ave - Michael StallerURC Purchase Contract Michael Staller 08.15.16.doc 145 ORIGINAL 7. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2 Seller shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. F:\EngineeringWlonique Filipiak\2605 52nd Ave - Michael Staller\IRC Purchase Contract Michael Staller 08.15.16.doc 146 ORIGINAL 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Michael Staller 2148 Buena Vista Blvd Vero Beach, FL 32960 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. FAEngineeringWtonique Filipiak\2605 52nd Ave - Michael StallerURC Purchase Contract Michael Staller 08.15.16.doc 147 ORIGINAL IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS M"�l &9�� -gla y k;=11 Bob Solari, Chairman Michael Staller Date Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Appro Jason . Br wn, County Administrator Approved as to Form egal Sufficiency: County Attorney F:EngineeringWlonique Filipiak\2605 52nd Ave - Michael Staller\IRC Purchase Contract Michael Staller 08.15.16.doc 148 ORIGINAL EXHIBIT "A" DODGERTOWN SUB BLK C LOT 1 PBI 3-49 Commonly known as: 2605 52nd Avenue, Vero Beach, FL 32966 Parcel ID Number: 32-39-33-00003-0003-00001.0 F:\Engineering\Monique Filipiak\2605 52nd Ave - Michael Staller\IRC Purchase Contract Michael Staller 08.15.16.doc 149 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka P.E., Public Works Director SUBJECT: Intergenerational Recreation Facility at South County Regional Park Bill of Sale of Utility Facilities DATE: August 30, 2016 DESCRIPTION AND CONDITIONS With the issuance of substantial completion for the Intergenerational Recreation Facility at South County Regional Park, the Public Works Department is processing the necessary documentation to reach final acceptance of the project. A portion of the project required the construction of utility infrastructure to support the facility which included a water and sewer system located within the South County Regional Park property boundary. The attached Bill of Sale of Utility Facilities has been prepared to transfer the water and sewer systems to the Indian River County Utility Services Department, an Enterprise Fund entity. FUNDING The cost of recording fees for the recordation of the Bill of Sale of Utility Facilities is $27.00. Funding is available in Account No. 31521072-066510-03028 Optional Sales Tax, Intergenerational Recreation Facility at South County Regional Park in the amount of $27.00. RECOMMENDATION Staff recommends approval of the attached Bill of Sale of Utility Facilities and requests the Board authorize the Chairman to execute the attached Bill of Sale of Utility Facilities for recordation in the Public Records of Indian River County, Florida. ATTACHMENTS Bill of Sale of Utility Facilities DISTRIBUTION Jesse Roland, Utility Services Raeanne Cone, Clerk of Courts APPROVED AGENDA ITEM FOR: By: Indian River County Date Administration —Approvo,, / Budget�— Legal 16 Purchasing Public Works (a V � 0011C C:\Users\rszp 15� ayrkayrk \Desktop\I 135 IG Building BCC Agenda Memo - Bill of Sale.doc IRC Intergenerational Recreation Center BILL OF SALE OF UTILITY FACILITIES to INDIAN RIVER COUNTY, FLORIDA UPC #3228 KNOW ALL MEN BY THESE PRESENTS, that INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having an address of 1801 27"' Street, Vero Beach, Florida 32960, hereinafter called GRANTOR, in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, transfer, and deliver unto INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called GRANTEE, this day of September, 2016, the following goods and chattels: EXHIBIT "A" ATTACHED HERETO AND MADE APART HEREOF which utility facilities are associated with the Indian River County Intergenerational Recreation Center located on property known as the South County Regional Park, and further identified as Tax Parcel No. 33-39-23-00001-0100-00001.0. TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby warrants to the GRANTEE that it has free and unencumbered title to the above-described facilities, and that the GRANTOR has full authority to make this conveyance and will warrant and defend the sale of said chattels and utility facilities hereby made unto GRANTEE against the lawful claims and demands of all persons whomsoever. Further, should the above described utility facilities associated with the Indian River County Intergenerational Recreation Center fail or otherwise become defective during a one-year period from August 15, 2016, due to defective materials or workmanship, said utility facilities are under warranty by GRANTOR'S contractor, Kast Construction Company, LLC, by virtue of a Public Construction Bond (Bond No. 106184148) issued by Travelers Casualty and Surety Company of America. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Em Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller BCC approved: am Deputy Clerk APPROVED AS TO FORM AND LEGAL. SUFFICIENCY BY DYLAN ArEINGOLD 151 GG)UNTY ATTORNEY STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly authorized in the above State and County to take acknowledgments, personally appeared Bob Solari, to me known to be the person described in and who executed the foregoing instrument as the Chairman of the Board of County Commissioners of Indian River County, Florida, and acknowledged to and before me that he executed the same as the act and deed of such county. WITNESS my hand and official seal in the above county and state this day of September, 2016. NOTARY PUBLIC printed name: Commission No.: Commission Expiration.- 2 xpiration: 2 152 MASTELLER & MOLER, INC. M CIVIL ENGINEERS IRC Intergenerational Recreation Center Itemized Materials List - UCP # 3228 EXHIBIT "A" POTABLE WATER & FIRE SERVICES SANITARY SEWER SYSTEM Item Unit Quantity Unit Cost Total Cost 1 6" C-900 PVC Pipe 63 LF $ 14.00 $ 882.00 2 6" Gate Valve 5 EA $ 1,100.00 $ 5,500.00 3 8" C-900 PVC Pipe 884 LF $ 19.00 $ 16,796.00 4 8" Gate Valve 3 EA $ 1,500.00 $ 4,500.00 5 8" x 6" Reducer 2 EA $ 188.00 $ 376.00 6 8" x 8" x 3" Tee 1 EA $ 600.00 $ 600.00- 7 8" x 8" x 6" Tee 1 EA $ 745.00 $ 745.00 8 8" x 8" x 8" Tee 1 EA $ 745.00 $ 745.00 9 Water Service 1 EA $ 740.00 $ 740.00 10 Fire Hydrants - Complete 3 EA $ 2,900.00 $ 8 700.00 11 Fittings 1 LS 2,500.00 $ :2, 500.00 SANITARY SEWER SYSTEM Subtotal Water Services Cost = $ 42,084.00 Subtotal Wastewater Services Cost = $ 65,317.40 TOTAL WATER, FIRE AND WASTEWATER SERVICES VALUE = $ 107,401.40 MAINTENANCE AMOUNT 25010 $ 26,850.35 P`�'' APPRO-V..80j'� SNC. TILITIES * d � 0117 Zo lCo o IWJ' . 970 Y:\rnm\Projects\2011\1163\ADMIMConstruction Files\Close-Out (Certs)\IRC\Utilities\Utility Itemized Materials List_16-0804.)dsx 1655 27th Street Ve o Beach, FL 32960 Page 1 of 1 153 (772) 567-5300 Item Unit Quantity Unit Cost Total Cost 1 Sewer Manhole 0-6' 3 EA $ 31804.00 $ 11 412.00 2 Sewer Manhole 6-8' 2 EA $ 31992.00 $ 7,984.00 3 8" PVC Pipe Cut 6-8' 1,010 LF $ 36.54 36,905.40 4 6" PVC Laterals 644 LF $ 14.00 $ 9 016.00 Subtotal Water Services Cost = $ 42,084.00 Subtotal Wastewater Services Cost = $ 65,317.40 TOTAL WATER, FIRE AND WASTEWATER SERVICES VALUE = $ 107,401.40 MAINTENANCE AMOUNT 25010 $ 26,850.35 P`�'' APPRO-V..80j'� SNC. TILITIES * d � 0117 Zo lCo o IWJ' . 970 Y:\rnm\Projects\2011\1163\ADMIMConstruction Files\Close-Out (Certs)\IRC\Utilities\Utility Itemized Materials List_16-0804.)dsx 1655 27th Street Ve o Beach, FL 32960 Page 1 of 1 153 (772) 567-5300 INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 31, 2016 SUBJECT: 2016/2017 STATE/COUNTY CONTRACT INDIAN RIVER COUNTY HEALTH DEPARTMENT FROM: Michael Smykowski l4 / Director, Management & Budget DESCRIPTIONS AND CONDITIONS CONSENT AGENDA 9-r The Indian River County Health Department has submitted their annual contract for approval by the Board of County Commissioners. The contract, required under Chapter 154, Florida Statutes, contains the full annual operating budget, revenues and expenditure program plan for the Health Department for 2016/2017. This contract provides for county funding of the Health Department. The direct contribution for fiscal year 2016/2017 totals $602,829 which is an increase of $41,582 over the current fiscal year. In addition, the County provides maintenance and operations for Health Department facilities. This is reflected as an in-kind contribution of $643,784 for a total County contribution of $1,246,613 FUNDING Funding for the Florida Department of Health contract is provided by the General Fund. The direct contribution is funded from account number 00110669-088190, and the in-kind contribution is provided in the Facilities Management budget in the General Fund. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the 2016/2017 contract. ATTACHMENTS August 31, 2016 Letter from County Health Department Administrator 2016/2017 State/County Contract APPROV GENDM: BY: JasoE. rown Coun dministrator FOR: September 13, 2016 Indian River County Avvwfj y pate Administrator qyllp Legal Budget Department Risk Management 154 Mission: Rick Scott To protect, promote & improve the health Governor of all people in Florida through integrated state, county & community efforts.Celeste Philip, MD, MPH HEALTH Surgeon General and Secretary Vision: To be the Healthiest State in the Nation FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY August 31 It, 2016 Jason Brown, Administrator Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 RE: 2016-2017 State/County Contract Dear Mr. Brown, Please find attached (3) originals of the 2016-17 State and County contract for the operations of the Indian River County Health Department for your review and formal approval by the Indian River County Board of Commissioners. The contract, required under F.S. 154, contains the full annual operating budget; revenues and expenditure program plan for our health department. The total amount of the contract including all revenue sources and in-kind sources is $11,717,327. The county appropriation of $602,829 (not including $76,392 human services funding) along with estimated building operational expenses of $643,784 are specified fiscal responsibilities of the Indian River County Board of Commissioners. As point of clarification, Indian River County Hospital District's appropriation is reflected under revenue object code -008020 Grants -County Tax Direct for $2,450,727 funding primary care, dental services, and Gifford Health Center. The basic expenditure plan forecasts anticipated number of clients, services, and dedicated staff to each area served by the health department. As always, a quarterly reports will be forwarded to your attention for review and a written explanation will be provided if the variance exceeds or falls below 25% of the planned expenditure amount for the contract year. Please feel free to call me at 794-7450 if you have any questions. We will be available to the Commission when the contract is presented. Sincerely, Miranda C. Hawker County Health Department Administrator Attachments Florida Department of Health wKntq in Indian River County 1900 271 Street, Vero Beach, FL 32960 PHONE: 772/794-7400 WEBSITE: http://indianhver.floddahealth.gov Accredited Health Department Public Health Accreditation Board FloridaHealth.gov "" 1 155 CONTRACT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE INDIAN RIVER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2016-2017 This contract is made and entered into between the State of Florida, Department of Health ("State") and the Indian River County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2016. RECITALS A. Pursuant to Chapter 154, Florida Statutes, the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Indian River County Health Department ("CHD") is one of the created County Health Departments. D. It is necessary for the parties hereto to enter into this contract in order to ensure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows. - 1 . ollows:1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this contract shall be effective from October 1, 2016, through September 30, 2017, or until a written contract replacing this contract is entered into between the parties, whichever is later, unless this contract is otherwise terminated pursuant to the termination provisions set forth in paragraph 8. below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to section 154.01(2), Florida Statutes, as defined below.- a. elow: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. 156 Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources is set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $2,874,970 (State General Revenue, State Funds, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $602,829 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this contract in the County Health 2 157 Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this contract during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Office of Budget and Revenue Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Office of Budget and Revenue Management. e. The name and address of the official payee to whom payments shall be made is: County Health Department Trust Fund Indian River County Health Department Accounts Receivable, 1900 27th Street Vero Beach, FL 32960-3383 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy Secretary for County Health Systems. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall ensure that non -categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 of each year (This is the standard quality assurance "County Health Profile" report located on the Division of Public Health Statistics and Performance Management Intranet site). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of County purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State -contract personnel subject to State personnel rules and procedures. Employees will report time in the Health Management System compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of County purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all County purchasing procedures must be followed in their entirety, and such 3 158 compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this contract. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with the Generally Accepted Accounting Principles (GAAP), as promulgated by the Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: The revenue and expenditure requirements in the Florida Accounting Information Resource (FLAIR) System; ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda,- iv. emoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Indian River County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the State or County, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by State and County based on the ratio of planned expenditures in this contract and funding from all sources is credited to the program accounts by State and County. The equity share of any surplus/deficit funds accruing to the State and County is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been 4 159 credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for County Health Systems has approved the transfer. The Deputy Secretary for County Health Systems shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this contract. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by County government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using County procedures pursuant to paragraph 6.b. 5 160 m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this contract. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the County that shall include at least the following: The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the County of service variances reflected in the year end DE3851_1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount for the contract year. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Office of Budget and Revenue Management. p. The dates for the submission of quarterly reports to the County shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: March 1, 2017 for the report period October 1, 2016 through December 31, 20161- ii. 016; ii. June 1, 2017 for the report period October 1, 2016 through March 31, 2017; iii. September 1, 2017 for the report period October 1, 2016 through June 30, 2017; and iv. December 1, 2017 for the report period October 1, 2016 through September 30, 2017. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the County shall own the facilities used by the CHD unless otherwise provided in Attachment IV. 6 161 b. The County shall ensure adequate fire and casualty insurance coverage for County - owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as County vehicles. The County shall ensure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This contract may be terminated by either party without cause upon no less than one -hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this contract become unavailable, either party may terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This contract may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this contract, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2017, it is agreed that the performance and payment under this contract are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this contract are as follows: For the State: Mayur Rao Name Business Manager For the County: Michael R Symkowski Name Budget Director 162 1900 2711 Street Vero Beach, FI., 32960-3383 Address 772-794-7464 Telephone 1801 27th Street Vero Beach FI., 32960-3383 Address 772-567-8000 Ext. 1214 Telephone If different contract managers are designated after execution of this contract, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this contract. c. Captions. The captions and headings contained in this contract are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. In WITNESS THEREOF, the parties hereto have caused this e_ fight page contract, with its attachments as referenced, including Attachment I (two pages), Attachment II (six pages), Attachment III (one pages), Attachment IV (one pages), and Attachment V (one page), to be executed by their undersigned officials as duly authorized effective the 1st day of October, 2016. BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY SIGNED BY: NAME: TITLE: DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: DATE: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REING0LD COUNTY ATTORNEY P, STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: NAME: Celeste Philip, MD MPH TITLE: Surgeon General and Secretary DATE: SIGNED BY: NAME: Miranda C. Hawker, MPH TITLE: CHID Administrator DATE: V304(, 163 levels as documented in Florida SHOTS and supported by CHD Guidebook policies and technical assistance guidance. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4' and DHP 50-21' HIV/AIDS Program Requirements as specified in F.S. 384.25 and F.A.C. 64D-3.030 and 64D-3.031. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form DH2139 and Pediatric HIV/AIDS Confidential Case Report CDC Form DH2140. Requirements as specified in F.A.C. 64D-2 and 64D-3, F.S. 381 and F.S. 384. Socio -demographic and risk data on persons tested for HIV in CHD clinics should be reported on Lab Request DH Form 1628 in accordance with the Forms Instruction Guide. Requirements for the HIV/AIDS Patient Care programs are found in the Patient Care Contract Administrative Guidelines. School Health Services Requirements as specified in the Florida School Health Administrative Guidelines (May 2012) Requirements as specified in F.S 381.0056, F.S. 381.0057, F.S. 402.3026 and F A.C. 64F-6. 10 Tuberculosis Tuberculosis Program Requirements as specified in F.A.C. 64D-3 and F S. 392. 11. General Communicable Disease Carry out surveillance for reportable communicable and other acute Control diseases, detect outbreaks, respond to individual cases of reportable diseases, investigate outbreaks, and carry out communication and quality assurance functions, as specified in F.A.C. 64D-3, F S. 381, F S 384 and the CHD Epidemiology Guide to Surveillance and Investigations. 12. Refugee Health Program Programmatic and financial requirements as specified by the program office. .or the subsequent replacement if adopted during the contract period. 165 Attachment -1 -Page 2 of 2 ATTACHMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT PART I. PLANNED USE OF COUNTY HEALTH DEPARTMENT TRUST FUND BALANCES 1. CHD Trust Fund Ending Balance 09/30/16 2. Drawdown for Contract Year October 1, 2016 to September 30, 2017 3. Special Capital Project use for Contract Year October 1, 2016 to September 30, 2017 4. Balance Reserved for Contingency Fund October 1, 2016 to September 30, 2017 Estimated State Estimated County Share of CHD Trust Share of CHD Trust Fund Balance Fund Balance Total 164,864 384,682 549,546 (11,422) (17,604) (29,026) 153,442 367,078 520,520 Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects, and mobile health vans. 0" Altachment_II_Part_I - Page 1 of 1 ON ON A' INDIAN RIVER D9PAIit'1 _`-- Part U, Sources of Contributions to County Health Department October 1, 2016 to September 30, 2017 1. GENERAL REVENUE - STATE 015040 AIDS PATIENT CARE 015040 CHD - TB COMMUNITY PROGRAM 015040 DENTAL SPECIAL INITIATIVE PROJECTS 015040 FAMILY PLANNING GENERAL REVENUE 015040 PRIMARY CARE PROGRAM 015040 SCHOOL HEALTH SERVICES - GENERAL REVENUE 015050 CHD GENERAL REVENUE NON -CATEGORICAL GENERAL REVENUE TOTAL 2. NON GENERAL REVENUE - STATE 015010 STATE UNDERGROUND PETROLEUM RESPONSE ACT 015010 ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM NON GENERAL REVENUE TOTAL 3. FEDERAL FUNDS - STATE 007000 RYAN )WHITE TITLE II ADAP DRUG REBATES 007000 AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ 007000 WIC BREASTFEEDING PEER COUNSELING PROG 007000 COASTAL BEACH WATER QUALITY MONITORING 007000 COMPREHENSIVE COMMUNITY CARDIO - PHBG 007000 FAMILY PLANNING TITLE X - GRANT 007000 IMMUNIZATION ACTION PLAN' 007000 MCH SPEC PRJ SOCIAL DETERMINANTS HLTH COMM EDU 007000 BASE COMMUNITY PREPAREDNESS CAPABILITY 007000 BASE PUB HLTH SURVEILLANCE & EPI INVESTIGATION 007000 AIDS PREVENTION 007000 RYAN WHITE TITLE 1I GRANT/CHD CONSORTIUM 007000 WIC PROGRAM ADMINISTRATION 015075 SUPPLEMENTAL SCHOOL HEALTH FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001020 CHD STATEWIDE ENVIRONMENTAL FEES 001092 CHD STATEWIDE ENVIRONMENTAL FEES 001206 ON SITE SEWAGE DISPOSAL PERMIT FEES 001206 SANITATION CERTIFICATES (FOOD INSPECTION) 001206 SEPTIC TANK RESEARCH SURCHARGE 001206 SEPTIC TANK VARIANCE FEES 50% 001206 PUBLIC SWIMMING POOL PERMIT FEES -10% HQ TRANSFER 001206 DRINKING WATER PROGRAM OPERATIONS 001206 REGULATION OF BODY PIERCING SALONS 001206 TANNING FACILITIES 001206 ONSITE SEWAGE TRAINING CENTER 001206 TATTO PROGRAM ENVIRONMENTAL HEALTH State CHD County Total CHD Trust Fund CHD Trust Fund Othe (cash) Trust Fund (cash) Contribution =fofal 100.000 0 100,000 0 100,000 31,938 0 31.938 0 31,938 5,806 0 5,806 0 5,806 38.250 0 38,250 0 38,250 183,226 0 183.226 0 183,226 136.867 0 136.867 0 136,867 1.274,666 0 1,274,666 0 1,274,666 1,770,753 0 1,770.753 0 1,770,753 2,381 0 2,381 0 2,381 9,569 0 9,569 0 9,569 11,950 0 11,950 0 11,950 7,279 0 7.279 0 7,279 35,000 0 35,000 0 35,000 42,250 0 42,250 0 42,260 13,611 0 13,611 0 13,611 35,000 0 35.000 0 35,000 67,333 0 67,333 0 67,333 14,880 0 14,880 0 14,880 25,574 0 25,574 0 25,574 91,990 0 91,990 0 91,990 78,852 0 78,852 0 78,852 56.405 0 56,405 0 56,405 60,000 0 60,000 0 60,000 427,602 0 427,602 0 427,602 150,068 0 150,068 0 150.068 1,105,844 0 1,105,844 0 1,105,844 126,834 0 126,834 0 126,834 301,763 0 301,763 0 301,763 19.623 0 19,623 0 19,623 2,161 0 2,161 0 2,161 4,934 0 4.934 0 4,934 240 0 240 0 240 264 0 264 0 264 459 0 459 0 459 72 0 72 0 72 192 0 192 0 192 42 0 42 0 42 773 0 773 0 773 AtteChment_II_Pwt_II - Page 1 J V ` ATTACHMENT H INDIAN RIVER COUNTY HEALTH DEPARTMENT JA Part II, Sources of Contributions to County Health ..Department October 1, 2016 to September 30, 8017Al State CHD County Totsl Trust Fund CHD Trust P Other ' (cash) Trust Fund z; Contribution 001206 MOBILE HOME & RV PARK FEES 1.623 0 1,623 0 FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 458.980 0 458,980 0 5. OTHER CASH CONTRIBUTIONS . STATE: 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH CONTRIBUTION TOTAL 6. MEDICAID . STATE/COUNTY: 001057 CHD CLINIC FEES 001148 CHD CLINIC FEES MEDICAID TOTAL 7. ALLOCABLE REVENUE . STATE: 001004 CHD STATEWIDE ENVIRONMENTAL FEES ALLOCABLE REVENUE TOTAL 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND . STATE ADAP PHARMACY DRUG PROGRAM WIC PROGRAM BUREAU OF PUBLIC HEALTH LABORATORIES IMMUNIZATIONS OTHER STATE CONTRIBUTIONS TOTAL 9. DIRECT LOCAL CONTRIBUTIONS - BCC/TAX DISTRICT 008005 HUMAN AND CHILDRENS SERVICES PROGRAM 008005 CHD FEDERAL & LOCAL INDIRECT EARNINGS 008020 CHD LOCAL REVENUE & EXPENDITURES 008040 CHD LOCAL REVENUE & EXPENDITURES DIRECT COUNTY CONTRIBUTIONS TOTAL 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001025 CHD CLINIC FEES 001077 CHD CLINIC FEES 001094 CHD LOCAL ENVIRONMENTAL FEES 001110 VITAL STATISTICS CERTIFIED RECORDS FEES AUTHORIZED BY COUNTY TOTAL 11. OTHER CASH AND LOCAL CONTRIBUTIONS . COUNTY 001029 CHD CLINIC FEES 001090 CHD CLINIC FEES 005000 CHD LOCAL REVENUE & EXPENDITURES 010300 DEP AGRMT INVENTORY ONSITE SEWAGE TREAT/DISP SYS 010400 CHD SALE OF SERVICES IN OR OUTSIDE OF STATE GOVT 011000 REVENUE CONTRACT/MOA W/NO REPORTING REQUIREMENT 71 Tats! . 1.623 458.980 0 0 0 0 0 11.422 0 11,422 0 11.422 11,422 0 11.422 0 11,422 0 220,690 220,690 0 220.690 0 833,030 833,030 0 833,030 0 1.053.720 1,053,720 0 1.053.720 1,817 0 1.817 0 1.817 1.817 0 1,817 0 1.817 0 0 0 174,958 174.958 0 0 0 15,553 15,553 0 0 0 1.901,087 1.901,087 0 0 0 21,632 21,632 0 0 0 448,132 448.132 0 0 0 2,561,362 2.561,362 0 64,946 64.946 0 64.946 0 11,446 11,446 0 11.446 0 2.450.727 2.450,727 0 2.450,727 0 602,829 602,829 0 602.829 0 3.129.948 3.129,948 0 3,129,948 0 5,071 5,071 0 5,071 0 303,462 303,462 0 303,462 0 91.141 91,141 0 91,141 0 207,866 207,866 0 207,866 0 607.540 607.540 0 607,540 0 129,921 129.921 0 129,921 0 41.935 41.935 0 41,935 0 11,644 11,544 0 11,544 0 111,568 111.568 0 111.568 0 1,568 1,568 0 1,568 0 15.040 15,040 0 15.0401 L O Lo Attachmmt_II_Par1_II - Paye 2 of 3 ATTACHMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT Part II, Sources of Contributions to County Health Department October 1, 2016 to September 30, 2017 State CHD County Total CHD Trust Fund CHD Trust Fund Othe (cash) Trust Fut (cash) Contrihi 'oral 011000 ST JOHNS RIVER WATER MANAGEMENT DISTRICT 0 26,707 26,707 0 26,707 011001 CHD HEALTHY START COALITION CONTRACT 0 2,503 2,503 0 2.503 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 17,604 17,604 0 17,604 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 358,390 358,390 0 358,390 12. ALLOCABLE REVENUE - COUNTY 001004 CHD STATEWIDE ENVIRONMENTAL FEES 0 1,817 1,817 0 1,817 COUNTY ALLOCABLE REVENUE TOTAL 0 1,817 1,817 0 1,817 13. BUILDINGS - COUNTY ANNUAL RENTAL EQUIVALENT VALUE 0 0 0 329,005 329,005 OTHER (Specify) 0 0 0 0 0 UTILITIES 0 0 0 181,645 181.645 BUILDING MAINTENANCE 0 0 0 133,134 133,134 GROUNDS MAINTENANCE 0 0 0 0 0 INSURANCE 0 0 0 0 0 OTHER (Specify) 0 0 0 0 0 OTHER (Specify) 0 0 0 0 0 BUILDINGS TOTAL 0 0 0 643,784 643,784 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY EQUIPMENT / VEHICLE PURCHASES 0 0 0 0 0 VEHICLE INSURANCE 0 0 0 0 0 VEHICLE MAINTENANCE 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 0 0 0 0 GRAND TOTAL CHD PROGRAM 3,360,766 5.151,415 8,512,181 3,205.146 11.717,327 Attachment -11 -Pan -11 - Pape 3 OA69 ATTACHMENT Il INDIAN RIVER COUNTY IiEALTH DEPARTMENT Part Ill, Planned Staffing, Clients, Services and Expenditures By Program Service Area Within Each Level of Service October 1, 2016 to September $0, 2017 Quarterly Expenditure Plan FTE's Clients Services/ lot 2nd 3rd 4th (0.00) Knits Visits 4W (Whore ouly) State County Total A. COMMUNICABLE DISEASE CONTROL: IMMUNIZATION (101) 4.46 3.207 4,356 83,928 97,891 83,928 97,891 201,746 161,892 363,638 SEXUALLY TRANS. DIS. (102) 492 1,156 1,529 70.572 82,313 70.572 82,313 119,622 186.148 305,770 HIV/AIDS PREVENTION (03AD 170 14 210 25,109 29,287 25.109 29,286 108.754 37 108,791 HIV/AIDS SURVEILLANCE (03A2) 0.00 0 0 22 26 22 27 97 0 97 HIV/AIDS PATIENT CARE (03A3) 2.52 454 983 51.881 60,513 51,881 60,512 168,124 56,663 224,787 ADAP (03A4) 0.48 864 160 7,483 8,727 7,483 8.727 32.411 9 32,420 TUBERCULOSIS (104) 2.22 454 730 32,046 37,378 32.046 37,379 130.259 8.590 138,849 COMM. DIS. SURV. (106) 219 0 997 35.450 41.348 35,450 41,347 153.595 0 153.595 HEPATITIS 009) 000 0 0 0 0 0 0 0 0 0 PREPAREDNESS AND RESPONSE (116) 1.83 0 123 36,600 42,690 36,600 42,690 158.580 0 158,580 REFUGEE HEALTH (118) 0.00 0 0 0 0 0 0 0 0 0 VITAL RECORDS (180) 1.14 6.100 18,743 15,297 17,843 15,297 17,843 0 66,280 66,280 COMMUNICABLE DISEASE SUBTOTAL 21.46 12.249 27,831 358.388 418,016 358.388 418.015 1,073.188 479,619 1.552,807 B. PRIMARY CARE: CHRONIC DISEASE PREVENTION PRO (210) 075 2.143 378 13,048 15,218 13,048 15,218 47,939 8,593 56,532 WIC (21W1) 8.01 4,154 23,714 110,072 128,386 110,072 128,385 476,915 0 476,915 TOBACCO USE IATERVEA'TION (212) 0.00 0 0 0 0 0 0 0 0 0 WIC BREASTFEEDING PEER COUNSELING (21W2) 100 0 2,695 11,273 13.149 11,273 13,148 48,843 0 48,843 FAMILY PLANNING (223) 9.16 1.602 2.700 131,210 153.040 131,210 153,041 125.773 442,728 568,501 IMPROVED PREGNANCY OUTCOME (225) 0.00 0 0 0 0 0 0 0 0 0 HEALTHY START PRENATAL (227) 0.14 45 126 1,506 1.756 1,506 1,756 0 6,524 6.524 COMPREHENSIVE CHILD HEALTH (229) 14.91 2.530 6,274 244,665 285.372 244,665 285,372 0 1,060,074 1.060,074 HEALTHY START CHILD (231) 002 1 4 214 250 214 250 0 928 928 SCHOOL HEALTH (234) 5.83 0 30,710 67,321 97.615 84,151 87,518 336,605 0 336,605 COMPREHENSIVE ADULT HEALTH (237) 32.29 4,127 11,308 560,806 654,112 560,806 654,112 194,647 2.235,189 2,429,836 COMMUNITY HEALTH DEVELOPMENT (238) 119 0 1,329 21,382 24.939 21,382 24.939 92.642 0 92.642 DENTAL HEALTH (240) 13.81 3.570 7,071 213.694 249,248 213,694 249,247 375,104 550,779 925.883 PRIMARY CARE SUBTOTAL 87.11 18,172 86,309 1,375,191 1,623,085 1,392,021 L612,986 1.698.468 4,304,815 6,003,283 C. ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programa COSTAL BEACH MONITORING (347) 015 123 123 4,867 6,637 4,646 5,974 22.071 53 22 124 LIMITED USE PUBLIC WATER SYSTEMS (357) 035 37 531 5.715 6,665 5,715 6,665 12,931 11,829 24,760 PUBLIC WATER SYSTEM (358) 0.06 2 123 914 1,066 914 1,065 794 3,165 3,959 PRIVATE WATER SYSTEM (359) 121 45 1,651 15.365 20,217 22,643 22,643 15,872 64,996 80.868 ONSITE SEWAGE TREATMENT & DISPOSAL (361) 5.45 1.358 6,524 85,495 98,319 132,518 111,144 306,897 120,579 427,476 Group Total 7.22 1.565 8.952 112,356 132.904 166,436 147,491 358,565 200,622 559.187 Facility Programa TATTOO FACILITY SERVICES (344) 0.08 0 37 939 1.712 1.270 1.601 5.497 25 5,522 FOOD HYGIENE (348) 074 103 510 12,158 14.181 12.158 14,181 52.405 273 52.678 � O AaadvnM 11 rt PaIII - Pape 1 d 2 Groundwater Contamination STORAGE TANK COMPLIANCE SERVICES (355) SUPER ACT SERVICES (356) Group Total Community Hygiene COMMUNITY ENVIR. HEALTH (345) INJURY PREVENTION (346) LEAD MONITORING SERVICES (350) PUBLIC SEWAGE (362) SOLID WASTE DISPOSAL SERVICE (363) SANITARY NUISANCE (365) RABIES SURVEILLANCE (366) ARBORVIRUS SURVEIL. (367) RODENT/ARTHROPOD CONTROL (368) WATER POLLUTION (370) INDOOR AIR (371) RADIOLOGICAL HEALTH (372) TOXIC SUBSTANCES (373) Group Total ENVIRONMENTAL HEALTH SUBTOTAL D. NONOPERATIONAL COSTS: NONOPERATIONAL COSTS (599) ENVIRONMENTAL HEALTH SURCHARGE (399) MEDICAID BUYBACK (611) NON -OPERATIONAL COSTS SUBTOTAL TOTAL CONTRACT County Total 6 1,153 13.736 16.739 15 2.997 7.633 7,651 99 14,219 955 53,650 121 24,997 16 3,030 22,879 182,636 0.00 0 ATTACHMENT II 23 27 23 INDIAN RIVER COUNTY HEALTH DEPARTMEN r 100 0 Part III, Planned Staffing. Clients, Services and Expenditures By Program Service Area Within Each Level of Service 005 13 October I, 2016 to September 30, 2017 212 727 485 1,607 Quarterly Expenditure Plan 16 3,031 e M's Clients Services/ lot 2nd 8rd 4th 754 508 (0.00) Units Visits & % dollars only) tea_ 16 State BODY PIERCING FACILITIES SERVICES (349) 0.01 2 4 29 553 2,208 2.575 2,208 2,576 496 75 1,147 GROUP CARE FACILITY (351) 023 59 203 2,511 4,017 3,180 7.031 3,003 MIGRANT LABOR CAMP (352) 0.03 2 15 1.259 480 839 419 2.982 HOUSING & PUB BLDG. (353) 0.10 1 23 2,448 1.913 689 2,601 18 MOBILE HOME AND PARK (354) 019 52 149 3,697 6,256 1.848 2.418 14,120 POOLSBATHING PLACES (360) 075 291 943 15,022 8,584 17,168 12.876 52.695 BIOMEDICAL WASTE SERVICES (364) 039 258 233 5.499 9.999 2,750 6,749 24,876 TANNING FACILITY SERVICES (369) 005 9 20 394 1.212 39 46 39 46 91 1.333 3,014 Group Total 257 777 2,137 43,956 48.907 40,489 49.284 159,757 Groundwater Contamination STORAGE TANK COMPLIANCE SERVICES (355) SUPER ACT SERVICES (356) Group Total Community Hygiene COMMUNITY ENVIR. HEALTH (345) INJURY PREVENTION (346) LEAD MONITORING SERVICES (350) PUBLIC SEWAGE (362) SOLID WASTE DISPOSAL SERVICE (363) SANITARY NUISANCE (365) RABIES SURVEILLANCE (366) ARBORVIRUS SURVEIL. (367) RODENT/ARTHROPOD CONTROL (368) WATER POLLUTION (370) INDOOR AIR (371) RADIOLOGICAL HEALTH (372) TOXIC SUBSTANCES (373) Group Total ENVIRONMENTAL HEALTH SUBTOTAL D. NONOPERATIONAL COSTS: NONOPERATIONAL COSTS (599) ENVIRONMENTAL HEALTH SURCHARGE (399) MEDICAID BUYBACK (611) NON -OPERATIONAL COSTS SUBTOTAL TOTAL CONTRACT County Total 6 1,153 13.736 16.739 15 2.997 7.633 7,651 99 14,219 955 53,650 121 24,997 16 3,030 22,879 182,636 0.00 0 0 23 27 23 27 100 0 100 005 13 23 212 727 485 1,607 3,015 16 3,031 0.05 13 23 235 754 508 1,634 3.115 16 3.131 0.11 0 233 2,208 2.575 2,208 2,576 9.524 43 9.567 0.00 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0.13 1.054 80 1.816 2.119 1,816 2,119 8 7.862 7.870 0.00 0 0 39 46 39 46 0 170 170 0.16 30 9 2.730 2,503 1.707 4,437 3,527 7,850 11,377 0.27 1 122 4,645 5.418 4,645 5.418 44 20,082 20.126 0.01 0 1 377 440 377 441 540 1,095 1.635 0.00 0 0 91 107 91 107 131 265 396 0.27 0 199 4.646 8.313 4.646 6.846 41 24,410 24,451 0.11 0 37 1.324 3,266 2,207 2,031 20 8.808 8,828 0.00 0 0 9 11 9 12 0 41 41 0.17 27 41 2,657 3.099 2,657 3,100 3.455 8.058 11,513 1.23 1,112 722 20.542 27.897 20,402 27.133 17.290 78.684 95,974 1107 3,467 11,834 177.089 210,462 227,835 225.542 538.727 302,201 840.928 1.00 0 0 14,951 17.439 14,951 17.439 0 64,780 64.780 000 0 0 6,684 6,380 9,115 8.204 30,383 0 30,383 0.00 0 0 5,000 5.000 5,000 5.000 20,000 0 20,000 1.00 0 0 26.635 28,819 29,066 30.643 50,383 64,780 115.163 120.64 33.888 125,974 1,937.303 2,280.382 2.007.310 2.287.186 3,360,766 5.151.415 8,512,181 171 Anschment_II Part_III - Pape 2 of 2 ATTACHMENT 111 INDIAN RIVER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. Attachment_III - Page 1 of 1 172 Attachment IV Fiscal Year - 2016 - 2017 Indian River County Health Department Facilities Utilized by the County Health Department Complete Location (Street Address, City, Zip) Facility Description And Offical Building Name (if applicable) (Admin, Clinic, Envn Hith. etc ) Lease/ Agreement Number Type of Agreement (Private Lease thru State or County, other - please define) Complete Legal Name of Owner SQ Feet Employee Count (FTE/OPS/ Contract) 1900 27th Street, Vero Beach, Florida, 32960-3383 Administration, HR, Clinic, Vital Statistics, Envn Health, WIC N/A County Owned Board of County Commissioners for Indian River Count) 36,475 131.8 4675 28th Court, Vero Beach Florida, 32967-1330 Clinic N/A Indian River County Hospital District Indian River Coun Hospital District 10,642 15 Facility - a fixed site managed by DOH/CHD personnel for the purpose of providing or supporting public health services. Includes county -owned, state-owned, and leased facilites. Includes DOH/CHD warehouse and administrative sites. Includes facilities managed by DOH/CHD that may be shared with other organizations. ,r Does not include schools, jails or other facilities where DOH/CHD staff are out -posted or sites where services are provided on an episodic basis. Attachment_IV - Page I of t w CONTRACT YEAR 2015-2016" 2016-2017" 2017-2018- 2018-2019— PROJECT 017-2018-2018-2019"`"PROJECT TOTAL PROJECT NUMBER: PROJECT NAME: LOCATION/ADDRESS: ATTACHMENT V INDIAN RIVER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN CASH RESERVED OR ANTICIPATED TO BE RESERVED FOR PROJECTS STATE COUNTY $ 0 $ $ 0 $ $ 0 $ $ 0 $ $ 0 $ SPECIAL PROJECTS CONSTRUCTION/RENOVATION PLAN PROJECT TYPE: NEW BUILDING RENOVATION NEW ADDITION SQUARE FOOTAGE. 0 PROJECT SUMMARY: Describe scope of work in reasonable detail. Cash balance as of 9/30/16 Cash to be transferred to FCO account — Cash anticipated for future contract years. N/A ROOFING PLANNING STUDY OTHER TOTAL 0 $ 0 0 $ 0 0 $ 0 0 $ 0 Attachment_V - Page 1 of 1 174 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne BoyllA-v+ Human Resources Director DATE: September 6, 2016 SUBJECT: Approval to Reimburse CanaRx for Optional International Pharmacy Benefit Provided to Group Medical Insurance Plan Members BACKGROUND: The County is self-insured in its Group Medical Insurance Program and on June 14, 2016 the Board of County Commissioners approved recommended adjustments to the County's Health Insurance Program to manage the increasing cost for health care. One of the proposed adjustments was to evaluate an alternative prescription option using International Pharmacy Providers (IPP). Through our benefits consultant Gehring Group, the IPP service offered to plan members through CanaRx was determined to be a value added benefit for members as well as providing a cost savings to the insurance fund. Members who choose to obtain brand name prescriptions through CanaRx, will enter into an agreement with CanaRx and CanaRx will act as an agent for the member to facilitate the filling of the prescription through an IPP at the member's request. Members using CanaRx will have zero copayment for the prescription. CanaRx will send an invoice to the County each month for prescriptions that have been filled and the Count}, will reimburse CanaRx for the cost of the prescriptions to include a shipping and handling fee. Invoices will be reviewed by Gehring Group for appropriateness and cost savings. Gehring Group will provide the County with cost savings analysis on a regular basis to determine the effectiveness of this optional program. The County can choose to cease offering this optional prescription benefit to members and provide 30 days' notice to CanaRx. ANALYSIS: While the actual savings for this program are unknown at this time, references from Flagler County and Highlands County indicate they have seen a substantial reduction in prescription costs when employees fill prescriptions through CanaRx. They have indicated that members who use the IPP program through CanaRx are very satisfied. RECOMMENDATION: Staff recommends that the Board approve the reimbursement to CanaRx for prescriptions that have been filled under this IPP program. ATTACHMENTS: None 175 APPROVED AGENDA ITEM Jason Browfi, County Administrator FOR: September -13, 2016 Approval�. MEMO -� 176 Indian River County, Florida Memorandum TO: Jason Brown, County Administrator THROUGH: Michael Smykowd, irector, OMB FROM: Beth Martin, Risk Manager DATE: August 29, 2016 SUBJECT: Third Party Claims Administration Agreement It is requested that the Board of County Commissioners consider the following Consent Agenda item at their September 13, 2016 regular meeting. Background In February, 2005 the Board entered into an agreement with Johns Eastern Company, Inc. (JECO) to provide third party claims administration services for the self-insurance program, and renewed the agreement in 2009 for a period to conclude on September 30, 2016. On August 16, 2016, the Board authorized staff to negotiate a mutually beneficial renewal of this agreement, and with the assistance of Siver Insurance Consultants (Siver), that has been completed and is now presented for Board consideration and approval. Analysis In May 2016, Siver performed a comprehensive review of JECO's work on the County's behalf, and recommended renewal of the agreement. Attached is a copy of their recommendation and the agreement is now recommended by Siver and staff. The agreement provides a three-year renewal period with costs of $200,000.00 for the first year, and two (2) annual subsequent renewals of $206,000.00 and $212,180.00. Funding is to be available in the self-insurance fund, Account 50224619-033190. Recommendation Staff recommends approval and authorization for the Chairman to execute this agreement. APP OVE AGENDA: Jaso Br wn, County Administrator Sept r 13, 2016 Indian River CountyDate Administration y �b Legal Budget ; Risk Management Department 177 Insurance Consullants SWER 805 Executive Center Dr W, Ste 110 St. Petersburg, Florida 33702 Post Office Box 21343 St. Petersburg, Florida 33742-1343 Telephone: (727) 577-2780 Fax: (727) 579-8692 Email: kgordon@siver.com August 29, 2016 Ms. Beth Martin Risk Manager Indian River County Board of County Commissioners 1800 27`h Street Vero Beach, FL 32960 Subject: Recommendation — JECO Agreement Renewal Dear Ms. Martin: SENT VIA EMAIL Siver Insurance Consultants (Siver) is pleased to provide Indian River County (the County) with our recommendation regarding the September 30, 2016 expiration of the Agreement between the County and Johns Eastern Company (JECO) for workers' compensation and third party liability claims management services. BACKGROUND In May 2016, Siver concluded a claims review of the services provided by JECO to the County. Our review encompassed general administration services, 51 workers' compensation claims and 25 third party liability claims. We found JECO's performance to reflect high quality claims administration. We noted areas where we believe improvement could be achieved, such as claim file documentation and enhanced supervisor oversight. In addition, we also recommended significant changes to the terms and conditions of the County's service agreement with JECO, including the following: 178 SIVER INSURANCE CONSULTANTS Ms. Beth Martin August 29, 2016 Page 2 • Amending fees to be annual, flat fees; • Include detailed scope of services; and • Include detailed performance standards. We have provided JECO with an agreement effective October 1, 2017 which meets these criteria. JECO has agreed to the terms of this agreement. The JECO fees have been variable. Historically, fees have been: 2015/2016 $181,064 (annualized, as of 4/30/16) 2014/2015 $251,320 2013/2014 $204,558 It is our understanding that JECO has been the claims administrator for the County since approximately 2005. RECOMMENDATION We recommend that the County continue their relationship with JECO. Our recommendation to negotiate, and not do a Request for Proposals (RFP) for these services, is based upon the following factors: • JECO has agreed to annual flat fees of $200,000 for the 2016/2017 annual term and a 3% annual increase for the subsequent two years. In our opinion, these fees are reasonable. • JECO has agreed to Agreement terms with include annual flat fees, a detailed scope of services and detailed performance standards. • Based upon our recent claims review process, in our opinion, JECO is currently providing good quality claims administration services. • Members of the JECO staff (adjusters, supervisors and management) who handle the County's claims, have been working with the County for many years. This knowledge of past events is valuable and is lost with a new administrator. • If a new administrator were selected, when data is transferred from the current JECO system to a new administrator's system, some data is lost and or corrupted. 179 Ms. Beth Martin August 29, 2016 Page 3 SIVER INSURANCE CONSULTANTS CLOSING We appreciate the opportunity to provide the County with our opinion. If you have any questions or need any additional information, please let us know. Respectfully, SIVER INSURANCE CONSULTANTS Kathy Gordon, ARM, AAI Vice President J:\C1ient\IRC2P\2016\corc\August 29 Ltr Martin Renewal.doc 180 AGREEMENT between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS and JOHNS EASTERN COMPANY, INC. for THIRD PARTY ADMINISTRATION (TPA) SERVICES FOR THE SELF FUNDED WORKERS' COMPENSATION AND LIABILITY PROGRAM THIS AGREEMENT, made and entered into by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida (hereinafter, "IRC''), and JOHNS EASTERN COMPANY, INC. (hereinafter, "TPA"). WHEREAS, IRC has undertaken to self -insure its Workers' Compensation and Third Party Liability program in accordance with applicable Florida statutes and regulations; and WHEREAS, TPA is engaged in the administration and supervision of Workers' Compensation and Third Party Liability programs for self-insured entities; and WHEREAS, TPA desires to provide and IRC desires to receive Workers' Compensation and Third Party Liability Claims Administration Services as described under the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of mutual covenants and conditions set forth herein, the parties agree as follows: ARTICLE 1— RECITALS 1.1 Recitals. The Parties agree that the foregoing recitals are true and correct and that such recitals are incorporated herein by reference. ARTICLE 2 — TERM OF AGREEMENT 2.1 Term of Agreement. This Agreement is effective as of 12:01 a.m., October 1, 2016 and will continue until 12:01 a.m., October 1, 2019. The term of the Agreement may, by mutual agreement by IRC and TPA, be extended for up to two additional one-year periods. ARTICLE 3 — COMPENSATION OF TPA October 1, 2016 — October 1, 2017 $200,000.00 October 1, 2017 — October 1, 2018 $206,000.00 October 1, 2018 — October 1, 2019 $212,180.00 Page l 181 The above noted TPA compensation will be the only compensation for services. Attachment D lists acceptable Allocated Claims Expenses. IRC agrees to pay compensation to the TPA in quarterly installments. ARTICLE 4 — GENERAL CONDITIONS 4.1 Claims and Organizations Included. In addition to IRC, and as agreed to by the Parties, services are to be provided for any affiliated or subsidiary board, authority, committee, independent agency or other organization (including newly constituted) provided that such affiliated or subsidiary board, authority, committee, independent agency or other organization is either a body politic created by IRC or one in which controlling interest or membership therein is vested in IRC. 4.2 No Other TPA Compensation For Services Related to Agreement. 4.2.1 TPA agrees that, except to the extent, if any, specifically authorized under this Agreement, neither TPA, nor any parent, subsidiary, or affiliate of TPA, shall accept any rebates, overrides, administrative fees, or any other compensation of any nature from anyone, including from any subcontractors used by TPA to provide such services, other than the compensation received by TPA from IRC related to the services provided by, or on behalf of, TPA under this Agreement. 4.2.2 In the event TPA, or any parent, subsidiary, or affiliate of TPA, does receive any such compensation related to the services provided by, or on behalf of, TPA under this Agreement from anyone other than IRC, TPA shall promptly disclose the receipt of any such compensation to IRC and shall refund any such amounts received to IRC within thirty (30) days of the receipt by TPA. 4.2.3 In the event TPA, or any parent, subsidiary, or affiliate of TPA, is entitled to any such compensation related to the services provided by, or on behalf of, TPA under this Agreement from anyone other than IRC, TPA shall promptly disclose the entitlement to any such compensation to IRC and shall promptly assign the entitlement to any such compensation to IRC. 4.3 Notice of Change in Compensation. TPA may not effect any increase of rates or other consideration applicable to this Agreement prior to: 4.3.1 At least one hundred and twenty (120) days after receipt by IRC of valid written notice from TPA, stating specifically the amount of change proposed. Mere notice that a change in rates or consideration is proposed, without stating clearly the exact amount, and the effect of the proposed change on the overall consideration of this contract, shall not constitute a valid notice. The written notice of any change in rates or other change Page 2 182 in consideration shall be delivered by certified mail to: Risk Manager Indian River County BOCC 1800 271i Street Vero Beach, FL 32960 4.4 Notice of Termination or Adverse Change. 4.4.1 Notice by TPA. TPA shall at give valid written notice to IRC at least one hundred and twenty (120) days prior to cancellation, non -renewal, or restriction of TPA's obligations under this Agreement. The written notice of cancellation, non -renewal, or restriction of TPA's obligations under this Agreement shall be delivered by certified mail to: Risk Manager Indian River County BOCC 1800 271i Street Vero Beach, FL 32960 4.4.2 Notice by IRC. This Agreement may be canceled at any time at the request of IRC by giving prior written notice of 90 days to TPA. 4.4.3 Basis of Termination. In the event of termination of this Agreement for whatever reason, the earned fees shall be computed on a pro rata basis without penalty and TPA shall refund to IRC the excess of paid fees or other consideration that were received by TPA within thirty (30) days from the date of termination. 4.5 Agreement — Document Priority. In the event of a conflict among the following documents, the order of priority shall be as follows: (l) This Agreement (2) Documentation regarding negotiations for this Agreement 4.6 Hold Harmless/Indemnification. TPA shall indemnify, hold harmless and defend IRC, its members, officials, officers or employees from any and all claims, judgments, costs, and expenses including, but not limited to, reasonable attorney's fees. reasonable investigative and discovery costs, court costs and all other sums which IRC, its members, officials, officers or employees may pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of the products, goods or services furnished by TPA, its agents, servants or employees; the equipment of TPA, its agents, servants or employees while such equipment is on premises owned or controlled by IRC; or the negligence or other culpability of TPA or the negligence or other culpability of TPA's agents when acting within the scope of their employment, whether such claims, judgments, costs and expenses be for damages, damage to property including IRC's property, and injury or death of any person whether Page 3 183 employed by TPA, IRC or otherwise. TPA's obligation to hold harmless and defend an indemnitee with respect a claim, judgment, cost, or expense resulting from bodily injury, personal injury, or damage to tangible property, caused in whole or in part by TPA, its agents, servants or employees, shall apply whether or not the claim, judgment, cost, or expense is due to or caused in part by the negligence or other culpability of the indemnitee, excluding only the sole negligence or other sole culpability of the indemnitee. Except with respect to a claim, judgment, cost, or expense resulting from bodily injury, personal injury, or damage to tangible property, caused in whole or in part by TPA, its agents, servants or employees, TPA shall indemnify, hold harmless and defend an indemnitee to the extent the claim, judgment, cost, or expense results from the negligence or other culpability of TPA, its agents, servants or employees. Any remedy provided to an indemnitee by this Section shall be in addition to and not in lieu of any other remedy available to the indemnitee under this Agreement or otherwise. This section will survive the termination of this Agreement regardless of the cause giving rise to such termination. IRC agrees to indemnify, defend and hold TPA harmless to the extent allowed by Section 768.28 of Florida Statutes for any action resulting from TPA acting at the direction of IRC. 4.7 TPA Insurance Reguirements. Prior to commencement of services under this Agreement, TPA shall obtain and maintain without interruption until completion of all services required under this Agreement, the insurance as outlined below. TPA agrees to furnish a fully completed certificate of insurance naming IRC and its members, officers, employees, and agents as additional insured on the General Liability insurance, signed by an authorized representative of the insurer providing such insurance coverages. The insurance coverages and limits shall meet, at a minimum, the following requirements: 4.7.1 Workers' Compensation/Employer's Liability Insurance. Such insurance shall be no more restrictive than that provided by the Standard Workers' Compensation Policy, as filed for use in Florida by the National Board on Compensation Insurance, without restrictive endorsements. The minimum amount of coverage (inclusive of any amount provided by an umbrella or excess policy) shall be: Part One: "Statutory" Part Two: $ 1,000,000 Each Accident $ 1,000,000 Disease - Policy Limit $ 1,000,000 Disease - Each Employee 4.7.2 General Liability Insurance. Such insurance shall be no more restrictive than that provided by the most recent version of standard Commercial General Liability Form (ISO Page 4 184 Form CG 00 01) as filed for use in the State of Florida without any restrictive endorsements other than those required by ISO or the State of Florida those described below. The coverage may include restrictive endorsements which exclude coverage for liability arising out of: • Mold, fungus, or bacteria • Terrorism • Sexual Molestation The minimum limits (inclusive of amounts provided by an umbrella or excess policy) shall be: $ 2,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 1,000,000 Personal and Advertising Injury $ 1,000,000 Each Occurrence IRC and its members, officers, employees, and agents shall be included as an additional insured on a form no more restrictive than the most recent version of ISO Form CG 20 10 (Additional Insured - Owners, Lessees, or Contractors). 4.7.3 Automobile Liability Insurance. Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the most recent version of standard Business Auto Policy (ISO Form CA 00 01) without any restrictive endorsements, including coverage for liability contractually assumed, and shall cover all owned, non -owned, and hired autos used in connection with the performance of the Agreement. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: $ 1,000,000 Each Occurrence - Bodily Injury and Property Damage Combined 4.7.4 Professional Liability Insurance. Such insurance shall be on a form acceptable to IRC and shall cover TPA for those sources of liability arising out of the rendering or failure to render professional services in the performance of the services required in the Agreement including any hold harmless and/or indemnification agreement. Coverage must either be on an occurrence basis; or, if on a claims -made basis, the coverage must respond to all claims reported within three years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: $ 3,000,000 Each Claim/Annual Aggregate 4.7.5 Employee Dishonest- y (Fidelih,). Such insurance shall be no more restrictive than that provided by the most recent version of standard Commercial Crime Coverage Form (ISO Page 5 185 CR 00 2 l ) without restrictive endorsements or on a form acceptable to IRC and shall cover TPA and IRC against loss caused by the dishonesty of employees of TPA in connection with the Agreement. Coverage will include Employee Theft, Forgery and Alteration, Computer Fraud, and Funds Transfer Fraud. The minimum limits shall be: $2,000,000 Each Occurrence 4.7.6 Cyber Liability and Data Storage. Such insurance shall be on a form acceptable to IRC and shall cover, at a minimum, the following: • Data Loss and System Damage Liability • Security Liability • Privacy Liability • Privacy/Security Breach Response Coverage, including Notification Expenses Such Cyber Liability coverage must be provided on an Occurrence Form or, if on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims -made coverage must respond to all claims reported within three years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. The Cyber Liability coverage may be included as part of the Professional Liability coverage required above. The minimum limits shall be: $1,000,000 Per Claim and Aggregate 4.7.7 TPA's Insurance Primary and Non -Contributory. The insurance provided by TPA shall apply on a primary basis to, and shall not require contribution from, any other insurance or self-insurance maintained by IRC or its members, officers, employees, and agents. Any insurance, or self-insurance, maintained by IRC shall be excess of, and shall not contribute with, the insurance provided by TPA. 4.7.8 TPA's Insurance as Additional Remedy. Compliance with these insurance requirements shall not limit the liability of TPA. Any remedy provided to IRC by the insurance provided by TPA shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of TPA) available to IRC under this Agreement or otherwise. 4.7.9 No Waiver by IRC Approval/Disapproval. Neither approval nor failure to disapprove insurance furnished by TPA shall relieve TPA from responsibility to provide insurance as required by this Agreement. Page 6 186 4.8 Compliance with Laws, Rules and Regulations. TPA is responsible for full and complete compliance with all laws, rules, and regulations, including those of the Florida Department of Financial Services, which may be applicable to it. Failure or inability on the part of TPA to comply with such laws, rules, and regulations (including failure to obtain Department of Financial Services approval) shall not relieve TPA from its obligation to perform completely in accordance with this Agreement. 