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HomeMy WebLinkAbout10/18/2016 (3)4 �L0RAV 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 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 18, 2016 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 180127 th 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 1. CALL TO ORDER 9:00 A.M. 2. INVOCATION Deputy Teddy Floyd, IRC Sheriff Office 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS PAGE A. Presentation of Proclamation Designating the Month of October, 2016, as National Arts and Humanities Month 1 B. Presentation of Proclamation Designating the Day, October 23, 2016, as Breast Cancer Awareness/Wear Pink Day in_Indian River County, Florida -___2 - --------------- C. Presentation of a Resolution In Support of The One Cent Sales Tax _ _Referendum_by_Indian _River County Chamber of Commerce ----------------------------------- 3 October 18, 2016 Page 1 of 9 6. APPROVAL OF MINUTES PAGE None 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Resignation of the Interested in Tourist Development, not an Operator Representative to the Tourist Development Council _(memorandum dated October 4, 2016) 4-5 -------------------------------------------------------------- - ---- B. Proclamation and Retirement Award Honoring Linda Kerns on Her Retirement from Indian River County Board of County Commissioners Department of General Services/Main-Library With Eleven -Years -of Service___________ 6-7_ C. Proclamation and Retirement Award Honoring Ronald Hunt on His Retirement from Indian River County Board of County Commissioners Department of Utilities Department/Water Productions Division With Twen -Five Years of Service--------------------------------------------------------------------- 8-9- D. Proclamation and Retirement Award Honoring Edward Majcher on His Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue With Twenty -Seven Years --of Service 10-11 ------------------------------------------------------------------------------------------------------------------ E. Proclamation and Retirement Award Honoring Daniel Brooks on His Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue With Thirty Years of Service 12-13 -------------------------------------------------------------------------------------------------------------------- F. Florida Public Service Commission Consummating Order No. PSC -16- 0362 -TRF -EI re: Petition for approval to include in base rates the 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 G. Florida Public Service Commission Order No. PSC -16 -0423 -TRF -EI in re: Petition for approval of modification to and extension of the approved economic development and re -development rider experimental pilot tariffs, by Duke Energy Florida, LLC has been received and is available for review in the Office of the Clerk to the Board H. Florida Public Service Commission Order No. PSC -16 -0424 -TRF -EI in re: Petition for approval of 2016 revisions to underground residential and commercial differential tariffs, by Florida Power & Light Company has been received and is available for review in the Office of the Clerk to the Board October 18, 2016 Page 2 of 9 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION PAGE I. Florida Public Service Commission Order No. PSC -16 -0427 -PAA -EU in re: 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 J. Sebastian River Improvement District Fiscal Year 2016-2017 Regular Board Meeting Schedule 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 — September 23, 2016 to September 29, 2016 (memorandum dated September 29, 2016) 14-20 -------------------------------------------------------------- B. Banking and Lockbox Services Contracts (memorandum dated October 3, 2016) _ 21-24 ----------------------------------------------------------------------------- C. First Amendment to Indian River County Public Works Department Professional Surveying & Mapping Services Master Agreement for Annual Professional Surveying & Mapping Services — IRC Project No. 1605 with Morgan & Eklund, Inc. _ (memorandum dated October 12,_2016)_______________________________________________________ 25.30----------------------_ D. Escheated Property Located Within the Municipal Boundaries of the City of Fellsmere (memorandum dated October 12, 2016) _____________________________________________ 31-33 ---------------------------------------------------------- E. Resolutions Canceling Taxes on Properties Acquired by Indian River County for Public Purposes (memorandum dated October -11120 1-6) --------------------------------------------------------- 34-54 F. Board of Trustees of the Internal Improvement Trust Fund of the State of Florida v. Kim Blair, Jay Scott, Carol Scott and Indian River County (memorandum dated September 29, 2016) 55-64 G. Countywide Septic to Sewer Conversion Evaluation/Ranking — Work Order No. 2 to Schulke, Bittle & Stoddard, LLC _-(memorandum dated September 29, 2016) 65-74 ------------------------------------------------------------- October 18, 2016 Page 3 of 9 8• CONSENT AGENDA 1 H. Change Order No. 1 with Ham R/O Systems for the Implementation of Membrane Replacement for RO Skids at North County RO Water Treatment Plant _ (memorandum dated September 21, 2016) --------------- I. 2016 — Fall and Winter Holiday Schedules for tr Library System, Aquatic Centers, Sandridge Goll County Public Shooting Range, Recreation Aquatic Center and County Parks __(memorandum dated September 28, 2016) - ------------- PAGE ------------ 75--83- Indian 5.83_ Indian River County Course, Indian River Centers, iG Recreation ---------------------------------------84-85 -------- J. Recommended Ranking of Consultants — RFQ 2016016 — 58th Avenue Pavement Reclamation and Resurfacing Project — 57th Street to CR -510 __(memorandum dated September 27, 2016)___________________________________________________ 86-87 K. Recommendation of Award — Bid 2017010 — Signal Repairs at 201h Street and 10th Avenue (memorandum