4.9 Default. In the event of default, which may include, but is not limited to non-performance and/or poor performance of this Agreement, TPA shall lose eligibility to transact new business with IRC for a period of 14 months from date of termination of this Agreement by IRC. 4.10 Public Records. IRC is a public agency subject to Chapter 119, Florida Statutes. TPA shall comply with Florida's Public Records Law. Specifically, TPA shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by IRC in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that IRC would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to IRC all public records in possession of TPA upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to IRC in a format that is compatible with the information technology systems of TPA. Failure of TPA to comply with these requirements shall be a material breach of this Agreement. Each Party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each Party shall be responsible for compliance with any public documents request served upon it pursuant to Section l 19.07, Florida Statutes, and any resultant award of attorneys' fees attributable to the party s non- compliance with that law. This section will survive the termination of this Agreement regardless of the cause giving rise to such termination. 4.11 Access to Claim Files. TPA shall provide IRC real-time, electronic, internet-based access to all claim files, including all adjuster notes, supervisory notes, field case management notes, diary items, payment records, medical bills and expense bills. The TPA will provide IRC with all needed access to intemet based information system, except that if access is desired for other than IRC employees or defense counsel, it will be granted based upon mutual agreement of TPA and IRC. 4.12 Ownership of Claim Files. IRC shall have all right, title, interest, and ownership to all loss Page 7 187 statistics and claim files created as a result of the services provided, or to be provided, by TPA under this Agreement. Further, at the sole option of the IRC, and upon ten (10) days written notice, TPA, at TPA's sole expense, shall return such files to the IRC. At the termination of this Agreement, at the sole expense of TPA, TPA shall provide IRC with computer tapes or other computer media containing all of the claim data. Such data shall be made available in a format generally importable into a commonly recognized database for claims administration services. 4.13 Audit of Files and Procedures. At the sole option of IRC, TPA shall agree at no additional cost to IRC to any audits conducted by or on behalf of IRC of TPA's files and procedures as they relate to IRC. IRC shall have the right to audit during the contract period and for five years following the termination of the agreement. 4.14 TPA Is Independent Contractor. The Parties agree that TPA is engaged to perform services under this Agreement as an independent contractor, and not as an agent, of IRC. 4.15 Entire Agreement. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein and the Parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in, or incorporated by reference in, this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 4.16 Amendments. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by each Party hereto. 4.17 Waiver. The Parties agree that each requirement, duty and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material tern hereof. Any Party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terns of this Agreement. 4.18 Governing Law. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of Indian River County, Florida. This section will survive the termination of this Agreement regardless of the cause giving rise to such termination. 4.19 No Waiver of Sovereign Immunity. Nothing contained in this Agreement is intended to serve as a waiver of sovereign immunity by IRC or any person to which sovereign immunity may be applicable. This section will survive the termination of this Agreement regardless of the cause giving rise to such termination. Page 8 188 4.20 Non -Discrimination. TPA shall not discriminate against any person in the performance of the duties, responsibilities and obligations under this Agreement because of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. 4.21 Successors. This Agreement shall be binding upon and shall inure to the benefit of all assigns, transferees and successors in interest of the Parties. 4.22 Assignment. Neither this Agreement nor any interest herein may be assigned, transferred or encumbered by any party without the prior written consent of the other Party. 4.23 Medicare, Medicaid, and SCHIP (State Children's Health Insurance Program) Extension Act of 2007 ("MMSEA"). TPA acknowledges and agrees that IRC has an obligation to perform Mandatory Insurer Reporting ("MIR") as set forth in Section l 11 of the MMSEA. MMSEA provided for mandatory reporting requirements for group health plan arrangements and for liability insurance (including self-insurance), no-fault insurance, and workers' compensation (see 42 U.S.C. 1395y(b)(7) & (8)). IRC agrees to properly register with the Centers for Medicare and Medicaid Services ("CMS") as the Responsible Reporting Entity ("RRE"), to provide to TPA all relevant information including the RRE, Identification Number(s) assigned, and to properly designate a MIR reporting agent acceptable to TPA. IRC agrees that for each and every claim reported to TPA in which IRC possesses the information, TPA shall provide the following information as soon as required to comply with applicable law and avoid fines and penalties: claimant's first and last name, social security number, date of birth and gender. IRC consents to the disclosure of any required information to TPA's designated third party for processing IRC's MIR. 4.24 Funds for Payment of Claims. IRC has the sole obligation and responsibility for funding the payment of claims made by its employees in accordance with the Workers' Compensation Law as adopted and amended by the State of Florida and the applicable rules and regulations as promulgated by the applicable agencies of the State of Florida relating to the Workers' Compensation Law. TPA assumes no duty to fund any such claims at any time and shall have no obligation to advance funds for any such payment. IRC agrees to inform TPA of all relevant details with respect to any such accounts in order to TPA to perform its duties under this Agreement. TPA will analyze the account from time to time and will submit advisory reports, including any deficiencies to the account. As a result of the advisories, the IRC agrees to fund any increase within thirty (30) days of notification. In the event of cancellation or nonrenewal of this Agreement, IRC agrees to fund an amount sufficient to fund all of IRC's outstanding obligations as they become due. If, at any time, IRC or its carrier fails to provide adequate funding, TPA may issue "stop payment" orders on outstanding payments. Any bank charges resulting from inadequate funding including, but not limited to, interest, stop payment charges and overdraft fees shall be the obligations of IRC and Page 9 189 shall be paid by IRC upon demand by TPA. If IRC on more than one occasion fails to provide adequate funding, TPA shall have the right to convert IRC's program to either daily clearance or voucher upon 48 hours notice to IRC. This right shall be without prejudice to other rights of TPA under this Agreement. 4.25 Notice. When any of the Parties desire to give notice to the other, such notice must be in writing, sent by U S Mail, postage prepaid, addressed to the Party for whom it is intended at the place last specified. The place for giving notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving notice: As to IRC Risk Manager Indian River County BOCC 1800 27`h Street Vero Beach, FL 32960 As to TPA Beverly Adkins, Executive Vice President Johns Eastern Company, Inc. Post Office Box 110259 Lakewood Ranch, FL 34211-0004 ARTICLE 5 — SPECIAL CONDITIONS FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES 5.1 Compliance with Rules of Division of Workers' Compensation. TPA shall be responsible for compliance with all rules and regulations promulgated by the various state agencies prescribing the practices and procedures of self -insurer service companies. TPA shall also be responsible for all required EDI DWC reporting. TPA shall reimburse IRC for payment of any fines, penalties or assessments assigned by the State of Florida, or other regulatory agency, for failure to comply with such rules and regulations, including EDI reporting, associated with the performance or responsibility of TPA. 5.2 Scope of Services. Except as otherwise provided in this Agreement, TPA shall, for the duration of this Agreement, provide all of the services described in Attachment A to this Agreement, Worker's Compensation Claims Administration Scope of Services. 5.3 Obligations Not Terminated By Term of Agreement. TPA will provide service on all claims occurring during, or before, the term of this Agreement and until thirty (30) days after the termination of this Agreement (including renewals, extensions or replacements thereof), all legally Page 10 190 required reports for the contract period rendered, and all required reports to appropriate agencies. The compensation of TPA paid for services during the term of this Agreement includes the full compensation for such continuing obligations and, except as noted herein, no additional consideration shall be due for such obligations which extend beyond the term of this Agreement. 5.4 Performance Reviews. Except as otherwise provided in this Agreement, TPA and IRC agree that periodic Performance Reviews will be conducted in accordance with the processes and guidelines described in Attachment C, Claims Administration Services Performance Reviews. ARTICLE 6 — SPECIAL CONDITIONS FOR THIRD PARTY LIABILITY CLAIMS ADMINISTRATION SERVICES 6.1 Scope of Services. Except as otherwise provided in this Agreement, TPA shall, for the duration of this Agreement, provide all of the services described in, Attachment B to this Agreement, Third Party Claims Administration Scope of Services. 6.2 Oblieations Not Terminated By Term of Agreement. TPA will provide service on all claims occurring during, or before, the term of this Agreement and until thirty (30) days after the termination of this Agreement (including renewals, extensions or replacements thereof), all legally required reports for the contract period rendered, and all required reports to appropriate agencies. The compensation of TPA paid for services during the term of this Agreement includes the full compensation for such continuing obligations and, except as noted herein, no additional consideration shall be due for such obligations which extend beyond the term of this Agreement. Upon exiting, client data will be provided to the new TPA either by a series of attachments to one or more email messages containing zip files which can be password -protected or via CD ROM or the most current means of providing data. The cost for this will be no greater than $3,500. IRC will be billed for any additional programming to help in data transfer. 6.3 Performance Reviews. Except as otherwise provided in this Agreement, TPA and IRC agree that periodic Performance Reviews will be conducted in accordance with the processes and guidelines described in Attachment C, Claims Administration Services Performance Reviews. Page 11 191 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA by and through its Chairman, and JOHNS EASTERN COMPANY. INC., by and through its duly authorized representative. FOR INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA LE Chairman On this day of , 2016 FOR JOHNS EASTERN COMPANY, INC. By: ecutiv ice President Attest: By: Secretary On this day of It U + , 2016 APPROVED AS TO FORM AND LEGAL SUIFFICIE BY YLAtNul REiNGOLD COUNTY ATTORNEY Page 12 192 ATTACHMENT A WORKERS' COMPENSATION CLAIMS ADMINISTRATION SCOPE OF SERVICES ADMINISTRATIVE SERVICES TPA will provide the following administrative services: 1. In accordance with state mandated time frames, prepare (with IRC's assistance) and file with the appropriate state agencies all applications, bonds, documentation, and data required (if any) for implementation and continuance of the program. 2. In accordance with state mandated time frames, prepare, maintain, and file all records and reports as may be required by legal authorities (state, local, and federal). 3. Prepare, maintain, and file statistical or other records and reports as required by IRC's excess insurers. Report claims to IRC's excess insurer(s) in accordance with the requirements of the excess insurer(s). Provide a copy of the reports to IRC. Follow specific written investigation procedures for any case for which excess Workers' Compensation insurers require specific notification or investigation. It is the responsibility of IRC to provide accurate coverage information regarding any insurance policies insuring claims covered by this Agreement. New insurance information on renewal years will be made within 90 days of renewal date. Excess information will include name and claims reporting address and phone number of all carriers, policy number, effective dates, limits of liability, deductibles, specific retentions and loss funds. Actual polices will be provided. This information is required for each claim year that TPA is handling for IRC. If this information is not made available as outlined in this paragraph, TPA will not be responsible for any penalties, interest, or reductions in excess recoveries because of late reporting. 4. In accordance with state mandated time frames, prepare, maintain, and file statistical information required by Workers' Compensation Rating Bureaus or appropriate state agencies, including electronic data interface (EDI) and data necessary for the promulgation of experience modifications. 5. Comply fully with all rules, regulations, guidelines or procedures established by IRC and the State of Florida, including EDI. 6. Provide IRC, annually, with the latest paylag report from the State of Florida. 7. Annually, provide IRC with a SSAE- 16 audit as required by the financial auditors. 8. Prepare and follow provisions specific to IRC, for approval by IRC, for ensuring services in the event of an emergency; e.g., hurricane preparedness, including how TPA services will continue, Page 13 193 how IRC's employees will be paid indemnity in advance, and how they will be instructed on obtaining medical care. 9. Provide advance notice and coordinate in advance with IRC any internal audits associated with the Workers' Compensation program. 10. Assist IRC with its Return to Work program, including identifying return to work opportunities and appropriate use of outside vendors. CLAIMS SERVICES TPA will provide the following claims services: Establish reporting procedures which are compatible with the needs and organizational structure of IRC. 2. Provide necessary forms and instructions for use. 3. Provide customer service lines with a toll-free line for employees. 4. Develop specific service instructions with IRC for the handling of IRC's claims. Develop specific service instructions with IRC for the handling of IRC's catastrophic claims. 5. Conduct such investigation into the specifics of each individual report of employee injury as in the exercise of professional judgment would seem necessary. Enhanced efforts shall be taken to identify possible fraudulent claims including recorded statements from claimants and discussions with the claimant's supervisors. 6. Subject to the exercise of professional judgment, accept and settle or deny all reported claims for employee injuries on behalf of IRC in accordance with the applicable Workers' Compensation Law or law of damages. When it appears the final value of any claim will exceed a discretionary limit of $10,000, IRC shall be notified and the final decision for settlement shall rest with IRC. Any settlement is to include preparation and actuation of all necessary stipulations, compromise, and release agreements. 7. IRC may select and employ outside professionals such as surveillance personnel, expert witnesses, and attorneys to assist in the investigation, adjustment, and defense of claims. (a) IRC may select specific vendors and pricing schedules for the following services: Legal services, Translation services, Transportation services, Surveillance and Investigation services, Medicare Set -Aside services and Court Reporting services. (b) TPA will review all bills for such services for reasonableness and conformity to any pre- established rates or fees and will adhere to any set pricing schedules. Page 14 194 (c) TPA will work collaboratively with these outside professionals, including data sharing, portals and other methods for sharing information. If there are any programming fees associated with sharing this data, IRC or the outside professionals will cover these costs. 8. Review all medical bills and bills for other services for which a claim is being made for reasonableness and conformity to rules, regulations, and legally imposed medical and surgical fee schedules. 9. Prepare and maintain files necessary for legal defense of claims and/or other litigation (such as actions for subrogation, contribution, or indemnity) or other proceedings. 10. Where appropriate or desirable, attend hearings, depositions, mediations, and other proceedings. The adjuster handling the claim file will provide an updated written file note within 48 hours after the hearing, deposition, mediation or other proceeding. 11. At the request of IRC, provide a complete copy of all files involving litigation, potential or actual subrogation, or potential or actual recovery from special or second injury funds to the Risk Manager or the designee thereof. 12. Aggressively pursue all possibilities of subrogation, excess insurance reimbursement, third party liens, contribution or indemnity and/or recovery from special or second injury funds on behalf of IRC. 13. Periodically as appropriate, but at least every quarter, review all open cases and complete a strategic action plan in order to assist in the settlement of the cases. Such written reviews shall include a review and verification of outstanding reserves. A written summary of the review shall be documented in the open case file and shall be provided to IRC within ten working days after the end of the period for which the report is being made. 14. Provide access to rehabilitative services for injured employees including consultation for retraining or reassignment of employees with limited physical performance arising from covered injuries. 15. The supervising adjuster shall meet with IRC's Risk Manager, or the designee thereof, to consult with and refer all questionable or contested cases and those with an estimated value in excess of $10,000. 16. Aid in communications/coordination with IRC's safety and loss control program staff as necessary including providing claims data needed to target safety and prevention initiatives. Page 15 195 17. Conduct adequate, timely and complete 24 hour contact in the investigation of lost -time claims and 48 hour contact in the investigation of medical -only claims. (24/48 hours from first notice to WC management organization, not 24/48 hours from when adjuster received). 18. Pay vendor bills (attorneys, surveillance, etc.) within 30 days. 19. Develop and follow appropriate written policies when (i) the injured employee requests a second opinion, (ii) medical evaluation is questioned, or (iii) grievance report is filed. 20. Assist, as appropriate, in the scheduling of independent medical examinations. 21. Monitor the purchase of items deemed to be medically necessary for the accommodation of an injured employee and obtain approval from the Risk Manager for those items with a cost greater than $10,000. 22. Follow all provisions of Florida Statute in regard to medical benefit entitlement and administration. FIRST NOTICE OF INJURY SERVICES TPA will provide the following administrative services: 1. Provide internet based claim reporting and intake capabilities. Send First Notice of Injury to the State of Florida in a timely manner. TPA must accept responsibility for penalties for late notice to the State of Florida when caused by other than the delay of IRC. 2. Receive and examine on behalf of IRC all reports of employee injury claims. Refer injured workers to appropriate medical services, and as appropriate and based upon pre -established criteria agreed upon by IRC. Provide immediate referral to network specialty medical providers for injuries. 3. Coordinate data between first report of injury and claims administration system. 4. The on-line claim security shall permit on-line input of accident reports by IRC. TELEPHONIC MEDICAL MANAGEMENT TPA will provide the following services: 1. Telephonic Nurse Case Management services will be provided by TPA staff for all lost time and select medical only claims. 2. Pre -Certification of Hospital Admissions. Page 16 196 LOSS STATISTICS SERVICES TPA shall provide IRC with the ability to access comprehensive on-line, real-time electronic claim information data, including reporting capabilities, at no additional cost to IRC. TPA shall provide IRC with regular monthly reports, as agreed upon by the parties, in such a format as is acceptable to IRC. TPA agrees that IRC shall have real-time access to all claim files, including all adjuster notes, supervisory notes, field case management notes, diary items, payment records, medical bills and expense bills in an electronic manner with internet based access available to IRC. NETWORK ACCESS & DEVELOPMENT SERVICES TPA will provide the following network access and development services: 1. Provide IRC access to a provider network that contains appropriate providers. TPA must assure that high quality providers, particularly in key specialties, are encouraged to participate in the network. TPA will work with providers to develop contractual agreements which include preferred appointment setting criteria, reporting and standards to best address the medical and rehabilitative needs of IRC injured employees. Key specialties include internists, orthopedics, neurology, neurosurgery, occupational medicine specialties, pulmonology, infectious disease specialists, ear/nose/throat specialists, allergists, psychiatry and psychology. On an annual basis, the TPA and IRC will meet and agree upon discounts, types of specialists and key providers to be added to the network. MEDICAL BILL REVIEW AND AUDIT SERVICES TPA will provide the following medical bill review and audit services: For Medical Bill Review: (a) Promptly review medical/surgical bills (in and out of network) for accuracy including, but not limited to, as they relate to the following: (i) Duplicate billings (ii) Unbundling of charges (iii) Upcoding of charges (iv) Approval and appropriate precertification. (b) Review all medical bills that: (i) Are not subject to fee schedule coding (ii) Are for services not specifically addressed in the fee schedule (iii) Need an in-depth medical interpretation of the rules and regulations (iv) In the exercise of professional judgment, specifically warrant review. (c) Process, pay and mail bills within 45 days of receipt. Page 17 197 2. Reimburse IRC for any overpayments made in the bill review process within 30 days of identification of overpayment. Reimburse IRC for any penalties and/or interest associated with inaccurate payments. 3. For Medical Auditing Services: (a) Audit in -network and out -network hospital/provider bills (i) Exceeding $25,000 (ii) Others at TPA's discretion or specific request by IRC for accuracy and appropriateness (b) Develop and follow written policies on how late charges, no show charges and special payment arrangements are to be handled 4. Develop and provide communication materials to explain the policies and procedures of the Medical Bill Review and Audit Services to: (a) IRC (b) Medical providers 5. Develop and follow written grievance procedures for provider concerns. PHARMACEUTICAL MANAGEMENT SERVICES TPA shall recommend a prescription benefit management (PBM) vendor which: 1. Provide IRC injured workers access to a pharmacy network of local and national pharmacies with agreed upon discounted prices for drugs. Provide IRC injured workers with communication materials, including pharmacy cards, to assure proper information is available for prompt dispensing of and proper coding and billing of pharmaceuticals. 2. Provide IRC with pharmacy specific reporting on a quarterly basis of generic/brand utilization, network penetration, narcotic usage and other detailed reports as agreed between the parties. 3. Develop appropriate utilization review procedures in real time to assure dispensed drugs are appropriate for injury, timely dispensing and concurrent review for medical interactions. Page 18 198 ATTACHMENT B THIRD PARTY LIABILITY CLAIMS ADMINISTRATION SCOPE OF SERVICES ADMINISTRATIVE SERVICES TPA will provide the following administrative services: Prepare (with IRC's assistance) and file with the appropriate state agencies all applications, bonds, documentation, and data required (if any) for implementation and continuance of the program. 2. Prepare, maintain, and file all records and reports as may be required by legal authorities (state, local, and federal) including Form 1099 and all reporting required for Medicare Secondary Payor provisions. 3. Prepare, maintain, and file statistical or other records and reports as required by IRC's excess insurers. 4. Prepare, maintain, and file statistical information required by Rating Bureaus or appropriate state agencies. 5. Comply fully with all rules, regulations, guidelines or procedures established by IRC and the State of Florida. CLAIMS SERVICES TPA will provide the following claims services: 1. Establish reporting procedures which are compatible with the needs and organizational structure of IRC. 2. Provide necessary forms and instructions for use. Be available on a 24 hour basis, and provide immediate response to claims investigation requests through use of email or cellular telephones. 4. Provide a toll-free customer service line for employees. Prepare and follow a work plan that has been approved by IRC in the handling of IRC's claims. Prepare and follow a work plan that has been approved by IRC in the handling of IBC's catastrophe claims. Page 19 199 6. Receive and examine on behalf of IRC all reports of third party claims including claims by an employee of one Insured against another Insured. 7. Report claims to IRC's excess insurer(s) in accordance with the requirements of the excess insurer(s). Provide a copy of the report to IRC. Follow specific written investigation procedures for any case for which the excess insurer requires specific notification. It is the responsibility of IRC to provide accurate coverage information regarding any insurance policies insuring claims covered by this contract. New insurance information on renewal years will be made within 90 days of renewal date. Excess information will include name and claims reporting address and phone number of all carriers, policy number, effective dates, limits of liability, deductibles, specific retentions and loss funds. Actual polices will be provided. This information is required for each claim year that TPA is handling for IRC. If this information is not made available as outlined in this paragraph, TPA will not be responsible for any penalties, interest, or reductions in excess recoveries because of late reporting. 8. Within 24 hours after notification of a serious (one requiring more than first aid) third party bodily injury claim, contact the claimant by telephone or in person. Within two working days after notification of any other third party claim, contact the claimant by telephone or in person. 9. Subject to the exercise of professional judgment, accept and settle or deny all third party claims on behalf of IRC. When it appears that the claim is questionable or contested or the final value of any claim will exceed a discretionary limit of $10,000, IRC shall be notified and the final decision for settlement shall rest with IRC or its designee. Any settlement is to include preparation and actuation of all necessary compromise and release agreements. 10. Conduct such investigation, field or telephonic, as in the exercise of professional judgment would seem necessary. Follow specific written investigation procedures for any case for which the excess insurer requires specific notification. 11. IRC may select and employ outside professionals such as surveillance personnel, expert witnesses, and attorneys to assist in the investigation, adjustment, and defense of claims. (a) IRC may select specific vendors and pricing schedules for the following services: Legal, Surveillance and Investigation services, and Medicare Set -Aside (CMS) services. (b) TPA will review all bills for such services for reasonableness and conformity to any pre- established rates or fees and have the ability to adhere to any set pricing schedules. (c) TPA will work collaboratively with these outside professionals. IRC will be involved in the selection process for such outside professionals and will be involved in establishing effective utilization decision making criteria. Page 20 200 12. Prepare and maintain files necessary for legal defense of claims and/or other litigation (such as actions for subrogation, contribution, or indemnity) or other proceedings. 13. Where appropriate or desirable, attend hearings, depositions, mediations, and other proceedings. The attorney or other party representing IRC shall provide a written report to IRC within ten working days after the hearing, deposition, mediation or other proceeding. The adjuster handling the claim file will provide an oral report to IRC within ten working days after the hearing, deposition, mediation or other proceeding. 14. Pay in a timely fashion all claims and expenses pertaining to IRC's claims 15. At the request of IRC, provide a complete copy of all files involving litigation, potential or actual subrogation, to the Risk Manager or the designee thereof. 16. Aggressively pursue all possibilities of subrogation, excess insurance reimbursement, third party liens, contribution or indemnity on behalf of IRC. Services for Automobile Liability shall include the pursuit of subrogation on behalf of IRC for Automobile Physical Damage losses. 17. Periodically as appropriate, but at least every six months, review all open cases in and complete a strategic action plan in order to assist in the settlement of the cases. Such written review shall include a review and verification of outstanding reserves. A written summary of the review shall be documented in the open case file and shall be provided to IRC within ten working days after the end of the period for which the report is being made. 18. The supervising adjuster shall meet with IRC's Risk Manager, or the designee thereof, to consult with and refer all questionable or contested cases and those with an estimated value in excess of $10,000. LOSS STATISTICS SERVICES The TPA shall provide IRC with the ability to access comprehensive on-line, real-time claim information data, including reporting capabilities, at no additional cost to IRC. The TPA shall provide IRC with regular monthly reports, as agreed upon by the parties, in such a format as is acceptable to IRC. The on-line claim security shall permit on-line input of accident reports by IRC. The TPA agrees that IRC shall have on-line, real-time access to all claim files, including all adjuster notes, supervisory notes, diary items, payment records, medical bills and expense bills in an electronic manner with internet based access available to IRC. Page 21 201 ATTACHMENT C CLAIMS ADMINISTRATION SERVICES PERFORMANCE REVIEWS The TPA and IRC agree that Performance Reviews will be conducted after the first year of operations. Each Performance Review will involve Claim File Reviews and an overall Program Management Review. Performance Reviews will be conducted by the Risk Manager, or the designee thereof. In the Claim File Review process, for each claim file that is reviewed, the reviewer will assign a score from 0 to 100 based upon the criteria outlined in this Attachment B. At the conclusion of reviewing all selected claim files, an average score for all claim files reviewed will be calculated. In the Program Management Review process, a separate single score between 0 and 100 will calculated. The average score for the Claim File Reviews will account for 90% of the overall scoring for the Performance Review. The total score for the Program Management Review will account for 10% of the overall scoring for the Performance Review. As an example, if the average WC Claim File Review score is 86 points, and the average Third Party Liability Claim File Review score is 90 points, and the Program Management Review score is 70 points, the total score will be calculated as follows: Third Party Liability Claim File Review 90 points times 40% weight = 36.0 points WC Claim File Review average 86 points times 50% weight = 43.0 points Program Management Review 70 points times 10% weight = 7.0 points Total Weighted Review Points 86.0 points The penalties will be based upon the Total Weighted Review Points. IRC will perform one Performance Review for each annual period of the contract. The following chart outlines the expected review schedule. IRC retains the right, at its sole discretion, to perform such reviews at any time. Performance Review Performance Period Total Weighted Review Points Penalty 1 Months 1 — 12 of Contract 80 1 % 2 Months 13 — 24 of Contract 90 1 % 3 Months 25 — 36 of Contract 95 1% 4 * Months 37 — 48 of Contract 95 1 % 5 * Months 49 — 60 of Contract 95 1 % * If agreement extension authorized by IRC. Failure to perform at or above expected levels for the Performance Reviews will result in a financial penalty of 1 % of the amount that was charged by the TPA for the performance period. Any financial Page 22 202 penalties will be credited to future amounts invoiced by the TPA to IRC. The Performance Reviews will measure objective performance standards which are easily identified and measured. After each Performance Review is performed, the TPA will meet with the IRC Risk Manager and/or designee to discuss initial evaluation results. The TPA will be given an opportunity to factually rebut the initial findings. Thereafter, a final tally of the review results will be prepared. A minimum Total Weighted Review Points of 80 is expected in the first annual period of the contract. The minimum Total Weighted Review Points is raised to 90 on the second annual period, and 95 for periods thereafter. Failure to meet these average compliance expectations will result in the penalty noted above. THIRD PARTY LIABILITY CLAIM FILE REVIEWS The Claim File Review will include 20 randomly selected claim files. The make-up of the files selected for each review will be at least 50% open files. At least 50% of the selected files will have recent (within performance period) dates of occurrence and remaining selected files will have dates of injury more than 12 months prior to the performance period. Each claim will generate a score ranging from l to 100 points. All timeliness standards of performance are stated in business, not calendar, days. In any instances where a standard is not applicable to a particular claim file, the file will be awarded the appropriate point(s) for that standard. Only transactions that are paid or processed during the performance period will be subject to scoring. 1. Claim Receipt, Recording & Contact Assigned (20 Points) The TPA will document claims intake information on all liability claims, enter the claim into the system, properly code claim, assign claim number and assign adjuster. This information will be available electronically within one business day of receipt of claim intake information. A minimum of "three attempts" by the claims adjuster to contact the appropriate claimant(s), employees, and/or supervisor will be considered a "contact," if followed up with appropriate correspondence and documented in the file within the measurement period. 2. Document Subrogation Recovery Potential (10 Points) Adjusters will document subrogation, contribution, and/or coordination of benefits recovery potential in the claim file within fourteen (14) days of claim receipt. 3. Litigation Management and Communication/Documentation (10 Points) Claims adjusters will "address" litigation within two (2) days of litigation receipt. This will Page 23 203 mean a referral to the appropriate legal counsel for assignment within two (2) days. 4. Direction Within Fourteen (14) Days of Claim Receipt (20 points) For liability claims, within fourteen (14) days of receipt of the claim, the claims adjuster will document appropriate specific direction for the investigation and handling of the case. 5. Reserves — Documentation, Routine/Appropriate Updates (20 Points) Within 72 hours of receipt of the claim, initial reserves for the file should be set; thereafter, reserves will be reviewed on an on-going basis, and, at a minimum of 30 days from 72 hour review, 30 days from 30 day review, 60 days from last 60 day review and every 6 months thereafter. Any increase or decrease of reserves by $10,000 or more requires notice to the Risk Manager, or designee. The file should document such notice when appropriate. 6. Excess Insurer Communication, Documentation and Recovery (20 Points) TPA will provide documentation of compliance with all reporting requirements of excess insurers. All claim files with total incurred experience projections exceeding self-insured retention for date of injury will document appropriate communication with excess insurance. All required and appropriate information will be provided to excess insurers. TPA will file for reimbursement from excess insurer for each claim file when total payments exceed self- insured retention. Initial filing for reimbursement will occur within 90 days of when total payments exceeded self-insured retention. TPA will follow-up with excess insurer every 90 days until all excess insurance reimbursements have been received by IRC. WORKERS' COMPENSATION CLAIM FILE REVIEWS The Claim File Review will include 50 randomly selected claim files. The make-up of the files selected for each review will be at least 50% open files. At least 50% of the selected files will have recent (within performance period) dates of injury and remaining selected files will have dates of injury prior to the beginning of the performance period. Each claim will generate a score from l to 100 points. All timeliness standards of performance are stated in business, not calendar, days. In any instances where a standard is not applicable to a particular claim file, the file will be awarded the appropriate point(s) for that standard. Only transactions that are paid or processed during the performance period will be subject to scoring. MEDICAL MANAGEMENT/CONTROL — 32 Points 1. Timely Medical Bills and Records (8 Points) The TPA will review bills, invoices, and other claims for payment submitted by health care providers to identify proper authorization, over utilization, underutilization and billing errors and will adjudicate/pay those bills and mail (postmark) payments within 45 days. Bills will Page 24 204 be properly coded. 2. Medical Plan of Action Documentation (8 Points) A written plan of action must be established jointly between the adjuster and, as appropriate, supervisor or case manager within the following intervals: a. Within 10 days of the TPA's knowledge of a claim, b. Within 30 days of the TPA's knowledge of a claim, c. At quarterly intervals thereafter, as long as a claim remains open. The plan of action must include, as appropriate, the medical resources required (field nurse case manager, specialist referral, transportation, attendant care, etc.), the diagnosis, prognosis, proposed treatment plan, authorized physicians and other providers, description and cost of prescribed medications, the Medicare set aside strategy and anticipated MMI, current work status and stay -at -work or return -to -work plan. File documentation will include a clear understanding by adjuster direction, strategy and "who" is going to do "what" to ensure successful result. End result desired or expected will be clearly documented. 3. Timely Care/Treatment/Quality Referral & Authorization Process (8 Points) Needed medical appointments with specialists, physical therapists, diagnostic tests, etc. must take place within 7 days of a request for service by an authorized party and appropriate to the diagnosis. If appointment for appropriate service is not available within 7 days of request/referral, file must document reasonable attempts to procure such appointment. The TPA must provide a substantive and written cover letter and chronologically arranged medical records to any independent medical examiner at least 5 days prior to an independent medical examination appointment date or, as appropriate, provide the documents in a timely manner to defense counsel on the appointments that they are to schedule. The information assembled must be thorough and provided in such a manner as to be meaningful and self- explanatory. 4. Stay-at-Work/Return-to-Work Communication & Documentation (8 Points) The IRC Workers' Compensation Coordinator must be notified in writing, no later than the next business day of the TPA's knowledge, that an employee has been given limitations/restrictions or other altered duty status. The file must always clearly document work status. CLAIMS MANAGEMENT — 36 Points 1. Timely Reporting, Quality Contact (for new claims) (8 Points) Adjuster will make timely (within 24 hours for lost -time and 48 hours for medical -only, but Page 25 205 not later than the next business day excluding weekends and holidays), appropriate, and meaningful contact with the injured employee, site supervisor and physician. File will document this contact. If contact is not made, file will document attempts at contact. Documentation will include, but not be limited to, documentation of compensability, mechanism of injury, medical necessity of medical care, orientation of the injured worker, duty status, as well as evidence of meaningful medical, educational, vocational and societal background information relevant to the ability of the injured employee to return to his or her usual occupation. 2. Recovery Activity/Subrogation (4 Points) All possible avenues of subrogation/recovery will be thoroughly explored with appropriate follow-up diaries. Employees prior claim history will be investigated and clearly documented in file. 3. Documented Communication (4 Points) Evidence/documentation of routine and effective communication between all interested parties involved in the claim: adjuster, nurse case manager, physicians and other health care providers, employer, employee, legal counsel, etc. Information requested from interested parties should be aggressively pursued. When the information is not provided in a reasonable amount of time, follow-ups for the requested information should be sent at regular intervals until the information is provided or the matter otherwise resolved. The file should be clearly documented with the date and description of each new request or follow-up. 4. Litigation Management (4 Points) Evidence of proactive litigation activity and plan (i.e., claim management not "abandoned" to defense counsel) and reasonable efforts should be documented and readily evident from the claim file. File will reflect timely response to all legal filings, legal correspondence and proceedings. File will include evidence of a litigation action plan from defense counsel. 5. Overall Claim Documentation (8 Points) Claim file documentation must be meaningful and self-explanatory. A "The file must speak for itself' standard will be kept at all times. Actionable events (new information, transactions, correspondence and communication, actions, etc.) must be documented in real- time (i.e., same day). 6. Supervisor, Manager Involvement (8 Points) Appropriate supervisory/management involvement will be documented in claim file. Supervisory/management directives will include initial assignment and subsequent directives will include involvement in evaluating reserves, involvement in strategic planning and disposition of claim. Requests by the supervisor/manager for information from interested parties, and follow-ups for that information, should be timely and clearly documented with a date and description of each request and follow-up. Page 26 206 FINANCIAL MANAGEMENT — 32 Points 1. Reserves (8 Points) A comprehensive reserve analysis must be prepared and be included as part of the claim file within the following intervals: a. Within 10 days of the TPA's knowledge of a claim, b. Within 90 days of the TPA's knowledge of a claim, c. At 6 month intervals thereafter, as long as a claim remains open, and d. At any time, where in the TPA's professional judgment, a claim event has occurred requiring a reserve increase or decrease. 2. Medical Payments (8 Points) Medical reimbursement made on behalf of IRC must be in accordance with contracted rates or the Florida Fee Schedule. Medical reimbursement includes reimbursements for physician office visits, surgeries, pharmaceuticals, physical therapy, and other medical treatments. A random sampling of medical reimbursements paid for each claim file will be reviewed. 3. Indemnity Payments (8 Points) Determination of the injured employee's proper average weekly wage and compensation rate must be made within 10 days of TPA's receipt of the wage statement is required by Statute/Administrative Code. Thereafter, timely indemnity payments will be documented. 4. Expense Payments (8 Points) Appropriate use/management of support resources will be reviewed. This will include the use of all vendors/resources enlisted and paid as an allocated loss adjustment expense (ALAE) or a legal expense such as defense counsel, surveillance, translators, Medicare set- aside services, transportation services, etc. To the extent a preferred panel of providers of these services has been established by IRC, use of preferred providers and contracted rates will be reviewed. PROGRAM MANAGEMENT REVIEW REPORTING & COMMUNICATIONS — 35 Points 1. Routine Meetings (15 Points) The TPA will establish and conduct routine meetings with the Risk Manager, or designee, to review progress of the program, review financial indicators of the program, review legislative issues relevant to the program and to discuss any open issues. Meetings will, as appropriate, include sub -contractors of the TPA involved in the program. Agendas will be developed in advance of the meetings and minutes of meetings will be kept. Attendance via teleconference meets this requirement. Page 27 207 2. Monthly & Quarterly Reporting (15 Points) IRC and TPA will develop a written listing of reports to be provided by the TPA to IRC. The written listing of reports will include information regarding the timing of reports and distributions of reports. This will include reports from subcontractors, as appropriate. 3. Reporting and Reimbursement of State of Florida Penalties (5 Points) TPA will provide quarterly reporting to IRC of all penalties paid by the TPA to the State of Florida. The report will include documentation of the reason for the penalty and describe the responsibility. TPA will promptly reimburse IRC for penalties for which the TPA's actions are responsible. STAFFING — 20 Points 1. Caseloads (10 Points) Average assigned caseloads for adjusters will not exceed 170 open claim files. Medical only adjuster case load will not exceed 250 open claim files. 2. Communications Regarding Assigned Staff (10 Points) TPA will provide notice to Risk Manager of all staff changes relating to the management of IRC claims. PROVIDER NETWORK EFFECTIVENESS —15 Points 1. Ability to Get Appointments Quickly (10 Points) TPA agrees that it will design, establish, maintain and administer a provider network through which treatment, services and supplies will be provided in a reasonably timely manner. TPA agrees it will clearly document in the file any difficulties in obtaining timely treatment, services or supplies and any and all efforts to procure alternatives to such treatment, services or supplies. 2. Management of Non -Standard Fee Agreements (5 Points) TPA will document all non-standard fee agreements for medical services. TPA agrees that any and all non-standard fee agreements must be reviewed and approved by IRC prior to receipt of treatment, services or supplies. TPA shall clearly document IRC's approval in the file. EXCESS INSURANCE — 30 Points 1. Reporting (10 Points) TPA will provide documentation of compliance with all reporting requirements of excess insurers. Page 28 208 2. Documentation of Appropriate Communications with Excess Insurers (10 Points) All claim files with total incurred experience projections exceeding the self-insured retention for date of injury will document appropriate communication with excess insurance. All required and appropriate information will be provided to excess insurers. 3. Prompt Reimbursement of Excess Insurance (10 Points) TPA will file for reimbursement from excess insurer for each claim file when total payments exceed self-insured retention. Initial filing for reimbursement will occur within 90 days of when total payments exceeded self-insured retention. The TPA will follow up with excess insurer every 90 days until all excess insurance reimbursements have been received by IRC. Page 29 209 ATTACHMENT D ALLOCATED CLAIMS EXPENSES The TPA and IRC agree that the following are acceptable Allocated Claims Expenses. The TPA Fee, as shown in Article 3 of this Agreement, does not include Allocated Claims Expenses. Attorneys' and legal assistance' fees for claim and any lawsuits, before and at trial, on appeal, or otherwise; Court and other litigation settlement expenses, including, without limitation: • Medical examination to determine extent of liability, • Expert medical and other testimony, • Laboratory, X-ray and other diagnostic tests, • Autopsy, surgical reviews, and other pathology services, • Physician related fees and expenses in reading, interpreting, or performing any of the foregoing tests or services, • Stenographer, process server, and other related trial preparation, trial, settlement, and court costs, • Witness fees and expenses before and at trial, deposition, settlement discussions, or otherwise, and • Fees and expenses for surveillance, private investigators, or otherwise; Fees for any work done outside the office, including, but not limited to, field investigations necessary to determine compensability, liability, Special Disability Trust Fund or subrogation recoverability, claimant control, attendance at mediations, hearings and depositions, attendance at management meetings, attendance at medical consultations or hearings, appraisals, case management, recorded statements; Fees for field investigation will be $105.00, $0.55 a mile and $1.00 per photograph, and administrative expenses; Handling of property claims during a catastrophe will be billed based upon the catastrophe schedule in effect at the time of the catastrophe. Fees for over -night or special mail services for various documents; Field Case Management Services, Peer Review Services, Medical Care Audits or Hospital Bill Audits; Medicare Set -Aside (MSA) services to include: MSA cost projections, MSA submission, liability MSA services, comprehensive drug utilization review, lien search, conditional lien dispute and projection updates. Page 30 210 9R Derul Loar Indian River County Sheriff's Office August 19, 2016 The Honorable Bob Solari, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman Solari: Please accept this letter as my request to be placed on the next Board of County Commissioner's agenda to discuss expenditure from the Criminal and Sex Offender Registrant Fee account. I am requesting $16,000 from the account to apply to the purchase of the following items: Registrant office fixed camera $ 1,350 Shelving $ 1,000 Digital hand held cameras $ 3,000 Registrant office supplies $ 8,000 Chairs for registrant processing area and lobby 2,650 $16,000 Please place this item under Constitutional Officers for the September 13, 2016 board agenda. If you have any questions or require additional information, please contact me at 978-6404. Thank you for your consideration. Sincerely, LV } Deryl Loar, Sheriff DL:nmj cc: Jason E. Brown, County Administrator Mike Smykowski, OMB Director Kelly Goodwin, Comptroller 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • ww%v.iresheriff.org 211 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION-�- REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Fred Mensing ADDRESS: 7580 129`" Street, Sebastian, FI SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? PHONE: 772-532-6035 Amtrak - All Aboard Florida YES NO YES NO aYES NO Public Information on Amtrak and All Aboard Florida ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: E. Brown September 13, 2016 F Wounty Admin\ExecAssMGENDA\Public Discussion Items Form.doc Bwrd Approved 1 Ir//w 212 /Oe.-Ia--� INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Stan Boling, AICP; C mmunity Development Director DATE: August 26, 2016 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of September 13, 2016. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing items have been scheduled for Board consideration: September 20, 2016 1. Consideration of Proposed Temporary Use Permit Regulations for Farmers Market Events in Gifford (Sale of Fruits, Vegetables, and Food) [Legislative] 2. Consideration of Proposed Regulation Allowing Limited Recreational Vehicle Spaces in Mobile Home Parks Located Adjacent to Interstate 95 and West of 90'' Avenue [Legislative] 3. Consideration of Amendments to Land Development Regulations (LDRs) Chapters 901 (Definitions), 911 (Zoning), and 971 (Specific Land Use Criteria) to Establish Regulations for Medical Marijuana Treatment Centers [Legislative] 4. Orchard Park PD: Request for conceptual planned development (PD) and special exception approval for a 73 lot detached single-family project to be known as Orchard Park. Located on the north side of 1St Street SW and the east side of 581' Avenue. Showcase Designer Homes, LLC, Owner. Schulke, Bittle & Stoddard, LLC, Agent. Zoning: RS -3 (Residential Single -Family up to 3 units/acre). Land Use Designation: L- 1 (Low -Density Residential 1 up to 3 units/acre). Density: 2.00 units/acre. (PD -16-07- 05 / 2004100070-76692) [Quasi -Judicial] MAAGENDA\Current Year\2016\Notice of Public Hearing M016.docx 213 5. Frank Richardson's request to rezone ±3.59 acres located at the northeast corner of 331d Street and 66`h Avenue, from A-1, Agricultural District (up to 1 unit/5 acres), to RS -3, Single -Family Residential District (up to 3 units/acre). (RZON-94120127-77245) [Quasi -Judicial] 6. Consideration of a modification (reduction) to a special exception use approval condition regarding perimeter property setbacks for the camp/retreat facility known as Epic Missions located at 6025 12" Street (AA -16-11-126 / 2000020146-77585) [Quasi - Judicial] RECOMMENDATION: The above referenced public hearing items are provided for the Board's information. No action is needed at this time. APPROVED AGENDA ITEM: FOR: BY: Indian River Co. Approved Date Admin. 9U19/0 Legal q_.-2 _ /,6 Budget q —2 Dept. 7/sa /6 Risk Mgr. WAGENDA\Current Year\2016\Notice of Public Hearing 092016.docx 214 Public Notice (Informational) INDIAN RIVER COUNTY, FLORIDA �t * DEPARTMENT OF UTILITY SERVICES f?.URIv� Date: August 24, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AO Subject: Notice of Scheduled Public Hearing to Consider a Water Main to be Installed within the Pinson Subdivision in Indian River County, Florida. DESCRIPTIONS AND CONDITIONS: On August 16, 2016, the Board of County Commissioners (BCC) adopted a resolution setting the time and place for a Public Hearing on September 20, 2016, at 9:05 am to discuss the installation of a water main within the Pinson Subdivision in Indian River County as a Special Assessment Project. [Legislative] The scheduled Public Hearing is to provide the property owners in the special assessment area an opportunity to comment on the potential project. The public hearing will be held in the County Commission Chambers during the regularly scheduled meeting on September 20, 2016. RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. 0 AGENDA: Jason 4 Brown, County Administrator For: September 13. 2016 Date Indian River Co. Appro,yo Date Administration Legal Budget Utilities Utilities- Finance .