dated September 28, 2016) 88-89 ------------------------------------------------------------ L. Renewal of Pictometry Connect Software Agreement _ (memorandum dated October 4, 2016) 90-103 ------------------------------------------------------------------- M. Reject Warehouse Bids __(memorandum dated October 12,_2016)104 ---------------------------------------------------------------- N. Approval of a Public Transportation Supplemental Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for Section 5339 Public Transportation Capital Funds (memorandum dated September 28, --------------------------------------------------- 105=114_ O. FDOT Small County Outreach Program (SCOP) Amendment Number One and Resolution Authorizing the Chairman's Signature for Construction (Resurfacing) and Construction Engineering Inspection (CEI) Services of CR512 from Roseland Road to US -1 (memorandum dated October 10,_2016) 115-120 - - - - --------------------------------------------- _______ P. FDOT Small County Outreach Program (SCOP) Agreement and Resolution Authorizing the chairman's Signature for Reconstructing 58th Avenue from 26th Street to 57th Street, IRC Project No. 1324, FM No. 434840-1-54-01 (memorandum dated October 5, 2016) 121-143 ---------------------------------------------------------------------------------------------- Q. Acceptance and Approval of Expenditures for Emergency Management State -Funded Subgrant Agreement 17 -BG -83-10-40-01-037 (memorandum dated September 20, 2016) 144-197 -------------------------------------------------------------- October 18, 2016 Page 4 of 9 8. CONSENT AGENDA PAGE R. Acceptance and Approval of Expenditures of Emergency Management Federally -Funded Subgrant Agreement and Expenditure Approval 17 -FG - p9 -10-40-01-104 __(memorandum dated September 20, 2016) _______ 198-257 S. Post Hurricane Matthew Beach Profile Surveys — Contract No. 1605; Work Order No. 1 — Morgan and Eklund, Inc. 258-263 - ---------------------------------------------------------------- T. Approval of a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for Block Grant Funds _ (memorandum dated October 10,-2016)-------------------------------------- 264-274 U. Approval of a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for Rural Service Funds _ (memorandum dated October 10,-2016) -------------------------------------------- 275-284 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Continued from Meeting of October 11. 2016 Request from Stellar Transport for a Class E1 Certificate of Public Convenience and Necessity to provide Wheelchair and Non - Emergency Stretcher transports originating from Indian River County (memorandum dated September 26, 2016) 285-297 - ---------------------------- Administrative 2. Continued from Meeting of October 11. 2016 FINAL HEARING: 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 (memorandum dated _October 11, 2016)298-314 ----------- ----------------------- Legislative October 18, 2016 Page 5 of 9 10. PUBLIC ITEMS PAGE B. 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 The Laurels Community Association, Inc. Regarding Much Needed Repairs In Our Community. Entrance Repairs, Sidewalks Repairs, Regrading of 4000 Block of 9th Lane for Proper Drainage, Change Sidewalks so they are Handicap Accessible 315 ---------------------------------------------------------------------------------------------- 2. Request to Speak from Wanda Scott, Gifford Economic Development Council Regarding Updating Gifford Community Activities --------------------------------------------------------------------------------------316 3. Request to Speak from Brian Heady Regarding Elected Official Doing the Right ThinE__________ 317 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None 1, Human Services None 2, Sandridge Golf Club None October 18, 2016 Page 6 of 9 12. DEPARTMENTAL MATTERS PAGE C. General Services 3, Recreation None D. Human Resources None E. Office of Management and Budget None F. Public Works None G. Utilities Services 1. Approval of Bid Award for IRC Bid No. 2017011 Annual Bid to Maintain and Operate the West Regional WWTF Wetlands System _(memorandum_dated September28,_2016 __318-328 13. COUNTY ATTORNEY MATTERS A. Time Certain —10:30 a.m. Attorney -Client Session Relating to Indian River County's Petition for Administrative Hearing Challenging the St. Johns River Water Management District's Notice of Intent to Issue Environmental Resource Permit No. 135214-2 for All Aboard Florida within Segment D08 (memorandum -dated October 11,_201.6)___ 329 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman None B. Commissioner Joseph E. Flescher, Vice Chairman None C. Commissioner Wesley S. Davis None October 18, 2016 Page 7 of 9 14. COMMISSIONERS MATTERS PAGE D. Commissioner Peter D. O'Brvan None E. Commissioner Tim Zorc 1. Economic Development Opportunities along State Route 60 __(memorandum dated Octob1.1,_2016) 330-333 - - - - -er ----------------------------------------------------- 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. CCNA-2014-Work Order No. 5 to Geosyntec for Title V Air Operation Permit Renewal _(memorandum dated September 28,_ 2016)334-362 --------------------------------------------------- C. Environmental Control Board None 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. October 18, 2016 Page 8 of 9 The full agenda is available on line at the Indian River County Website at www.ircaov.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. 