� F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2016_Proposed\PinsonSubdivision\Word Documents\Agenda Public 215 Hearing Notice 9-13-16.doc County Administrator INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: September 7, 2016 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Collective Bargaining Agreement Between Indian'ver County and Teamsters Local Union No. 769 1 tto current s—ouective tsargaimng Agreement between the County and the Teamsters Local Union No. 769 (the "Union") is due to expire on September 30, 2016. On August 19, 2016, the County and the Union tentatively agreed on a new three-year agreement effective October 1, 2016, through September 30, 2019 (the "Agreement"). The proposed Agreement was submitted to the Teamsters membership and ratified by the Union on September 6, 2016 and is herein presented to the Board of County Commissioners for approval. Attached for your consideration is the summary of the major amendments to the new Agreement. The full Agreement is on file in the Board of County Commission Office. It includes general terms and conditions substantially similar to the current collective bargaining agreement. The Summary is presented in legislative format to emphasize the changes. The new Agreement has a duration of 3 years. It reflects an increase in the safety shoe allowance for qualifying employees from $125 to $150 annually. The Agreement also proposes a cost of living increase of 3% for fiscal year 2016/2017, with "reopeners" for the 2 remaining fiscal years under the contract. The Agreement also includes annual merit pay increases of 2.5% annually for those receiving compensation within the applicable County pay ranges. For employees reaching the top of their pay range, the Agreement proposes a lump sum annual top out bonus at the status quo of $800 for fiscal year 2016/2017, followed by $1000 in year 2, and $1200 in the final year of the contract. The Agreement also adds Martin Luther King to the holiday schedule in accordance with the Board's direction earlier this year. RECOMMENDATION: Staff respectfully recommends approval of the agreement and requests that the Board authorize its Chairman to sign. ATTACHMENT Legislative Format Summary of Amendments Full Agreement on File in the Board of County Commission Office Approved Agenda Item BY: bV� o E. Brown QvInty Administrator FOR: September 13, 2016 Indian River County Approved Date Administration County Attomey Budget 9 G� l Department q !G Risk Management FAAmistant County Administrator\AGENDA ITEMS\2016\BCC 09 SEPTEMBER 2016\BCC Memo - CBA Teamsters.doc 216 PROPOSED CONTRACT BETWEEN INDIAN RIVER COUNTY AND TEAMSTERS LOCAL UNION NO. 769 October 1, 20136- September 30, 20169 217 ARTICLE 10 SAFETY 10.1 All employees and the County shall be responsible for following the provisions of the safety policy manual provided to them. The County shall continue to have the right to unilatefafl} establish, adopt, change, amend, withdraw, and enforce the employee safety manual so long as such actions do not result in a conflict with the specific terms and conditions of this agreement. Changes to the employee safety policy manual will be conspicuously posted in all work areas. Except in the case of any emergency, such changes will be posted at least five working days before the effective date of the change. Failure to follow prescribed safety procedures may result in disciplinary action. 10.2 Protective devices, wearing apparel, and other equipment necessary to protect employees from injury shall be provided by the County. Such items, when provided, must be used and the Union agrees that willful neglect or failure by an employee to obey safety regulations and to use safety equipment shall be just cause for disciplinary action. Protective devices, apparel, and equipment applicable herein are listed below. A. gloves B. rubber boots (when required) C. safety hard hats (when required) D. safety vests (when required) E. safety goggles (when required) F. uniforms G. sunscreen H. safety glasses I. rain gear (when required) Those employees required to wear safety shoes in accordance with this article shall be paid " $150 annually. Such payment shall be made the first full pay period of October each year. New employees hired on or after October 1 but before March 31 will be paid a prorated amount of $75 and payment shall be made the first full pay period of April each year. Those employees hired after April 1 will not be eligible for the payment until the following October. ARTICLE 16 HOURS OF WORK 16.7 It is agreed by the parties that Water and Wastewater Operators shall be allowed to bid on their scheduled shift and plant location. The bidding shall take place in December of each year. The bids shall take effect on the first full pay period in January. All bids shall be selected in upon seniority within their respective divisioneFdef. 218 ARTICLE 30 HOLIDAYS 30.1 It is the policy of the County to observe holidays each year on a schedule determined by the Board of County Commissioners. The holidays which shall be observed under this policy are: A. New Year's Day B. Martin Luther King Day 13. Good Friday C. Memorial Day D. Independence Day E. Labor Day F. Veteran's Day G. Thanksgiving Day H. Day after Thanksgiving I. Day before Christmas J. Christmas Day K. Personal Day (to be scheduled and approved in accordance with department's vacation policy) L. Any other holidays authorized by the Board of County Commissioners 30.2 Regular employees will receive holiday pay whether or not they are scheduled to work on the holiday. Regular employees not normally scheduled to work on the day of the week the holiday is being observed will receive an average day's wage as holiday pay. An average day's wage is defined as an employee's scheduled bi- weekly pay divided by ten days. Employees normally scheduled to work on the day of the week the holiday is being observed shall receive holiday pay for the number of hours they are normally scheduled to work, even if that is more or less than an average day's wage. july 4, 2016 (IndependenGe Day), shall have the eptien to have th*6 date ebsewed-holiday. 219 ARTICLE 33 WAGES 33.1 baFgaining unit employees shall not be eligible fOF 1 For fiscal years FY 201412016 and FY 201 x/7/14 G FY 2016/2017. 2017;2018 and 2018/2019 employees will receive a 2.5% anniversary increase, or the same increase as non-union employees under the County Administrator's purview if greater than 2.5%, not to exceed the top of the employee's pay range. Bargaining unit employees who are topped out in their pay range shall receive a lump sum anniversary amount in the amount of 800 for FY2016/2017 $1000 for FY2017/2018 and $1200 for FY2018/2019 (prorated for part-time employees), or the same amount as non-union employees under the County Administrator's purview if greater than $800 the stated amounts not added to their base upon successful evaluation. Employees within the established lump sum payment amount (prorated for part-timers) of the maximum of the range shall receive an increase in base pay up to the maximum of the range and shall receive the difference between that amount and the established lump sum payment in a lump sum payment. Any anniversary increases or lump sum increases after the expiration of this Agreement shall be subject to collective bargaining. 33.2baFgaiRIRq empeyee6 Will 0 cergtl0 ir FY 204412016 if #-an 2.6%. For fiscal year FY 2016/2017, bargaining unit employees will receive a " 3% cost of living increase effective the first full pay period in October 2&52016, or the same increase as employees under the County Administrator's purview for fiscal year FY 281382016/2017 if greater than 3-5 3%. For FY 2017/2018 and 2018/2019 the parties mutually agree to reopen this section and collectively bargain future cost -of -living increases. Any cost -of -living increases after the expiration of this agreement shall be subject to collective bargaining. 33.5 For the life of this Agreement if the County identifies a bonifide recruitment and retention issue for a bargaining unit position the parties may meet to discuss and present practical solutions to address the concern Nothing herein is intended to expand the rights and privileges extended to the Union pursuant to Article 33.2 of this Agreement with respect to wage reopening and collective bargaining process for FY 2017/2018 and FY2018/2019 220 ARTICLE 37 DURATION OF CONTRACT 37.1 This agreement shall be effective October 1, 2013 shall remain in full force and effect until the 30th day of September, 2016 Y, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing 180 days prior to the anniversary date that it desires to modify or terminate this agreement. In the event such notice is given, negotiations shall begin no later than 150 days prior to the anniversary date. This agreement shall remain in full force and effect during the entire period of negotiations for a modification of this agreement, except that there shall be no wage or benefits improvements. Agreed this day of , 2013 !-- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Chairman Attest: County Administrator Clerk TEAMSTERS LOCAL UNION NO.769 LIM By Chief Union Steward Business Representative 221 DEPARTMENT INDIAN RIVER COUNTY, FLORIDA 1\1 EM0RANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director of Emergency Services 61; FROM: Maria Resto, Radiological Emergency Analyst/Radio System Manager 411 DATE: September 6, 2016 SUBJECT: Signing of Work Order No. 1 for Radio System P25 Migration Project It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On August 16, 2016, the Board approved a migration project to the Federal Communications Commission P25 standard for interoperable digital two way communications for public safety organizations. This is a planned upgrade and is detailed in the County's Capital Improved Element (CIE). As you will recall, staff recommended commencing the upgrades in phases over a five-year period. Staff is now presenting Work Order No. l for the phased upgrade, which includes all the work necessary to provide end-to-end IP microwave solution to the County's radio system. Continuing with the Board approved P25 migration project and agreement for service; the attached work order outlines the projects and associated cost of 51,000,000.00 and requires signing of the work order. FUNDING: ITEM Amount Account Number P25/Phase 1 $1,000,000.00 31512022-066510-16004 RECOMMENDATION: Staff recommends the Board approve Work Order No. l with Cormnunications International Inc. and authorize the Chairman to execute the agreement. 222 ATTACHMENTS: 1. Work Order No. 1 APPROVED FOR AGENDA FOR: SEPTEMBER 13, 2016 BY: jJasoojinistrator wn Indian River County A prqved Date Administrator $ 16 Legal Budget Risk Management Department PJ 223 Indian River Count) Emergency Services 4225 43" Avenue Vero Beach, Florida 32960 Telephone: (772) 226-3900 FAX: 772-567-9323 Project: 800MHz Radio System Upgrade Emergency Services WORK ORDER NO. 1 FOR THE COUNTYWIDE P25 MICROWAVE RADIO SYSTEM MIGRATION PROJECT WITH Communications International, Inc. This Work Order No. 1 to the Countywide P25 Microwave Radio System Migration Project dated September 13, 2016 is for the Radio System Contractor (Communications International) to perform work necessary to provide end-to-end IP Microwave Solution to the Indian River County (County) radio system. Work Order No. 1 is as follows: SECTION I — PROJECT LIMITS This Work Order No. 1 includes tasks and services for Communications International to perform in connection with the radio system upgrade. SECTION II - SCOPE OF SERVICES As agreed upon between Communications International and County, that Communications International shall provide all engineering, design and supply necessary materials and labor to replace or upgrade existing microwave equipment, as set forth in the County's Request for Information #2016-047 and Communications International's Response dated July 20, 2016. Both the Request for Information and the Response are incorporated into this Work Order No. 1 by reference. Milestones and pricing associated herein are attached to this Work Order No. 1 as Exhibit A and incorporated by reference herein. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT Communications International shall provide the County: 1. The services shall be completed by the Communications International and delivered to the county within 365 days from notice to commence. SECTION IV — COMPENSATION The County agrees to pay, and Communications International agrees to accept, for the above described services rendered as identified in Sections I, II, and III of this Work Order No. 1, for a total amount of $1,000,000.00 Any additional services not described hereon shall be pre -approved by the County. 224 Work Order No. 1 Communications International 800 MHz Radio System Upgrade September 13, 2016 Page 2 of 2 All invoicing shall include itemized costs and materials expended to complete the work. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this 13th day of September, 2016. OWNER: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency: JV", a -"'r William K. DeBraal Deputy County Attorney Jason Bwn, County Administrator RADIO SYSTEM CONTRACTOR Communications International Inc. (Signature) Steve Fischer Project Manager Witnessed by: (Signature) (Printed name) 225 EXHIBIT "A" Milestone Payment Schedule Milestone 1 CDR Acceptance $62,297.62 Milestone 2 Completion of FCC Licensing Services $24,500.00 Milestone 3 Ci receipt of MNI Equipment $558,887.70 Milestone 4 Ci receipt of DC Power Battery Plants $47,553.01 Milestone 5 Upgrade of Existing Alcatel Microwave Radios $32,627.02 Milestone 6 Installation Services $122,908.18 Milestone 7 Tower Crew Services $84,269.47 Milestone 8 Testing and Final Acceptance $66,957.00 Total Invoicing $1,000,000.00 226 14.C.1 September 13, 2016 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 6, 2016 SUBJECT: Transfer of Middleton Fish Camp Lease FROM: Wesley S. Davis Commissioner District 1 I kindly request your consideration in discussing the sale of the bait shop and the transfer of the Middleton Fish Camp Lease. Attached: Emailed information 227 Misty Pursel From: Wesley S. Davis Subject: FW: Info for amendment to MFC lease From: Jeanne Middleton [mailto:middletonsfishcamp@gmail.com] Sent: Tuesday, August 30, 2016 7:16 AM To: Wesley S. Davis <wdavis@ircgov.com> Subject: RE: Info for amendment to MFC lease Wesley, this has little to do with running a business, as I see it. I am going to be their "mentor" for as long as needed. In addition, the lady who works for me, Roxie, is going to remain in their employ (is that a word?) for at least 6 months and probably longer. Thirdly, they have ben spending weekends up here dealing with boats and bait and sales. Robert is capable of using a zero -turn mower and a weedeater. Lastly, they have been on BCL for their whole lives, fishing, boating and staying in the Green Cabin, which has been in Robert's family for 5 generations. They are certainly water oriented. If, for some reason, the business should not succeed, it won't be for their lack of trying. However, since it is doing quite well, I do not see thathappening. Jeanne Middleton From: Dylan Reingold Sent: Monday, August 29, 2016 10:53 AM To: Wesley S. Davis <wdavis(@ircgov.com> Subject: RE: Info for amendment to MFC lease Commissioner Davis, Good morning! One other bit of information that might be helpful would be to better understand the experience Robert and Theresa have in operating such a facility and what they offer. The Board will need to decide whether to allow Ms. Middleton to turn the business over to Robert and Theresa, and you will want to present several good reasons as to why the Board should choose them over going through the procurement process. Dylan From: Misty Pursel On Behalf Of Wesley S. Davis Sent: Wednesday, August 24, 2016 11:17 AM To: Dylan Reingold <dreingold@ircgov.com> Cc: Wesley S. Davis <wdavis(@ircgov.com>; 'middletonsfishcamp@gmail.com' <middletonsfishcamg gmail.com> Subject: FW: Info for amendment to MFC lease Good Morning Dylan, Please see Jeanne's email below providing some information about perspective interest in the Middleton Fish Camp. Best regards, 228 f ' Msty G. Tursef Commissioner Assistant for Wesley S. Davis, District 1 Board of County Commissioners 1801 27th Street, Building A Vero Beach, FL 32960 t 772 226 1442 0 mpursel(.5ircgov.com 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. pA Please consider the environment before printing this e-mail. Think Green! From: Jeanne Middleton [mailto:middletonsfishcamg gmail.comj Sent: Wednesday, August 24, 2016 9:07 AM To: Wesley S. Davis <wdavis@ircgov.com> Subject: Info for amendment to MFC lease Morning! I know that you are familiar with Robert and Theresa Tucker, but the county attorney wanted some additional info. Robert and Theresa live in Ft.Pierce. He is employed by Blue Goose Growers. He is about 45 years old and she is 45 as well. They have a son, Charlie who is 5. They have put in an offer on a home out here and are very excited to have this opportunity. AS you also know, the Cason family built the green cabin 4 or 5 generations ago, and Robert has come to agreement with the St. John's to maintain the cabin for at least 5 years. I would never attempt to give over the legacy that Joe created here, so I feel very comfortable with my choice. I turned down another offer because I felt it was not in the best interest of Middleton's Fish Camp Park. Robert and Theresa will have the benefit of my knowledge since I am not leaving BCL. My home is here and I have the rental units as well .If you wish t contact Robert, his telephone # is 772- 370-1667. Please call me and let me know what the next step is. Thanks so much for helping me, and thanks for being my friend through many years/ Jeanne Middleton 2 229 September 13, 2016 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 31, 2016 SUBJECT: Office Accommodations for Elected State Officials at the County's Administration Complex FROM: Tim Zorc Commissioner, District 3 Discussion Item: Request for consideration by the Board of County Commissioners to provide office accommodations to newly Elected State Officials at the County Administration Complex. This is a renewal of the offer extended to State Officials originally considered in February, 2013 (see attached). 230 January 22, 2013 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 30, 2013 SUBJECT: Consideration for Office Accommodations for Elected State Officials at the County's Administration Complex FROM: Tim Zorc Commissioner, District 3 I kindly request the Board of County Commissioners' consideration for a discussion on providing office accommodations for Elected State Officials at the County's Administration Complex. TZ:mlp 179 231 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director of Emergency Services FROM: Brian Burkeen, Assistant Chieq�� DATE: September 6, 2016 SUBJECT: Approval of Extension to Agreement for Professional Design and Building Services with Barth Construction, Inc. It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next scheduled meeting. DESCRIPTION: On August 16, 2011, the Board of County Commissioners approved the Master Design/Build Agreement with Barth Construction, Inc., for the renovation and construction of Emergency Services Fire Rescue Stations (RFQ # 2011036). In section 4.1 of the agreement, the Initial Term may be extended by the County for a maximum of three (3) years and the decision to exercise an extension option shall be at the sole discretion of the County. FUNDING: No funding is required to extend the Master Design/Build Agreement. ITEM JAMOUNT Extension of Agreement 1 $0.00 RECOMMENDATION: Staff respectfully recommends the Board authorize a one (1) year extension to the Master Design/Build Agreement with Barth Construction. ATTACHMENTS: 1. Two (2) Original Extensions to Master Design/Build Agreement between Indian River County and Barth Construction, Inc. 2. Master Design/Build Agreement between Indian River County and Barth Construction, Inc. 232 APPROVED FOR AGENDA FOR: LIM E. Prown v dministrator Indian River Co. APP v �D tp / CJS Legal Budget / Dept. Risk Mgr. General Svcs. 233 FIRST EXTENSION TO AGREEMENT FOR PROVIDING PROFESSIONAL DESIGN AND BUILDING SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Extension to the Agreement to provide professional design and building services is entered into effective as of September 13, 2016 by and between Indian River County, a political subdivision of the State of Florida ("County") and Barth Construction, Inc., a Florida corporation, having its principal address at 1717 Indian River Blvd, Suite 202A, Vero Beach Florida 32960 ("Design/Builder"). BACKGROUND RECITALS A. Effective August 16, 2011, the County and the Design/Builder entered into an Agreement for Professional Design and Building Services. B. Article 4 of the Agreement contains the term and renewal provisions. C. Pursuant to the Agreement, the parties desire to renew the Agreement by this Extension. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Design/Builder agree as follows: The background recitals are true and correct and form a material part of this First Extension. The first renewal term shall commence effective as of September 13, 2016 and shall end on September 13, 2017; two additional renewal terms are available beyond this first renewal. All renewal terms are subject to 30 -day termination in accordance with the terms of this Contract. All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed effective the day and year first set forth above. BARTH CONSTRUCTION, INC By (Authorized Signature) (Corporate Seal) Date INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Bob Solari, Chairman, Board of County Commissioners Approved as to form and legal suff' iency: Dylan Reingold, County Attorney Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller 0 Deputy Clerk Approv ?d'� By: Jason E. tro n, County Administrator 234 AGREEMENT TO PROVIDE PROFESSIONAL DESIGN AND BUILD SERVICES W11 INDIAN RIVER COUNTY THIS MASTER AGREEMENT entered into this 16th day of August , 2011, between BARTH CONSTRUCTION, INC., (hereinafter called the "Design/Builder") and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, (hereinafter called the "COUNTY"). BACKGROUND RECITALS WHEREAS, the COUNTY is interested in obtaining professional design and building of two prototype fire stations, the renovation of two existing fire stations and the removal and demolition of any existing fire stations, together with future repairs of fire stations damaged by hurricanes or otherwise; and WHEREAS, in accordance with the Design/Builders' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY has selected Design/Builder to provide professional architecture, site planning, civil, structural and building engineering, related site work for the planning, design and construction or repair, renovation retrofitting and improvement of fire stations for Indian River COUNTY together with demolition and removal of stations; and WHEREAS, the Design/Builder is experienced in providing contractual professional services in these areas; and WHEREAS, the COUNTY and the Design/Builder wish to enter this agreement for the Design/Builders services for these projects; and WHEREAS, in response to the COUNTY's request for qualification, Design/Builder offered their services and expertise to the COUNTY; and WHEREAS, the COUNTY envisions development of a prototype fire station which design and plans will be used substantially the same manor in the construction of all new fire stations, and WHEREAS, each construction project whether it be new construction, remodeling, repair, or demolition will arise from a separate work order or contract; and WHEREAS, this Agreement will serve as the Master Agreement for services provided by the Design/Builder to the COUNTY. 235 NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 All professional services provided by the Design/Builder for the COUNTY shall be identified in Contracts or Work Orders and performed in a timely, efficient, cost effective manner, and in accordance with the current professional standards of applicable discipline. Contracts and Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not to exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the Design/Builder; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Contract or Work Order that does not conflict with the terms of this Agreement. The COUNTY anticipates issuing work orders for repair of the damaged fire stations, and may issue work orders for remodeling some stations. The COUNTY and Design/Builder shall enter into a separate contract for construction of the new buildings. 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the Design/Builder by which the COUNTY accepts Design/Builder's proposal for specific services and Design/Builder indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed. 1.3 Services related to any individual Contract or Work Order which would increase, decrease or which are otherwise outside the scope of services or level of effort contemplated by a Contract of Work Order shall be Services for which the Design/Builder must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Contract or Work Order, and when properly authorized and executed by both the Design/Builder and the COUNTY shall become an amendment to the Contract or Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice -to -Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Contract or Work Order hereunder. 236 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice -to -Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 2 attached to this Agreement and made a part hereof by this reference. 1.6 It is the Intent of the COUNTY to reuse the design, plan and drawings of Design/Buildcr in constructing future fire stations. As such, the COUNTY will rely on Design/Builder to provide a set of plans, which, pursuant to FS §287.055(10) will be capable of reuse by the COUNTY without the need for using the bidding process. The COUNTY understands that Design/Builder shall charge a fee each time the plans are reused under this Agreement. 1.7 The Background Recitals are true and correct and form a material pari of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Design/Builder with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a project. The Design/Builder shall satisfy itself as to accuracy of any data provided. The Design/Builder is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the Design/Builder's attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the Design/Builder to enter upon, public and private property (where required) as necessary for the Design/Builder to perform its Services, upon the timely written request of Design/Builder to COUNTY. 2.3 The Design/Builder shall be responsible for obtaining all permits necessary for a Project and COUNTY shall promptly execute all permit applications. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the 237 Design/Builder, and render in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the Design/Builder's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever famished hereunder, shall not in any way relieve the Design/Builder of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services famished under this agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Design/Builder shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Design/Builder of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Contract or Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Design/Builder; (c) communicate the COUNTY's policies and decisions to the Design/Builder regarding the Services; and (d) determine, initially, whether the Design/Builder is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the Design/Builder whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Design/Builder's Services. If the Design/Builder has been delayed in completing its Services through no fault or negligence of the Design/Builder and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Design/Builder shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Contract or Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY's rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Design/Builder shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Design/Builder's control and through no fault or negligence of the Design/Builder. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Design/Builder 238 shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE DESIGNBUILDER 3.1 The Design/Builder agrees to perform all necessary professional architect services, project design, construction phase services, and other Services in connection with the assigned Project(s) as set forth in the Contracts, Work Orders and in this Agreement. 3.2 The Design/Builder will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the Design/Builder shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The Design/Builder agrees to complete the Project within the time frame specified in the Contract or Work Order. 3.4 The Design/Builder will maintain an adequate staff of qualified personnel. 3.5 The Design/Builder will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to Services performed under this Agreement. 3.6 The Design/Builder, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Design/Builder under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Design/Builder shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The Design/Builder shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Design/Builder to render its Services as described in this Agreement. The Design/Builder shall also require all sub-Design/Builders to comply by contract with the provisions of this section. 239 3.8 When applicable, the Design/Builder will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for an), required federal, state, or local permits. 3.9 The Design/Builder will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The Design/Builder will cooperate and coordinate with other COUNTY Design/Builders, as directed by the COUNTY. 3.11 The Design/Builder shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all designs, drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, designs, drawings, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the Design/Builder for the purpose of this Agreement, are and shall remain the property of the COUNTY but may not be reused without permission of the author. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The Design/Builder will confer with the COUNTY during the further development of repair, renovation, retrofitting, or improvements for which the Design/Builder has provided design Services or other Services, and the Design/Builder will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Design/Builder of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the Design/Builder. 3.14 The DesignBuilder agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The Design/Builder 240 shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The Design/Builder shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the Design/Builder shall cause the names of any architect, engineering, or surveying firms responsible for the major portions of each separate specialty of the Services to inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and specifications, prepared by the Design/Builder pursuant to this Agreement are intended and should be represented to be suitable for reuse by the COUNTY with the Author's permission. The Design/Builder shall not be held liable for any modifications made to the documents by others. 4. TERM; TIME FOR COMPLETION. 4.1 This Agreement shall remain in effect for a term of five (5) years ("Initial Term"), unless otherwise sooner terminated as provided herein. The Initial Term may be extended by the COUNTY for a maximum of three (3) years ("Extension Term"). The decision to exercise an extension option for the Extension Term shall be at the sole discretion of the COUNTY. The Design/Builder shall be notified in writing of the intent to extend the Agreement at least ninety (90) days before the expiration of this Agreement. The Extension Term, if any, is subject to sooner termination in accordance with the terms of this Agreement. 4.2 The time for completion of each Project shall be defined in the Contract or Work order. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Design/Builder a mutually agreed upon lump sum or maximum amount not -to -exceed professional fee for each task in the Contract or Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Contract or Work Order. Duly certified invoices, in triplicate, phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the Design/Builder by 241 the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The Design/Builder acknowledges and agrees that it will not be reimbursed for any travel within Indian River County. Any requests for travel reimbursement for out of county travel shall be preapproved by COUNTY. The Design/Builder shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for Design/Builder's personnel subject to the limitations of Florida Statutes Section 112.061, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. 5.1.2 The COUNTY shall reimburse Design/Builder for all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the Design/Builder of requested changes to the Services under an existing Contract or Work Order, and thereupon the COUNTY and the Design/Builder shall execute a mutually agreeable Contract amendment or amended Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Contract or Work Order at any time and for any reason, upon written notice to the Design/Builder specifying the nature and extent of the reduction. In such event, the Design/Builder shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Design/Builder to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Design/Builder shall resume its Services upon the date specified or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Design/Builder for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 5.5 The COUNTY shall be responsible for payment of any impact fees required under this agreement. 242 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the COUNTY in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Design/Builder to provide, either directly by the Design/Builder or by a subcontractor, such additional services by a new or amended Work Order or by a written amendment to the Contract. 7. INSURANCE AND INDEMNIFICATION. 7.1 The Design/Builder shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Design/Builder shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The COUNTY reserves the right to require additional insurance in future Contracts or Work Orders. The cost of such insurance shall be included in the Design/Builder's fee: 7.2.1 Worker's Compensation: Worker's Compensation as required by the State of Florida. Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 General Liability: Commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $100,000 per occurrence and personal injury coverage of $50,000. 7.2.3 Business Automobile Liability: Owned, hired, and non -owned vehicles at a minimum combined single limit of $100,000 per occurrence and personal injury coverage of $50,000 for bodily injury and property damage and non -owned vehicles. 7.2.4 Professional Liability Insurance: Providing coverage for negligent acts, errors, or omissions committed by Design/Builder with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use, and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 7.2.5 Builders Risk Insurance: This coverage shall be provided by the Design/Builder for the construction of any new building, additions or renovations under the Master Agreement. Coverage shall be "All Risk" with limits equal to 100% of the completed value of the building(s), 243 renovation(s) or addition(s). Design/Builder shall supply this coverage on any new buildings or on renovations or additions to buildings that are unoccupied by the COUNTY. 7.3 Dcsign/Builder's insurance coverage shall be primary. 7.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.6 A Certificate of Insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except Worker's Compensation and Professional Liability. 7.7 The insurance companies selected shall send written verification to the Count), Risk Manager that they will provide thirty (30) days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 Design/Builder shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its 'Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the Design/Builder with separate written notice of such adjusted limits and Design/Builder shall comply within thirty (30) days of receipt thereof. The failure by Design/Builder to provide such additional coverage shall constitute a default by Design/Builder and shall be grounds for termination of this Agreement by the COUNTY. 7.10 The DesignBuilder shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Design/Builder and other persons employed or utilized by the Design/Builder in the performance of this Agreement. To the extent allowed by law, the COUNTY shall indemnify and hold harmless the Design/Builder, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the 244 8. negligence, recklessness, or intentionally wrongful conduct of the COUNTY and other persons employed or utilized by the COUNTY in the performance of this Agreement. TERMINATION 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Design/Builder; or (b) by the Design/Builder, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or (d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the Design/Builder shall be payment for those portions of satisfactorily completed work previously AUTHORIZED BY APPROVED Work Order. Such payment shall be determined on the basis of the hours of work performed by the Design/Builder, or the percentage of work complete as estimated by the Design/Builder and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Design/Builder, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Design/Builder merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Design/Builder agrees to surrender any and all documents prepared by the Design/Builder for the COUNTY in connection with this Agreement, to the extent allowed by law. 8.6 The COUNTY may terminate this Agreement for refusal by the Design/Builder to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Design/Builder in conjunction with this Agreement. 245 8.7 The COUNTY may terminate this Agreement in whole or in part if the Design/Builder submits a false invoice to the COUNTY. 9. TRUTH -IN -NEGOTIATION CERTIFICATE• CONTINGENCY FEES. 9.1 Execution of this Agreement by the Design/Builder shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Design/Builder's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside Design/Builders. The COUNTY shall exercise its rights under this "Certificate" within one (l) year following final payment. The COUNTY has the authority and right to audit Design/Builder's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Florida Statutes, Section 287.055, as it may be from time -to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, Florida Statutes Section 287.055, the Design/Builder warrants that it 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 Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Design/Builder any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this Agreement. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or considerations. 10. MISCELLANEOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Design/Builder or employees or subcontractors of the Design/Builder are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger, Modification. This agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein 246 and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Design/Builder and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 247 10.7 No Pledge of Credit. The Design/Builder shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligations, judgment, lien or any form of indebtedness. 10.8 Public Records. The Design/Builder shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by the Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: COUNTY: Indian River County Attn: John King, Director of Emergency Services 422543 d Avenue Vero Beach, FL 32967-1671 Phone: (772) 226-3859 Facsimile: (772) 978-1833 Desim/Builder: Phil Barth Barth Construction, Inc. 1717 Indian River Boulevard, Suite 202A Vero Beach, FL 32960 Phone: (772) 778-3072 Facsimile: (772) 770-3017 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Design/Builder shall survive the expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any 248 variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Design/Builder: By: 94�� Date: Approved: eph A. Baird LINTY Administrator Approved as to form and legal sufficiency: illiam K. DeBraal Assistant COUNTY Attorney INDIAN RIVER COUNTY Board of County Commissioners By:�1.�1�a Bob Solari, Chairman Date: Approved by BCC Attest: J. K. Barton, Clerk Deputy Clerk 249 illBARTH General Contractor Rate Schedule - August 2011 Project Executive Project Manager Assistant Project Manager Project Superintendent Assistant Superintendent Accounting Clerical/Administration Black and White Copies Subcontractors & Materials Special Consultants Arch itect CADD Designer 2436 Prints $150.00 per hour $100.00 per hour $85.00 per hour $75.00 per hour $55.00 per hour $60.00 per hour $45.00 per hour $0.20 per sheet @1.15 times direct cost @1.15 times direct cost $125.00 per hour $65.00 per hour $1.50 per page 1717 Indian River Boulevard * Suite 202A * Vero Beach, Florida 32960 (772) 778-3072 * Fax (772) 770-3017 * E -Mail inf2�i:vNrQvconsiruclion.coin CGCO07847 250 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director1 ' Department of Eme y S ces FROM: Brian S. Burkeen, Assistant Chief DATE: September 13, 2016 SUBJECT: Approval of FY 2016/17 EMS County Awards Grant: Purchase of Capital/Operating Equipment Using Non -Matching EMS Grant Funds and Grant Resolution It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS: The Department of Health, Bureau of Emergency Medical Services (EMS), is authorized by Chapter 401, Part II, Florida Statutes, to distribute county grant funds. The funds are then made available to eligible county governments to improve and expand their prehospital emergency medical services. The grant program is an innovative process, which enables EMS agencies to enhance EMS systems through the Board of County Commissioners. It should be noted that the grant conditions require the County to ensure that the EMS grant funds will not be used to supplant or replace any existing EMS budget allocations and the resolution must include a statement to that effect. The grant conditions also require a separate accounting of the EMS funds from all other funds. Historically, the County Awards Grant has been used to purchase medical related equipment or equipment that will assist in the delivery of the service. ALTERNATIVES AND ANALYSIS: The county grant funds are derived from surcharges on various traffic violations. Funding in the amount of $21,867.00 has been allocated to Indian River County for FY 2016/17. The grant funds will be utilized as indicated in the grant application for equipment and services to improve and expand the Advanced/Basic Life Support EMS prehospital system. The equipment proposed and justification for purchase in the expenditure plan is as follows: Mobile Software APP: Purchase of TrackEMS Mobile Software APP to allow for electronic patient notification to the hospital's and meet the requirements for Florida Administrative Code (FAC) 64J-1.014(3) initial report to the Emergency Department for emergency responders of 911 callers. 251 FUNDING: ITEM I GRANT AMOUNT EMS County Awards Grant 1 $21,867.00 No local funds are utilized in the execution of this grant. These grant dollars are from allocated monies through surcharges on certain traffic violations. RECONUgENDATION: Staff recommends approval of the FY 2016/17 EMS Grant and resolution to purchase the equipment and services as noted in the attachments. Staff further recommends that the Board of County Commissioners authorize the chairman to execute the necessary documents to obtain funds from the Department of Health in the amount of $21,867.00 and authorize budget amendments, as required, to receive and expend the grant funds. In order to comply with the requirements of this Grant, staff is seeking authorization for the establishment of a unique accounting code designator for all County Awards Grant deposits, disbursements, interests accrual and rollover of funds, as they are required to be maintained in a separate fund or account for inspection by the State EMS Monitoring and Compliance Unit. ATTAC)E WNTS: Grant Form Copy of Grant Application Resolution APPROVED FOR AGENDA FOR: Sep te 13, 20 BY: Jason E Bro n, County Administrator Indian River Co. Ap Da Lnal Budget . I• i Risk Mgr. General Svcs. 252 GRANT NAME: EMS County Grant AMOUNT OF GRANT: $21,867.00 DEPARTMENT RECEIVING GRANT: Fire Rescue GRANT # C50 CONTACT PERSON: Brian Burkeen TELEPHONE: 772-226-3864 1. How long is the grant for? 1 Year Starting Date: September 13, 2016 2. Does the grant require you to fund this function after the grant is over? _Yes No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes No 4. Percentage of match to grant 0 % 5. Grant match amount required S 0 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? N/A 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs: (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) X Yes No Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 1 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs $21,867.00 $21,867.00 Total $ 21,867.00 Second Year $ $ $ $ Third Year $ 10. What is the estimated cost of the grant to the county over five years? $ First Year Grant Amount $ 21,867.00 Other Match Costs Not Covered $ 0.00 Match $ 0.00 Total $ 21,867.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: August 31, 2016 253 EMS COUNTY GRANT APPLICATION FLORIDA DEPARTMENT OF HEALTH Emergency Medical Services Program HEALTH Complete all items ID. Code (The State EMS Program will assign the ID Code leave this blank) C50 1. County Name: Indian River County -- Business Address: 180027' Street Vero Beach, FL 32960 Telephone: 772-226-3900 Federal Tax ID Number Nine Digit Number VF 59-60006764 — -edam aluvn: t i ne appncant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct. My signature acknowledges and assures that the County shall comply fully with the conditions outlined in the Florida EMS County Grant Application Signature: Date 09/13/2016 rimieu rvame: tsoD JOlan Position Title. Chairman, Board of County Commissioners 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and has responsibility for the implementation of the grant activities This person is authorized to sign project reports and may request project changes The signer and the contact person may be the same ) Name Brian Burkeen Position Title Assistant Chief Address 4225 43'd Avenue i Vero Beach, FL 32967 Telephone: 772-226-3864 Fax Number772-226-3868 E-mail Address: bburkeen irc ov.com 4. Resolution: Attach a resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre -hospital EMS system and will not be used to supplant current j levels of county expenditures. We cannot process for funds without a current resolution 5. Budget: Complete a budget page(s) for each organization to which you shall List the organization(s) below (Use additional pages if necessary) Indian River County Fire Rescue provide funds DH 1684. December 2409 Rd Ti n1c; rr n r 254 BUDGETPAGE A. Salaries and Benefits: For each position title, provide the amount of salary per hour, FICA per hour, other fringe benefits, and the total number of hours. Amount TOTAL Salaries = $ 0.00 TOTAL FICA & Other Benefits = Total Salaries & Benefits = $ 0.00 B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an - agency, such as, commodities and supplies of a consumable nature excluding expenditures classified C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life of one (1) vear or more. List the item and, if applicable, the quantity Amount TrackEMS Mobile APP 21,867.00 DH 1684, December Total Veh. & Equipment = I $21,867.0 2 255 FLORIDA DEPARTMENT OF HEALTH EMERGENCY MEDICAL SERVICES (EMS) GRANT SECTION REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2) (a), Florida Statutes, the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre -hospital EMS. DOH Remit Payment To: The agency name and mailing address must be in the state MyFloridaMarketPlace (MFMP) system. Name of Agency: Indian River County Board of County Commissioners Mailing Address: 1800 27" Street Vero Beach, FL 32960 Federal Identification number: VF 59-60006764 Authorized County Official: 09/13/2016 Signature Date Bob Solari, Chairman Board of County Commissioners Type or Print Name and Tale Sign and return this page with your application to.- Florida o: Florida Department of Health Emergency Medical Services Section, Grants 4052 Bald Cypress Way, Bin A-22 Tallahassee, Florida 32399-1722 Do not write below this line. For use by State Emergency Medical Services Program Grant Amount for State to Pay: $ Approved B% Sicnature of State EMS Grant Officer State Fiscal Year: 2016 - 2017 Organization Code E.Q.. OCA 64-61-70-30-000 05 SF005 Federal Tax ID: \'F Grant Beginning Date: DH 1767P, December 2008 Grant ID: Code: C50 Obaect Code 750000 Grant Ending Date: 64J-1.015, F A.C. 3 Date Cat "orn 059998 256 RESOLUTION NO. 2016- A RESOLUTION OF THE EMERGENCY SERVICES DISTRICT BOARD OF COMMISSIONERS, INDIAN RIVER COUTY, FLORIDA, AUTHORIZING THE APPLICATION FOR FUNDING COUNTY EMERGENCY MEDICAL SERVICES (EMS) GRANT AWARDS TO BE SUBMITTED TO THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES. WHEREAS, The Florida Department of Health, Bureau of Emergency Medical Services announced that applications for funding County Emergency Medical Services (EMS) Grant awards are now being accepted and a grant application has been prepared for Indian River County; and WHEREAS, an application for grant funds for fiscal year 2016/17 has been prepared by the County; and NOW, THEREFORE, BE IT RESOLVED BY THE EMERGENCY SERVICES DISTRICT BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman is authorized to sign and execute the application for EMS grant funds certifying that monies from the EMS Grant Program For Counties will improve and expand the County's pre -hospital EMS system and that the funds will not be used to supplant existing County EMS budget allocations. The foregoing Resolution was offered by Commissioner Who moved its adoption. The motion was seconded by Commissioner vote, the vote was as follows: Chairman, Bob Solari Vice Chairman, Joseph E. Flescher Commissioner Tim Zorc Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan and, upon being put to a The Chairperson thereupon declared the resolution duly passed and adopted this thirteenth day of September, 2016. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and sufficiencwx ..i By William K. E$eBraal Assistant County Attorney EMERGENCY SEVICES DISTRICT BOARD OF COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Bob Solari, Chairman 257 f /=-cam- INDIAN RIVER COUNTY T g o SOLID WASTE DISPOSAL DISTRICT lO?/ BOARD MEMORANDUM Date: September 1, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Thru: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District•M Prepared By: Stephanie C. Fonvielle, Recycling Education and Marketing Coordinator, SolidQ3F- Waste Disposal District Subject: Request Approval for a Residential Paper Shredding Event on November 19, 2016 DESCRIPTIONS AND CONDITIONS: In April 2015, SWDD hosted a successful Residential Paper Shredding Event at the Indian River Mall. Over 250 cars attended the event, 12,600 lbs of paper were diverted from the landfill, and the feedback from the residents was extremely positive. Residents have been calling the landfill to inquire if SWDD will offer another paper shredding event in the future. Shredded paper is not accepted in the curbside recycling program, and we believe the paper collected at last year's event represents a large amount of material that would otherwise have been buried in the landfill. In light of last year's success, SWDD would like to host another paper shredding event on November 19th, 2016, in conjunction with America Recycles Day. SWDD would also like to host a second paper shredding event on April 8th, 2017 in conjunction with Earth Day and the tax season. ANALYSIS: SWDD staff received offers from three vendors for the fall event, all of which assured staff that any paper collected at the event would be recycled. Progressive Document Destruction was an excellent vendor at last year's event and offered a rate of $1,200 for 3 hours of service, 2 shredding trucks and a capacity of 23,000 lbs. All Points Mobile Shredding offered a similar capacity, but lowered their price to $1,110 for 3 hours, and 2 shredding trucks. Southeast Secure Shredding, a locally owned and operated company, offered to host a 5 -hour paper shredding event at their facility at no cost to the county. County staff recommends using Southeast Secure Shredding and hosting the paper shredding event on November 191h from 9 am to 2 pm at their facility at 3910 US -1 in Vero Beach. Hosting the event at Southeast Secure Shredding's facility would familiarize residents with a local shredding company that they could utilize throughout the year. The facility would be able to accommodate well over the estimated 20,000 lbs of capacity, and there would be no liability risks to the county as Southeast Secure Shredding is fully insured. The day of the event, residents would be allowed 3 boxes of paper to be shredded and recycled free of charge. All sensitive documents would be transported from the resident's vehicle to the shredder inside SWDD Agenda Request Approval for a Paper Shredding Event - Rev 1 Standard Page — 1 — 258 the facility. Residents who wish to see their documents being destroyed will be able to pull off to the side and, from their vehicle, watch a live feed of their papers being shredded inside the building. The shredding facility is located in a business plaza off of US 1 just south of 41' Street. There are other businesses in the plaza, most of which are closed on Saturdays. As a courtesy, SWDD staff and Southeast Secure Shredding staff visited each store to discuss any concerns regarding how the event could affect their business. The feedback was very positive. Those who were open on Saturday were not concerned for their business and several owners were glad for the publicity. Traffic would be routed in a unidirectional loop that should be able to accommodate over 40 cars before impeding on US 1. There will be cones, signs and volunteers from Keep Indian River Beautiful (KIRB) to help direct and mediate traffic flow. The 5 -hour timeframe may also help alleviate traffic congestion, enabling residents to be serviced quicker. Hosting a paper shredding event would capture a recycling commodity that would otherwise be buried in the landfill, as well as provides an opportunity to interact with local residents about proper recycling habits. During the event, staff will pass out reusable bags filled with recycling information, giveaways, and brochures for Southeast Secure Shredding and KIRB. SWDD would promote the event by placing ads in various papers and radio stations, handing out flyers, and sending out email notifications through the Vero Beach Flash and KIRB newsletters. SWDD staff would also like to host another paper shredding event on April 81h, the weekend before Easter in recognition of Earth Day. The times and location of the spring event are yet to be determined; however, staff would like to include the April 8th date in our advertisements to begin promoting the spring paper shredding event. FUNDING: There is no funding required for the paper shredding event on November 19, 2016. RECOMMENDATION: Staff recommends the SWDD Board authorize hosting the Paper Shredding Event at the Southeast Secure Shredding paper shredding facility on November 19th, 2016 from 9 am to 2 pm in recognition of America Recycles Day. SWDD also recommends hosting another paper shredding event on April 81, 2017 in conjunction with Earth Day, times and locations to be determined. ATTACHMENT: 1. Certificate of Insurance for Southeast Secure Shredding 2. Map of Southeast Secure Shredding's Location APPROVED FOR AGEN A: By: Jason E. B own, County Administrator For: Date SWDD Agenda Request Approval for a Paper Shredding Event - Rev I Standard Page — 2 — 259 EW7-AMU]0 ©EM SWDD Agenda Request Approval for a Paper Shredding Event - Rev I Standard Page — 2 — 259 R s CERTIFICATE OF LIABILITY INSURANCE DATE (NMWOA'YYYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certdicate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must be endorsed. It SUBROGATION IS WAIVED, sub)ect to the terra and conditions of the policy, certain policies may require an endorsement A statement on this certifkats does not confer rights to the certificate holder In lieu of such andorsementls). PRODUCER Tom Collins Insurance Agency, Inc. 1555 Indian Rlver Blvd, Suite 130 Vero Beach, FL 32960 License #: A051876 INSURED Southeast Secure Shredding, Inc. 3910 Us Highway 1 Vero Beach, FL 32960-1551 COVERAGES CERTIFICATE NUMBER- QCVlelnu All I.uneo. . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N07 M KSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Tm OF INsuRANcE ANINDONYM Laan A COMMVtCUL GENERAL uAwry CLAIMSMADE a ! AGL0017880-01 10/01/2015 10MI2016 EACs OCCURRENCE S 11000,000 s 100.000 MED W (" am parson) S 10 i PERSONAL i AW NAM S 1,000,000 OENL AOOREOATE uWT APPLIES PER Pouc, :1 7Fr F7 LOC GENERAL AOGREWE S 2,000,000 ORODUCTS - COMPIOP AGO S 1,000,000 OTIHIER S B AUUMA0NAUABL'TY BA090000006825 1oro112o15 101011201E SINGLE U11111171S 300-000 ANY AUTO AUTOS D ' f.REDAUTOS AUTOS i BODILY KAItY (Per meson) S BODILY KAJRt- W OWO.M S S s ! umeN LA uAsOCCUR I L EACH URRENCE lS wmm UAe AGGREGATE S j i s CWIDIIIJUIRSAM W � ANY MDPRIlTOR1PARTNERiIXECUTVE Y N OFFICEIIa1tHlaalr OCCIUDEDo � � M N j If y". d"abe Www RATK)KS bogy, N / A 10653215 1010112015 I 101011201E X r. El EACM ACCIDENT S 100,000 Eel DISEAIE • EA j!n:2M S 100,000 .l DISEASE • POUCY LIwr f 600 000 D i Dishonesty Bond W150179271 ± 1212012015 121201201E Dishonesty 10,000 DtSCRUnION OF OPERATIONS I LOCATIONS I VEHICLES IABD /M, A/46WA Aomaa BA1rAs., may M d1.NIM N Teri op"o Is IeWak") Insured Copy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXMRAT "DATE THEREOF, NOTICE WILL allDELiVERIM IN ACCORDANCE NRTH THE POLICY PROVISIONS. AUTmorj D RI PREEENTATPA Sa T>i1I8-TVT4 AL:VKU I,.VKt'VKA I IVIY. All ngnra reserywa. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Printed by SMP on June 03. 2016 a'. 09:52AM 260 v a b b J. se CL s t tp Indian River Gifford Aquatic Gifford » 7 d T. �7 41st St 1st St a Southeast Secure IShredding Inc Vero Beach Regional Airport 20th St P'w0%, v�da Tax Collector's ia of Indian River Cj t -- 201h St Vero Beac 6051 I_.J Vero Beach High w r, Date: September 1, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services® Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District . Subject: Summary of Responses to the Request for Information (RFI#2016039) for Solid Waste Processing and Recycling Services DESCRIPTIONS AND CONDITIONS: On December 16, 2014, the Solid Waste Disposal District (SWDD) directed staff to undertake a feasibility study regarding a Mixed Waste Processing (MWP) facility in Indian River County, including exploring the availability of public/private partnerships to help with financing, with the goal of moving the County towards achieving the State's 75% recycling goal by 2020. On January 6, 2015, the SWDD Board approved Work Order No. 2 to Kessler Consulting, Inc. (KCI) in the amount of $50,950. Task 1 consisted of an initial feasibility evaluation of select vendors followed by a competitive procurement process in Task 2. On May 19, 2015, staff provided an update on Work Order No. 2 which summarized the efforts of Task 1 and provided a framework for the procurement process in Task 2. The SWDD Board directed staff to proceed with the procurement process to allow for the inclusion of out -of -county waste and not allow a mass -burn facility. Subsequently, in order to minimize costs, staff directed KCI to focus more on a Request for Information (RFI) effort rather than a Request for Proposal effort (RFP). On May 22, 2016, with assistance from KCI, staff issued RFI#2016039 regarding solid waste and recyclables processing and disposal services. The Indian River County Purchasing Department received 12 submittals on July 21, 2016. The 2014 update to the County's Solid Waste Management Plan (Master Plan) outlines a three phased approach to assist the County in charting a path toward achieving the State's 75% recycling goal. Phase 1 recommends an RFI/RFP process to identify and evaluate companies interested in developing a waste processing system that maximizes waste diversion from disposal and is financially viable to SWDD. The subject RFI was conducted to determine whether sufficient interest and potentially feasible and cost-effective technologies exist to warrant conducting a full Request for Proposals (RFP) procurement process. Related to this process are three key contracts between SWDD and various private vendors: 1. Landfill and Customer Convenience Center Agreement with Republic Services — This agreement expires on December 31, 2017 with an option to renew for an additional 7 SWDD Agenda - Summary of Responses to Request for Information #2016039 Rev 1S Page 1 of 3 262 �• INDIAN RIVER COUNTY o SOLID WASTE DISPOSAL DISTRICT ( `� BOARD MEMORANDUM Date: September 1, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services® Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District . Subject: Summary of Responses to the Request for Information (RFI#2016039) for Solid Waste Processing and Recycling Services DESCRIPTIONS AND CONDITIONS: On December 16, 2014, the Solid Waste Disposal District (SWDD) directed staff to undertake a feasibility study regarding a Mixed Waste Processing (MWP) facility in Indian River County, including exploring the availability of public/private partnerships to help with financing, with the goal of moving the County towards achieving the State's 75% recycling goal by 2020. On January 6, 2015, the SWDD Board approved Work Order No. 2 to Kessler Consulting, Inc. (KCI) in the amount of $50,950. Task 1 consisted of an initial feasibility evaluation of select vendors followed by a competitive procurement process in Task 2. On May 19, 2015, staff provided an update on Work Order No. 2 which summarized the efforts of Task 1 and provided a framework for the procurement process in Task 2. The SWDD Board directed staff to proceed with the procurement process to allow for the inclusion of out -of -county waste and not allow a mass -burn facility. Subsequently, in order to minimize costs, staff directed KCI to focus more on a Request for Information (RFI) effort rather than a Request for Proposal effort (RFP). On May 22, 2016, with assistance from KCI, staff issued RFI#2016039 regarding solid waste and recyclables processing and disposal services. The Indian River County Purchasing Department received 12 submittals on July 21, 2016. The 2014 update to the County's Solid Waste Management Plan (Master Plan) outlines a three phased approach to assist the County in charting a path toward achieving the State's 75% recycling goal. Phase 1 recommends an RFI/RFP process to identify and evaluate companies interested in developing a waste processing system that maximizes waste diversion from disposal and is financially viable to SWDD. The subject RFI was conducted to determine whether sufficient interest and potentially feasible and cost-effective technologies exist to warrant conducting a full Request for Proposals (RFP) procurement process. Related to this process are three key contracts between SWDD and various private vendors: 1. Landfill and Customer Convenience Center Agreement with Republic Services — This agreement expires on December 31, 2017 with an option to renew for an additional 7 SWDD Agenda - Summary of Responses to Request for Information #2016039 Rev 1S Page 1 of 3 262 years. SWDD has to notify Republic Services by December 31, 2016 of its intent to renew or not renew the agreement. 2. Single Stream Recyclables Transportation and Processing Agreement with Tropical Recycling — This agreement expires August 31, 2020 with an option to renew for an additional 2 years. SWDD has to notify Tropical Services 180 days prior to the expiration of the current term. 3. Yard Waste Processing with INEOS New Planet BioEnergy (INPB) — This agreement expires on July 14, 2031. ANALYSIS: As approved by the County Administrator, a review committee consisting of Michael Smykowski, Budget Director, Vincent Burke, Utilities Director and Himanshu Mehta, SWDD Managing Director, along with the input and attached technical memorandum from KCI met to discuss the RFI responses. The 12 submittals received offer a range of technologies: ➢ Mixed waste processing — 3 submittals ➢ Gasification —1 submittal ➢ Pyrolysis — 1 submittal ➢ Biosolids and organics — 2 submittals ➢ Transfer station -based plan —1 submittal ➢ Status quo —1 submittal ➢ General information; not specific to Indian River County — 3 submittals Overall, there is private sector interest in working with SWDD; however, the responses varied in terms of proven technology, experience, the type of materials that would be processed and the associated diversion rates. Based on the tonnage requirements of some vendors it is most likely that out -of -county waste would need to be imported to Indian River County. In terms of financial information, some respondents did not provide any information and if they did they indicated it was preliminary and non-binding. Respondents indicated that they would finance the capital costs which ranged from $4-$10 million for a transfer station option, to $43-$83 million for a mixed waste processing facility to $92-$164 million for an energy recovery facility. The proposed tipping fees ranged from $40 to $63 per ton which are significantly higher than current operating costs. Staff supports KCI's recommended approach which is to develop and implement a formal Request for Proposal procurement process to obtain firm/binding proposals that will allow SWDD to fully explore whether any of these diversion technologies are practical and cost effective for Indian River County. FUNDING: Funding for Work Order No. 2 is available in the Engineering Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. Currently, both Task 1 and Task 2 of Work Order No. 2 are complete and the project is under budget by approximately $17,000. It is anticipated that additional funding will be required if the Board approves staff recommendation to proceed with an RFP process. Staff will return with an amendment to Work Order No. 2 for approval at a future meeting. SWDD Agenda - Summary of Responses to Request for Information #2016039 Rev 1S Page 2 of 3 263 RECOMMENDATION: SWDD staff recommends that its Board authorize staff to begin a formal Request for Proposal process. ATTACHMENT(s): 1) Technical Memorandum — Kessler Consulting, Inc. APPROVED FOR AGENDA: By: _( C�-' Jason E. to n, County Administrator For: September 13, 2016 Indian River Co. App Date Administration Legal Budget S q,--)- SWDD SWDD-Finance — Purchasing RI SWDD Agenda - Summary of Responses to Request for Information #2016039 Rev 1S Page 3 of 3 264 Fall and Spring Paper Shredding Events Solid Waste Disposal District Stephanie Fonvielle Recycling Education and Marketing Coordinator NONNIM.- September 13t', 2016 Previous Paper Shredding Event Previous Event Details April 2, 2016 Indian River Mall 10 amto1pm Progressive Document Destruction provided 2 onsite shredding trucks Huge Success! 250 Cars 12,600 Ibs of paper recycled 250 Cars & Over 200 Bags pdinq nci e -6341 � Y 9/132016 1 Propose Hosting a Paper Shredding Event Event Details Nov. 19, 2016 Southeast Secure Shredding Facility (Address: 3910 US -1, Vero Beach) 9amto2pm Up to 3 boxes of shredded for free Other Considerations Locally owned and operated company Sufficient room for traffic No liability risks to the county Received consent from neighboring businesses —11 €ort, 1f, Propose Hosting a S�ring Paper Shredding Event Event Details April 8, 2017 i tate r �,, Time and Location: TBD .�; _. Recommendation Staff recommends the SWDD Board authorize hosting the Paper Shredding Event at the Southeast Secure Shredding paper shredding facility on November 19th, 2016 from 9 am to 2 pm in recognition of America Recycles Day. SWDD also recommends hosting another paper shredding event on April 8th, 2017 in conjunction with Earth Day, times and locations to be determined. 9/13, X1016 N E'ER\ Summary of Responses to the Request for Information (RFI#2016039) for Solid Waste Processing and Recycling Services September 13, 2016 Board Meeting 'OLL Witk Us ... RECYCLE! BACKGROUND / TIMELINE 1. On December 16, 2014, the SWDD Board directed staff to undertake a feasibility study regarding a Mixed Waste Processing (MWP) facility in Indian River County, including exploring the availability of public/private partnerships to help with financing, with the goal of moving the County towards achieving the State's 75% recycling goal by 2020. 2. On January 6, 2015, the SWDD Board approved Work Order No. 2 to Kessler Consulting, Inc. (KCI) in the amount of $50,950. Task 1 consisted of an initial feasibility evaluation of select vendors followed by a competitive procurement process in Task 2. 3. On May 19, 2015, staff provided an update on Work Order No. 2 which summarized the efforts of Task 1 and provided a framework for the procurement process in Task 2. The SWDD Board directed staff to proceed with the procurementprocess to allow for the inclusion of out -of -county waste and not allow a mass -burn facility. Subsequently, in order to minimize costs, staff directed KCI to focus more on a Request for Information (RFI) effort rather than a Request for Proposal effort (RFP). 4. On May 22, 2016, with assistance from KCI, staff issued RFI#2016039 regarding solid waste and recyclables processing and disposal services. The Indian River County Purchasing Department received 12 submittals on July 21, 2016. VC0.E O's", f FS 75 in 5 RECYCLE! Us. ase RFCYCLINGB( >l�O'"'L � W't 9/16/2016 1 RFI RESPONSE ANALYSIS The 12 submittals received offer a range of technologies: • Mixed waste processing — 3 submittals ($43-$83 million) • Gasification — 1 submittal. • Pyrolysis — 1 submittal ' ------------ ($92-$16 Million) • Biosolids and organics — 2 submittals No pricing provided • Transfer station -based plan —1 submittal ($4-$10 Million) • Status quo —1 submittal No pricing provided • General information; not specific to Indian River County — 3 submittals • No response from INPB and Indian River Recyclers (private C&D facility across from the landfill) • The proposed tipping fees ranged from $40 to $63 per ton which are significantly higher than current operating costs. KEY DECISION FACTORS 1. Landfill and Customer Convenience Center Agreement with Republic Services — This agreement expires on December 31, 2017 with an option to renew for an additional 7 years. SWDD has to notify Republic Services by December 31, 2016 of its intent to renew or not renew the agreement. 2. Single Stream Recyclables Transportation and Processing Agreement with Tropical Recycling — This agreement expires August 31, 2020 with an option to renew for an additional 2 years. SWDD has to notify Tropical Services 180 days prior to the expiration of the current term. 3. Yard Waste Processing with INEOS New Planet BioEnergy (INPB) — This agreement expires on July 14, 2031. 11,,,'ROLL Witk Us ... RECYCLE! 9/16/2016 PA Update on INFINITUS Montgomery, Alabama Facility • Phase I was $35M & Phase II was $5.5M for a total project cost of $40.5M. The facility was designed to process 225,000 tons/year of MSW through an Advanced Mixed Materials Recovery Facility and Anaerobic Digestion to achieve 60%-75% recovery. • Phase III was planned at a cost of $20M -$35M range to create an engineered fuel product and achieve up to 85% recovery. • SWDD staff visited the facility in May 2014 and found it to be in good working condition producing high quality of recyclables. • The facility closed in October 2015 due to the decline in commodity prices for recyclables. F D E P 2015 SOLID WASTE Pinel ass Calendar Y89%* MANAGEMENT REPORT Hallsbo ough Beach 22%* Lee 69%* 1. On its way to a 75% recycling rate by 2020, Florida's Pasco 65%* recycling rate in 2015 was 54%, meeting the 50% Collier 63%* target rate specified in Florida statute. Twenty Alachua 61%* counties are leading the way with 2015 recycling Monroe 61%* rates reaching and exceeding the 50% Interim Sarasota 61% Recycling Goal. Charlotte 60% Brevard 59% 2. 10 out of the 20 counties that achieved 50% recycling Martin 58% rate or higher have some form of Gas to Energy, Marion 57%* Waste to Energy or other Renewable Energy St. Lucie 57% Broward 54%* technology. Leon 54% 3. Indian River County is ranked 24th out of 67 counties Citrus 52% in terms of our adjusted overall recycling rate. We orange 52% expect our 2016 recycling rate to go up due to the Manatee 52% success of our single stream recycling program. Duval 50% Indian River 34% * Gas / Waste to Energy or Other Renewable Energy 9/16/2016 W 9/16/2016 9/16/2016 STAFF RECOMMENDATION This RFI confirms the private sector's interest in working with Indian River County. However, we did not request or receive any firm offers to evaluate at this time. If we consider optimizing landfill and Customer Convenience Center operations while trying to obtain higher diversion rates, then 1. SWDD staff recommends that its Board authorize staff to create a formal Request for Proposal for mixed -waste, recyclables, organics and/or C&D processing. It is anticipated that additional funding will be required if the Board approves staff recommendation to proceed with an RFP process. Staff will return with an amendment to KCI Work Order No. 2 for approval at a future meeting. kessler consulting inc. innovative waste solutions TECHNICAL MEMORANDUM DATE: August 10, 2016 TO: Vincent Burke, Utilities Director Himanshu Mehta, SWDD Managing Director FROM: Robin Mitchell, Director of Technical Services SUBJ: RFI #2016039 for Solid Waste and Recyclables Processing and Disposal Services — Submittal Review PROJ #: 73-05.00 On May 22, 2016, Indian River County (County), with assistance from Kessler Consulting, Inc. (KCI), published a Request for Information regarding Solid Waste and Recyclables Processing and Disposal Services (RFI #2016039). Twelve RFI submittals were received by the July 21, 2016 deadline. This technical memorandum provides a summary of KCI's review of the submittals and also provides suggested next steps. Background The 2014 Update to the County's Solid Waste Management Plan (Master Plan) outlines a three- phase approach to assist the County in charting a path toward achieving the State's 75% recycling goal. Phase 1 recommends an RFI/RFP process to identify and evaluate companies interested in developing a waste processing system that maximizes waste diversion from disposal and is financially viable to the County. The subject RFI was conducted to determine whether sufficient interest and potentially feasible and cost-effective technologies exist to warrant conducting a full Request for Proposals (RFP) procurement process. Of relevance to this discussion are the following existing service contracts between the Indian River County Solid Waste Disposal District (SWDD) and various private vendors: Landfill operating contract with Republic Services — expires December 31, 2017 with option to renew for seven years. This contract is to operate SWDD's 600 -acre landfill facility and five Customer Convenience Centers (CCCs). Operations at the facility include Class I waste disposal, C&D debris disposal, landfill gas management, recyclable materials transfer operations, temporary storage of household hazardous waste, and scrap metal and waste tire management. The County has to notify Republic Services of its intent to renew or not renew the contract by December 31, 2016. !o�U N Nebras,a : c., Blu6 D, Tampa, i i --� 43 1 Tel 8.-,5, .8333 1 Fax S1�7abbe 1 V.VVW.kes«nstr; c.rn q. . .. �- �':.�. � �: F� �`. 4,Dm Bt��>; 1',? w.:•n�tt;l fir r_. �: i 265 RFI 112016039 Submittal Review, 1 8/10/2016 1 Page of • Recyclables processing contract with Tropical Recycling — expires August 31, 2020. Tropical Recycling transports single stream recyclables and processes them at its facility in Ft. Pierce. Vegetative waste processing with INEOS New Planet Bioenergy (INEOS) — expires 2031. INEOS receives and processes all vegetative waste received by SWDD using a mulching and gasification process. Submittals The 12 submittals received offer a range of technologies. These technologies are listed below; additional information about the submittals is provided in the attachment. • Mixed waste processing — 3 submittals • Gasification —1 submittal • Pyrolysis —1 submittal • Biosolids and organics — 2 submittals • Transfer station -based plan —1 submittal • Status quo —1 submittal • General information; not specific to Indian River County — 3 submittals The submittals varied in the level of detail provided. Outlined below are several key questions posed in the RFI. Proven Technology and Experience: While respondents all claim to have experience with their proposed technologies, a number of them do not operate commercial -scale facilities using those technologies. For some technologies, such as pyrolysis, we are not aware of a commercial -scale facility currently operating in North America. For other technologies, such as mixed waste processing, commercial -scale facilities exist that are operated by numerous other vendors who did not respond to the RFI. Materials: Some submittals targeted only certain waste streams, such as biosolids and organic materials, while others targeted all Class I waste (essentially all non -bulky municipal solid waste). Only one submittal addressed construction and demolition (C&D) debris, and proposed floor sorting this material. Diversion: For those submittals that provided this information, diversion rates ranged from 50% to 98%. It should be noted that these diversion rates would apply only to the waste processed by that technology. Because some of the proposed facilities would not process the entire County waste stream (e.g., C&D debris), the diversion rates provided in the submittals would not necessarily equate to the system -wide diversion rate that would be realized by the County. • Out -of -County Waste: Most submittals did not address this directly, but several based facility size on annual tonnage that exceeded the County's annual tonnage. Therefore, bringing in out -of -county waste is likely envisioned by some respondents. • Financial Proposal: Some respondents did not provide any financial information. Of those that did provided financial information, they made it clear that this was preliminary, non- binding information only. Facility capital costs ranged from $4-10 million (transfer station) to $43-83 million (mixed waste processing) to $92-164 million (energy recovery facilities). kessler consulting inc. innovative waste solutions 266 RF1 #2016039 Sucn•tttal Review 18/10/2016 1 Page 3 of 3 Most indicated that capital costs would be borne by the vendor. Proposed processing fees for Class I waste ranged from $40-63 per ton. Fees for other waste streams varied. Suggested Next Steps The RFI was not intended to provide definitive information, but rather to gain an understanding of the level of interest of private sector companies in working with the County and the types of technologies they propose utilizing. Based on the number of submittals received, there clearly appears to be private sector interest. We believe the logical next step is to conduct an RFP process to more fully explore whether any of these diversion technologies are practical and cost-effective for Indian River County. However, the County should be aware that the overall cost of any system that substantially increases waste diversion will likely be greater than simply landfilling the waste. To ensure an integrated solution and to maximize interest in partnering with the County, we suggest that the RFP incorporate all services including landfill and CCC operations, as well as material processing and marketing. The RFP should be carefully structured so that the cost of each service is clearly defined and evaluation points are allocated based on the County's priorities. We appreciate the opportunity to assist with this RFI process and would be happy to respond to any questions you might have regarding our review of the RFI submittals and suggested next steps. Attachment kessler consulting inc. innovative waste soba ons 267 ATTACHMENT INDIAN RIVER COUNTY RFI #2016039: SOLID WASTE AND RECYCLABLES PROCESSING AND DISPOSAL SERVICES SUMMARY OF SUBMITTALS Provided below is a summary of submittals received, organized by technology. Key information requested of vendors is provided. All information is based on vendor submittals; no information has been independently validated. N IRC/ProcessingAlternatives/Submittals/Submittal Summary kessler consulting inc. 011 00 Brief Description Facility in N. America Minimum Tonnage Diversion Rate Jobs Capital Costs Financial ProposalVendor Mixed Waste Processing 1 Columbia Technology Inc. Onsite construction of facility: MinIMRF facilities listed Commit all SWDD 50%; 62 FTE Not provided Not provided mixed waste/SS miniMRF, in Ohio tonnage; secure 10 -year 70-75% in Phase 2 by fines composting, II -As with five producing engineered plastics -to liquids fuel municipalities fuel 2 Mustang Renewable Power Onsite construction of facility: No Based on: 60-75% total: 80 FTE $43.1M $40/ton; vendor retains Ventures mixed waste/SS MRF, 235,930 TPY MSW, 20-30% recyclables; commodity revenue aerobic composting boxes, 14,264 TPY recyclables 30-40% organics; process engineered fuel(PEF) 10-15% PEF 3 Sacyr Environment Onsite construction of facility: No Designed for: 77% total: Not provided $82.5M $62.85/ton; mixed waste MRF, 117,690 TPY MSW, 26% recyclables; commodity revenue to County aerobic composting tunnels, 2,664 TPY Class I, 21% organics; refuse -derived fuel (RDF) 8,073 TPY sludge, 30% RDF 13,220 TPY recyclables GasMcatlon 1 Green 3Power Onsite construction of facility: No 700 TPD 95-98% 199 FTE $164M MSW - $25/ton Facility to remove metals, glass & (approx. 250,000 TPY) Yard waste - $10/ton other inerts and product RDF; C&D debris - $10/ton gasification facility In -county tires - $60/ton Out -of -county tires - $80/ton Pyrolysis _ 1 Gent Onsite construction of facility: No 430 TPD or 90% 69 FTE $92.4M $44/ton Facility to remove metals, glass & 146,000 TPY other inerts; pyrolysis to produce syngas, then conversion to electricity; convert plastics to diesel Blosolids and Organics 1 Nuterra Management Aerated static pile composting at Yes Not applicable Not provided Not provided None Biosolids - $37/ton facility in Fellsmere (operational Yard waste - $13/ton January 2017) Ground mulch - $O.SO/ton revenue 2 Synagro South Onsite construction of facility; Yes Not provided Not provided Not provided Depends on Biosolids - $35-60/ton various technologies mentioned technology, capacity, etc. N IRC/ProcessingAlternatives/Submittals/Submittal Summary kessler consulting inc. 011 00 ATTACHMENT INDIAN RIVER COUNTY RFI #2016039: SOLID WASTE AND RECYCLABLES PROCESSING AND DISPOSAL SERVICES SUMMARY OF SUBMITTALS Provided below is a summary of submittals received, organized by technology. Key information requested of vendors is provided. All information is based on vendor submittals; no information has been independently validated. Vendor Brief Description Facility in N. America Minimum Tonnage Diversion Rate Jobs Capital Costs Financial Proposal Transfer Station -Based Plan _ 1 Waste Management (WM) Transfer recyclables to WM MRF inJ Yes Not applicable Not provided Not provided $4-10M Recycling - $40-70/ton Brevard County; transfer organics to Food waste - $60-75/ton WM Okeechobee Facility; floor sort Yard waste - $35-50/ton C&D debris C&D debris - $45-60/ton Status Quo plus Universal Waste R"Iln` 1 Republic Services Collection of Fluorescent bulbs, Not applicable Not applicable 1% Not provided Not applicable Not provided batteries, ballasts & mercury - containing devices at CCCs General Information Only (not specific to Indlan River County) 1 CP Group Material recovery facility equipment Yes Not provided Not provided Not provided Not provided Not provided manufacturer 2 Florida Textile Recycling Work with local entities to increase Not applicable Not provided Not provided Not provided Not provided Not provided Program textile recycling 3 Waste -Wise Ltd. Web links to two technologies that Not provided Not provided Not provided Not provided Not provided Not provided separate and digest organics r I t - run -1 Ime tclulvaient ILAs - Interlocal Agreements MRF - Material Recovery Facility MSW - Municipal Solid Waste SS - Single Stream TPD - Tons Per Day TPY - Tons Per Year N IRC/Processing Altematives/Submittals/Submittal Summary kessler consulting inc. O� INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL OFFICE /sca Indian River County Environmental Control Hearing Board Indian River CounhBoard of County Commissioners Richard D. Cahoy, Chairman Sitting as the Environmental Control Board Dr. Richard H. Baker Bob Solari, Chairman Dr. Philip R. Glade Joseph E. Flescher, Vice Chairman Patrick Walther, P.E. Peter D O'Bryan Kevin M. Rollin Tim Zorc Wesley S. Davis Jennifer Peshke, Board Attornev Environmental Control Office Cheryl L. Dunn, R. S. Kate Pingolt Cotner, Assistant County Attorney INTEROFFICE MEMORANDUM DATE: August 18, 2016 MEMO TO: Board of County Commissioners sitting as Environmental Control Board, Indian River County FROM: Cheryl L. Dunn, R. S. Environmental Control Officer SUBJECT: ECHB Annual Report (October 1, 2014 — September 30, 2015) The following is a summary of enforcement activities conducted by the Environmental Control Office from October 1, 2014 to September 30, 2015. Case No. 523-14, Crab Cove, Inc., 11320 S. Indian River Dr., Sebastian, FL 32958. The Florida Department of Health in Indian River County (DOH -Indian River) had previously cited the Crab Cove, Inc., a licensed mobile home park for a failing onsite sewage treatment and disposal system (OSTDS) and discharge of sewage effluent into an adjacent ditch thereby creating a sanitary nuisance. County Utilities determined that public sanitary sewer was available so DOH - Indian River could not issue a repair permit to the property. The failing OSTDS was abandoned reducing the number of units at Crab Cove, Inc. Because of the financial hardship associated with the connection to public sanitary sewer, Crab Cove, Inc. requested time to connect the mobile home park to public sanitary sewer. Crab Cove, Inc. entered into a Stipulation that was approved by the Environmental Control Hearing Board on April 2, 2015, and recorded with Clerk, on June 4, 2015, agreeing to complete connection of all plumbed structures on the Subject Property to the County water and sanitary sewer systems and proper abandonment of all existing OSTDS within one (1) year. It was also agreed that any violation in the interim resulting in a sanitary nuisance would require Crab Cove, Inc. to immediately connect to the County water and sanitary systems. If a connection cannot be made at the time the sanitary nuisance occurs, the OSTDS and structure must be abandoned. Crab Cove, Inc., also stipulated to the imposition of a suspended civil penalty of Ten Thousand Dollars ($10,000.00), which shall be purged, contingent upon compliance with this Stipulation. Crab Cove, Inc., was also given an option to vacate the property rather than connect it to the referenced water and sanitary sewer systems as long as the premises is maintained in a sanitary and nuisance free manner. As required, Carb Cove, Inc., has provided the DOH -Indian River with written updates every two (2) months via email detailing their progress in complying with the deadlines set out in the 1900 - 27th Street i� t Vero Beach, FL 32960 Phone: (772) 794-7440 FAX: (772) 794-7447 270 Stipulation. The Environmental Control Office has been working with the project engineer and was notified by Utilities that a permit application has been received and issued. The project is required to be complete by June 4, 2016, based on the recording date of the Stipulation. 2. Case No. 524-14, Sata Enterprises, LLC, 645 Old Dixie Highway, Sebastian, FL 32958. Sata Enterprises, LLC., was cited by DOH -Indian River for being located in an area zoned or used for industrial manufacturing purposes or its equivalent, and operating without the required annual operating permit for their OSTDS. On December 4, 2014, the Environmental Control Hearing Board approved a Stipulation between Sata Enterprises, LLC, and DOH -Indian River for the payment of 2013 and 2014 past due permitting fees owed. All past fees have been paid according to the Stipulation. Case No. 525-14, Thomas Blucher, 845 35th Court, SW, Vero Beach, FL 32968. Thomas Blucher was cited by DOH -Indian River for being located in an area zoned or used for industrial manufacturing purposes or its equivalent, and operating without the required annual operating permit for their onsite sewage treatment and disposal system (OSTDS). On February 5, 2015, Indian River County Environmental Control Hearing Board heard the case against Thomas Blucher who failed to obtain annual operating permit in 2013 and 2014. Thomas Blucher was ordered to immediately pay the Petitioner $350.00 for the 2013 permit fee, the 2014 permit fee along with the associated late fees. Thomas Blucher paid the past due amounts. Thomas Blucher was also ordered to obtain an annual permit for 2015 by the expected due date. However, this did not happen. Since Thomas Blucher failed to obtain an annual permit for 2015 by the expected due date, a penalty of $500.00 was assessed as ordered. The Environmental Hearing Control Office sent warning correspondence to Thomas Blucher in September 2015. 4. Case No. 526-14, Reliable Treasure Coast Services Indian River County and Bruce T. McCullers, 825 8th St. Vero Beach, FL 32962. Reliable Treasure Coast Services Indian River County and Bruce T. McCullers were cited by DOH - Indian River for certifying a septic tank that had unacceptable leaks and defects. As the Registered Septic Tank Contractor and qualifier for Reliable Treasure Coast Services Indian River County Septic, Bruce T. McCullers is named in this case. By and through their attorney Reliable Treasure Coast Services Indian River County and Bruce T. McCullers stipulated that they will thoroughly inspect all existing septic tanks that are used in repairs or modifications for leaks and defects when they are empty. In the future, Bruce T. McCullers will notify DOH - Indian River of any and all deficiencies discovered after the original date of certification. If a deficiency is discovered, Bruce T. McCullers stipulated that he will amend any permits it obtained pursuant to Rule 64E-6.015(3), Florida Administrative Code, prior to requesting an inspection from the DOH -Indian River. Moreover, if a septic tank is found to have a leak or defect below the operational level of the tank, it will NOT be certified for use and will be replaced. Reliable Treasure Coast Services Indian River County Septic and Bruce T. McCullers also stipulated to an additional suspended civil penalty of Five Hundred Dollars ($500.00) per violation per day which shall be purged, contingent upon compliance with this Stipulation for a period of two years or February 11, 2018. 5. Case No. 527-14, Allied Diversified of Vero Beach, LLC, d/b/a Reliable Septic and Services, and Bruce T. McCullers, 825 8th St. Vero Beach, FL 32962. Allied Diversified of Vero Beach, LLC, d/b/a Reliable Septic and Services, and Bruce T. McCullers were cited by DOH -Indian River for not having the 21PaP-e 271 company's qualifier complete and sign their voluntary inspection form, for not providing the completed form to the requester and for not using a form that complies with code requirements. As the Registered Agent for Allied Diversified of Vero Beach, LLC, d/b/a Reliable Septic and Services, Bruce T. McCullers is named in this case. By and through their attorney, Allied Diversified of Vero Beach, LLC, d/b/a Reliable Septic and Services, and Bruce T. McCullers stipulated that existing OSTDS being voluntarily inspected shall be inspected by a registered septic tank contractor and upon completion of the inspection the company's qualifier will complete and sign the inspection document that complies with Chapter 64E-6.001(5) Florida Administrative Code and provide a copy of the completed inspection document to the person requesting the inspection. Allied Diversified of Vero Beach, LLC, d/b/a Reliable Septic and Services, and Bruce T. McCullers also stipulated to an additional suspended civil penalty of One Hundred and Fifty Dollars ($150.00) per violation per day which shall be purged contingent upon compliance with this Stipulation for a period of two years of February 11, 2016. 6. Case No. 528-15, Rashmi R. Patel and Ramesh C. Patel, 14415, 14445, and 14475 US Hwy 1, Sebastian, FL 32968. Rashmi R. Patel and Ramesh C. Patel were cited by DOH -Indian River for two (2) failing OSTDS, unpermitted repairs and modifications to existing OSTDS, discharging sewage effluent into a wooded area behind the establishment, ponding sewage on the ground, free-flowing artesian well going to waste and creating and maintaining multiple sanitary nuisances. The establishment also known as the Sandrift Motel was licensed for 48 units by Department of Business Regulation, Division of Hotels and Restaurants, had an unlicensed and unoccupied 84 -seat restaurant (previously Marker 1), and a public swimming pool permitted by DOH -Indian River. The Sandrift Motel was operated by Rudra, Inc., and Nerendra Pomal. Mr. Pomal's residence was at the Sandrift Motel. Since the original motel was built in 1958, there had been many modifications and structures added to the establishment. Although the structures on the lots are associated with multiple addresses, they are considered to be one establishment. In 1997, Indian River County Utilities sent a formal notice to the owners of the establishment informing them of the availability of County water and sanitary sewer, but Rashmi R. Patel and Ramesh C. Patel were not the property owners at that time. The establishment was served by a public supply well permitted by the Department of Environmental Protection, and seven of the eight structures were served by numerous OSTDS. On February 26, 2015, DOH -Indian River staff located eighteen septic tanks and/or pump -tanks. On February 27, 2015, Rashmi R. Patel and Ramesh C. Patel, were served a Notice of Violation and instructed to immediately correct the sanitary nuisances. Specifically, multiple drainfields failed causing improperly treated sewage to surface on the ground, multiple septic and pump tank lids were not properly sealed exposing raw sewage, untreated sewage was being pumped into the wooded area behind the two-story structure, and untreated laundry waste was discharged into two drywell locations. Since County sewer has been available since 1997, DOH -Indian River was not authorized to issue a repair permit to address the failing OSTDS. Consequently, all structures of the establishment must connect to County sewer and water in accordance with Chapter 201, Indian River County Code of Ordinances. A written response to the Notice of Violation was received by the DOH -Indian River on March 6, 2015, the septic tanks behind the two-story structure were being pumped -out, and the pumps were removed from the pump -tanks that were discharging into the wooded area. This case was heard by the Indian River County Environmental Control Board on April 2, 2015, and Rashmi R. Patel and Ramesh C. Patel were ordered to immediately and completely resolve sanitary nuisance violations including securing septic tank lids, and properly cleaning contaminated areas with lime. Rashmi R. Patel and Ramesh C. Patel were ordered to either connect the 3 1 P a g e 272 existing OSTDS at the two-story structure to County water and sewer within forty- five (45) days of this order, continue to pump -out the septic tanks daily, or abandon all or part of the establishment to abate the sanitary nuisance. Rashmi R. Patel and Ramesh C. Patel were ordered to submit a master plan to the DOH - Indian River within fifty-six (56) days of the order showing how the establishment will be connected to County water and sewer. If a sanitary nuisance were to occur, Rashmi R. Patel and Ramesh C. Patel were required to immediately abandon the existing septic tanks associated with establishment and connect all of the structures to County water and sewer. An additional option was given to Rashmi R. Patel and Ramesh C. Patel to vacate the establishment, rather than connect it to the County water and sanitary sewer systems. If the Patels chose the option to vacate the property and abandon the OSTDS, the Patels were required to maintain the premises in a sanitary and nuisance free manner until all structures on the property were removed. If at any time the vacated structures are reoccupied after the septic tanks are properly abandoned, the structures must be connected to County water and sewer. On May 4, 2015, without any notification from Rashmi R. Patel and Ramesh C. Patel, additional violations were discovered at the establishment creating a sanitary nuisance. Specifically, DOH -Indian River staff identified a septic tank broken lid. DOH -Indian River staff also identified one malfunctioning water pipe and one malfunctioning sewer pipe next to the main building that were full of wastewater containing solid waste and flowing sewage with ponding raw sewage on the ground surface. However, the referenced pipes could not be inspected by DOH -Indian River because they were buried in the ground. On May 18, 2015, DOH -Indian River received a letter from the Rashmi R. Patel and Ramesh C. Patel in lieu of the Master Plan that was ordered on April 10, 2015. On May 21, 2015, DOH -Indian River issued Rashmi R. Patel and Ramesh C. Patel an Amended Notice to Correct Violations which stated that Order issued by this Board on April 10, 2015 had been violated, because another sanitary nuisance violation took place on May 4, 2015. Moreover, while the Rashmi R. Patel and Ramesh C. Patel alleged that they corrected the sanitary nuisance, DOH -Indian River had no way of confirming that the referenced pipes were properly repaired. Rashmi R. Patel and Ramesh C. Patel also continued to use and underlying property without connecting the structures to County water and sewer and failed to properly abandon the illegally modified OSTDS. At the June 4, 2015, hearing Rashmi R. Patel and Ramesh C. Patel were ordered to bring the entire establishment into total compliance and to either connect all structures to County water and sewer within sixty (60) days of this Amended Order or to vacate any structures and properly abandon the associated septic tanks and/or pump -tanks not connected to County water and sewer within sixty (60) days of this Amended Order in accordance with Rule 64E-6.011, Florida Administrative Code. The Amended Order assessed a $500 fineep r day per violation. This included the violation of the Order itself which occurred on May 4, 2015, as well as the violations that were ordered to be corrected on or before May 25, 2015. This also included resolving the sanitary nuisances including repairing or replacing the damaged lid to the existing septic tank and onsite sewage system and properly cleaning the contaminated areas with lime; and two-story structure to County water and sewer or properly abandon the septic tanks and pump tanks associated with the structure. The Board agreed to purge 411'. 273 the referenced penalties at the end of the sixty (60) days if Rashmi R. Patel and Ramesh C. Patel comply with this Amended Order. Rashmi R. Patel and Ramesh C. Patel were also ordered to continue pumping the septic tanks near the two-story structure until it is either connected to County sewer and water within sixty (60) days of this Amended Order or properly abandoned within sixty (60) days of this Amended Order. Rashmi R. Patel and Ramesh C. Patel were ordered to expose the pipe(s) near the main structure and notify DOH -Indian River so that staff can inspect the pipes and confirm that they were repaired properly. Rashmi R. Patel and Ramesh C. Patel were ordered to perform a daily inspection of the entire establishment. Upon the discovery of any additional damaged or malfunctioning water, sewer or septic conditions, Rashmi R. Patel and Ramesh C. Patel were ordered to immediately report that discovery to DOH - Indian River. Further, Rashmi R. Patel and Ramesh C. Patel are not to attempt to repair or cover up any defective water, sewer or septic conditions discovered without notifying DOH -Indian River and allowing for an inspection of the newly discovered condition and/or repair. The Environmental Control Office was notified on June 25, 2015, that the Sandrift Motel property excluding the 82 seat restaurant would be changing ownership on or about July 9, 2015. The Environmental Control Office met with the current and future property owners. Once the new owners took possession of the 48 unit motel with manager's residence, laundry facility and public swimming pool the Environmental Control Office initiated another case, Case No. 529-15 in addition to Case No. 528-15. Rashmi R. Patel and Ramesh C. Patel appeared at the Environmental Control Hearing Board meeting on August 6, 2015, to provide an update. 7. Case No. 529-15, Sebastian Inn and Suites, LLC, 14415 US Hwy 1, Sebastian, FL 32968. On July 9, 2015, Sebastian Inn and Suites, LLC purchased Lots 2, 3, 4, 5, 6, 7, and 8 from Rashmi R. Patel and Ramesh C. Patel. Rashmi R. Patel and Ramesh C. Patel retained ownership of Lots 1, 9, 10 and 11 of Ercildoune Heights Subdivision 1, Block D, which includes the 82 -seat unlicensed and unoccupied restaurant. The designated contact for Sebastian Inn & Suites, LLC, was identified as Andrew G. Tashbar, Operating Manager. Although the structures on property are associated with multiple addresses, they are considered to be one establishment. The establishment, Sebastian Inn & Suites, was licensed for 48 units and included a manager's residence, a laundry facility and a public swimming pool. This establishment was served by one onsite public water supply well regulated by the Florida Department of Environmental Protection and located less than 200 feet (current standard) from existing OSTDS. The irrigation well located on the property was repaired and not being used. Since taking ownership of the establishment, Sebastian Inn and Suites, LLC, remediated the sanitary nuisances. Sebastian Inn and Suites, LLC, however, did not initially abandoned the two exiting septic tanks behind the two-story building. Sebastian Inn and Suites, LLC had also failed to connect all of the structures to County water and sewer and properly abandon the septic tanks or vacate the tenants from the structures. As such, Sebastian Inn and Suites, LLC failed to adhere to the Notice of Violation dated July, 21, 2015. Sebastian Inn and Suites, LLC also continued to use OSTDS that were illegally modified and are required 51Page 274 to be properly abandoned. Sebastian Inn and Suites, LLC also failed to properly treat and dispose of laundry waste. At the Environmental Control Hearing Board meeting on August 4, 2015, testimony was taken from Andrew Tashbar and Rashmi R. Patel and Ramesh C. Patel. The Environmental Control Hearing Board ordered the release of Rashmi R. Patel and Ramesh C. Patel from penalties and obligations associated with establishment in the Order dated April 10, 2015, and the First Amended Order dated June 10, 2015. Rashmi R. Patel and Ramesh C. Patel, however, were still responsible for all penalties and obligations associated with Lots 1, 9, 10 and 11 of Ercildoune Heights Subdivision 1, Block D, the unlicensed and unoccupied 82 -seat restaurant. The Board gave the Sebastian Inn and Suites, LLC, an extension from the deadlines set forth in the First Amended order dated June 4, 2015. Sebastian Inn and Suites, LLC was ordered to bring the entire establishment into compliance on or before ninety (90) days from the filing date of the Second Amended Order. For purposes of this Second Amended Order, this meant to connect all structures to County water and sewer and to abandon all of the septic tanks and pump -tanks. The Board suspended all of the accrued penalties of $500 per day per violation though the referenced ninety (90) day extension. The accrued penalties go back to original order against the Rashmi R. Patel and Ramesh C. Patel dated April 10, 2015. The accrued penalties will be purged completely if Sebastian Inn and Suites, LLC fully complies with this Second Amended Order. If Sebastian Inn and Suites, LLC does not comply with this Second Amended Order, the referenced accrued penalties would be assessed. Sebastian Inn and Suites, LLC was ordered to appear at the next Environmental Control Hearing Board meeting on October 1, 2015, to give a progress report to the Environmental Control Hearing Board on the exiting violations and to account for any additional violations that may occur on the property in the interim. 8. Case No. 532-15, Loretta Graves, 376 8t' Court, Vero Beach, FL 32962. Loretta Graves was cited by DOH -Indian River for creating and maintaining a sanitary nuisance relating to poor animal waste management practices and an environment where mosquitos could breed. On June 10, 2015, DOH -Indian River issued a Notice to Correct Violation (First Notice) against Loretta Graves cited violations in that the property was being maintained in an unsanitary condition capable of introducing and perpetuating human disease organisms and vectors into the community. The First Notice also cited Loretta Graves for altering or changing the original design and approved conditions of the OSTDS by maintaining a kennel on the property. The First Notice required Loretta Graves to immediately collect and dispose of animal waste, provide and to submit a plan to the Indian River County Planning Department for the operation of a noncommercial kennel. Subsequently, on June 12, 2015, DOH -Indian River staff issued an amended Notice to Correct Violation (Second Notice) against the Loretta Graves for conducting open feeding practices on the property, creating a rodent breeding and harborage, keeping an abundance of debris on the property that allows for the breeding of flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans, and failure to properly abandon and seal a water well cut off near the ground surface which is capable of allowing pollutants to enter and contaminate the ground waters of the State of Florida. Loretta Graves was asked to provide evidence or request a site re- inspection of the property to confirm that debris, solid waste and other rodent harborage has been properly removed, disposed or stored in a manner which 611'aue 275 minimizes the opportunity for vermin breeding. Loretta Graves was also asked to provide evidence or request a site re -inspection of the property to confirm that debris, solid waste and containers are properly removed, disposed or stored in a manner which minimizes the collection of storm water collection and mosquito breeding. Loretta Graves was asked to provide a written response specifying dates and details of each and every act by you which you contend constitutes compliance or future compliance with the above requirements. Loretta Graves was asked to have a licensed well driller properly abandon the well on the property. After receiving the two notices, Loretta Graves hired Judy Graves to represent her. Judy Graves reached out to DOH -Indian River in an effort to resolve some of the pending issues. On July 1, 2015, DOH -Indian River staff, the attorney for Animal Control, a representative for Code Enforcement, and Judy Graves had a conference call to discuss the pending violations and citations against Loretta Graves and her property. During the call, Judy Graves agreed to immediately clean the animal waste and the excess debris from the property to abate the sanitary nuisances. DOH -Indian River also stated in a letter dated July 2, 2015, that Loretta Graves would be given until July 11, 2015, to hire a licensed plumber to place a sanitary seal on the open water well. DOH -Indian River made it clear that this would be a temporary fix and that the Respondent would be responsible for hiring a well driller to get a permit and properly abandon the water well. Loretta Graves had not complied with the First Notice. While the Department had been told that the animal waste has been collected and disposed of, there is no evidence that the areas exposed to animal waste have been properly treated with Hydrated Lime. Moreover, neither DOH -Indian River nor the Indian River County Planning Department had received a site plan to operate a noncommercial kennel. Moreover, Loretta Graves had not allowed DOH -Indian River onto the property for a site re -inspection to confirm that debris, solid waste, containers, and other rodent harborage has been properly removed, disposed or stored in a manner which minimizes the opportunity for breeding. Loretta Graves had also not provided evidence that the water well was either properly abandoned by a licensed well driller or that a licensed plumber placed a sanitary seal on the water well. Loretta Graves was represented by her attorney, Judy Graves, Esq. and her friend, Dr. Sara Lee Matthews at the August 6, 2015, Environmental Control Hearing Board Meeting. At the hearing, Judy Graves testified that Dr. Matthews had volunteered to hire and pay for a licensed well driller to properly abandon the water well on the property, Loretta Graves had discontinued the continuous open feeding practices and chooses instead to feed the animals on the property twice a day both inside and outside her house, and a cat fence has been constructed on the property pursuant to an order from Judge Morgan to prohibit cats from roaming onto neighboring properties. The Board took testimony that there are over 20 cats licensed to Loretta Graves. At the hearing, Sara Matthews testified that the hospital she works for, Dr. Dan's Hospital, had spayed/neutered and vaccinated most, if not all, of the cats on the property. Sara Matthews also testified that the Loretta Graves would not allow any additional cats onto the property. Finally, at the hearing, Judy Graves moved an affidavit from Lisa Mead into the record. Lisa Mead's affidavit swore that she is a personal friend of 71Pagc 276 Loretta Graves and that she visited Loretta Graves once a week. The affidavit also stated that in recent months, Lisa Mead had assisted Loretta Graves with cleaning the house and yard. Specifically, the affidavit stated that she has cleared debris from the yard, raked leaves, pulled weeds, turned over containers that could hold water, and taken waste and garbage to the transfer station off of Old Dixie Highway. In the affidavit, Lisa Mead swore to continue visiting and assisting Loretta Graves. Loretta Graves was ordered to immediately clean the property of all animal waste, and place Hydrated Lime on the areas that were exposed to the animal waste. Loretta Graves was ordered to immediately stop conducting open feeding practices on the property creating a rodent breeding and harborage. Loretta Graves was ordered to immediately clean the property of all debris that allows for the harborage of rodents and the breeding of flies, mosquitoes, or other arthropods. For purposes of this Order, the property included the entire lot owned by the Loretta Graves. Loretta Graves was ordered to immediately hire a licensed well driller to abandon the existing water well. Loretta Graves was ordered to allow the DOH -Indian River to enter onto the property for purposes of re -inspection on or before August 30, 2015. Loretta Graves was also ordered to allow DOH -Indian River to inspect the property on a continuing basis every three (3) months for a period of two (2) years. The DOH -Indian River will give a forty- eight (48) - hour notice via email or phone to Loretta Graves attorney, Ms. Judy and copy Sarah Matthews. Loretta Graves was ordered to appear at the next Environmental Control Hearing Board meeting on October 1, 2015. 9. Other enforcement matters have been commenced which have not yet been brought before the Hearing Board. cc: Miranda Hawker, MPH, Administrator, DOH — Indian River County Michael Smykowski, Director, Budget and Management Mayur Rao, Business Manager, DOH — Indian River County Kate Pingolt Cotner, Assistant County Attorney 811'. <" 277 INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL OFFICE MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorney DATE: September 7, 2016 SUBJECT: Partial Release of Lien BACKGROUND: On or about December 3, 2009, the Environmental Control Hearing Board heard case number 431-08 against Fredrick D. Mensing, I1I, and Rita F. Mensing (hereinafter "the Mensings"). The referenced case concerned a sanitary nuisance on the Mensings' property located at 7580 129a' St., Sebastian, FL 32958 ("Subject Property") which was created by a failing onsite sewage and disposal system. The Mensings were ordered to install and connect a new onsite sewage and disposal system on the Subject Property by January 1, 2010. Subsequently, on February 11, 2010, the Environmental Control Hearing Board determined that the Mensings failed to comply with the order dated December 3, 2009. As a result, the Environmental Control Hearing Board issued another order, dated February 23, 2010, which imposed a civil penalty of $50.00 per day commencing on January 1, 2010, and continuing until the Mensings achieved compliance by installing and connecting a new onsite sewage and disposal system onto the Subject Property. The new order was recorded with Notice of Lien for Environmental Fine with the Clerk of Court for Indian River County on September 7, 2010, at BK 2444 PG 387-388. According to Special Act 85-427, Laws of Florida, the lien is against any and all property owned by the Mensings. The lien, however, has been barred from attaching to the Subject Property due to a foreclosure proceeding. On November 19, 2008, a Notice of Lis Pendens was filed in a foreclosure action entitled Anthony D'Amico vs. Fredrick D. Mensing, 111, and Rita F. Mensing, Case No. 212008CA12880 in the Nineteenth Judicial Circuit. Pursuant to Section 48.23, Florida Statutes, all liens recorded after a notice of lis pendens is properly recorded are barred from being enforced unless the holder of the unrecorded lien intervenes in the underlying foreclosure proceeding within a specified time period after the filing and recording of the notice of lis pendens. Because the Environmental Control Hearing Board's lien was recorded after the Notice of Lis Pendens was recorded, and the Subject Property was sold at a foreclosure sale, the lien did not attach to the Subject Property. The lien, however, is still enforceable against any property that is 278 owned by either Mr. Fredrick D. Mensing, III, or the Estate of Rita F. Mensing. RECOMMENDATION: The Environmental Control Officer recommends that the Board sitting as the Environmental Control Board approve the Partial Release of Lien against the Subject Property. ATTACHMENT(S). Partial Release of Lien. Indian River Co. App" d Dale Admin. Co. Atty. Budget Department Risk Management 279 Prepared by: Office of Indian River County Attorney 1801 27'h Street Vero Beach, FL 32960 772-226-1425 PARTIAL RELEASE OF LIEN Indian River County Environmental Control Board, a special dependent taxing district of the Board of County Commissioners of Indian River County, Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereby releases the property hereinafter described from that certain Notice of Lien for Environmental Fine against Fredrick D. Mensing, III and Rita F. Mensing and the property, recorded in O.R. Book 2444, at Pages 387-388 of the Public Records of Indian River County, Florida: Lot 15, Section 30, Fleming Grant, according to Plat Book 1, page 175 of the Public Records of Brevard County, Florida, said land now lying and being in Indian River County, Florida. EXECUTED by the Chairman of the Indian River County Environmental Control Board, this day of September, 2016. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: ylanReingold, County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL BOARD Bob Solari, Chairman Approved: The foregoing instrument was acknowledged before me this day of September, 2016 by Bob Solari, Chairman of the Indian River County Environmental Control Board, a special dependent taxing district of the Board of County Commissioners of Indian River County, who is personally known to me or produced as identification. NOTARY PUBLIC printed name: Commission No.: Commission Expiration: 280