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. October 18, 2016 Page 9 of 9 PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 2016, AS NATIONAL ARTS AND HUMANITIES MONTH WHEREAS, over centuries of change — through trial and triumph — the arts and humanities have chronicled history in ways that have brought the past to life and provided a vivid vision for our journey forward. During National Arts and Humanities Month, we celebrate artistic expression in all its forms and honor the ways they help define the great American story; and WHEREAS, as artists open our hearts and minds, they embolden our dreams, connect us in common purpose, and inspire us to reach for the tomorrow we seek; and WHEREAS, our young people have the ability to renew the world we share; we can empower them through the arts and humanities so they can chart bold paths and write America's next great chapters; and WHEREAS, every stroke of the brush, stitch of the needle, or moment of the memoir uniquely marks our society and contributes to our national character. This month, we recognize the ways the arts and humanities have forever changed our country, and we recommit to ensuring every person has the opportunity and the freedom to question, discover and create. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of October, 2016, be designated as NATIONAL ARTS AND HUMANITIES MONTH in Indian River County and that we call upon our citizens to celebrate and promote the arts and culture in our nation and to specifically encourage the greater participation by those said citizens in taking action for the arts and humanities in our community. Adopted this 18th day of October, 2016. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA (O Bob Solari, Charman � � J eph E. Flescher, Vice Chairman Peter D. O'Bryan (/ Wesley S. Davit Tim Zorc �'" PROCLAMATION DESIGNATING THE DAY, OCTOBER 23, 2016, AS BREAST CANCER AWARENESS/WEAR PINK DAY IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, breast cancer is a malignant tumor that starts in the cells of the breast and the malignant tumor is a group of cancer cells that can grow into (invade) surrounding tissues or spread (metastasize) to distant areas of the body; and WHEREAS, the disease occurs almost entirely in women, but men can get it too. 1 in 8 U.S. women (about 12%) will develop invasive breast cancer over the course of her lifetime. A man's lifetime risk of breast cancer is about 1 in 1,000; and WHEREAS, In 2016, an estimated 246,660 new cases of invasive breast cancer are expected to be diagnosed in women in the U.S., along with 61,000 new cases of non-invasive (in situ) breast cancer. About 2,600 new cases of invasive breast cancer are expected to be diagnosed in men in 2016; and WHEREAS, for women in the U.S., breast cancer death rates are higher than those for any other cancer, besides lung cancer. Death rates have been decreasing since 1989. Women under 50 have experienced larger decreases. These decreases are thought to be a result of treatment advances, earlier detection through screening, and increased awareness. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board does hereby designate the day of October 23, 2016, as BREAST CANCER AWARENESS/WEAR PINK DAY IN INDIAN RIVER COUNTY to continue increased public awareness of breast cancer and to promote research for treatment and a cure. Adopted this 18th day of October, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Vice Chairman F CLQ[ LJ. V U1 Y01 I Tim Zorc 2 so& Indian River County Chomber of Commerce A Resolution In Support of The One Cent Sales Tax Referendum Whereas 60.3% of Indian River County voters first levied a one cent optional sales tax in 1989 for a 15 -year period; and Whereas In 2002, 65.5% of the County's voters approved a 15 -year extension with the current levy expiring December 31, 2019; and Whereas the one cent optional sales tax has benefitted Indian River County residents for the last 27 years; and Whereas the one cent optional sales tax has helped pay for countless capital projects to provide public services that have benefited our quality of life such as law enforcement, new roads and bridges, emergency services, parks and recreation, a library, beach restoration, and stormwater management; and Whereas continuing the one cent optional sales tax will continue to pay for projects that are in the public's interest; and Whereas the one cent optional sales tax has demonstrated it has helped maintain our low ad valorem property taxes savings local taxpayers $248,419,966 since 2007; and Whereas over the last 10 -years, the one cent optional sales tax has helped Indian River County reduce its long-term debt from $143.4 million to $54.0 million; and Whereas the one cent optional sales tax has helped to keep impact fees low for businesses therefore increasing private sector taxable investment in our county; and Whereas the one cent optional sales tax is a tax that everyone pays tax — not just property owners; and Whereas our municipalities receive about $6 million in shared collected one cent optional sales tax revenues, along with about $16 million received by the county; Now, therefore, the Indian River County Chamber of Co ballot ' itiati a ontinue the County's one cent optional al UN—W— Jeff SON Ft, [chairman of the Board Penny Char Schlittces Indian River supports the November 2016 tax lev or anon 15 years. Chamber of Commerce k October 18, 2016 INFORMATIONAL ITEM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: October 4, 2016 Subject: Resignation of the Interested in Tourist Development, not an Operator Representative to the Tourist Development Council From: Misty L. Pursel Commissioner Assistant, District 1 Susan Adams, Interested in Tourist Development (Not an Operator), has tendered her resignation, effective on Monday, October 3, 2016. Anyone interested in serving on the Tourist Development Council and meets the requirements for Interested in Tourist Development (Not an Operator) Representative will need to submit an application and resume to the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Applications can be accessed on-line at www.irc-gov.com/boards/committee applications or the Board of County Commissioner's Office. Attachment: Resignation Letter ZAAgenda Items\2016\Appointments Resignations\TDC - Resignation of Susan Adams.doc 4 Susan Adams 100 S. Pine Street Fellsmere, FL 32948 772 633 5653 October 3, 2016 Dylan Reingold, County Attorney 1801 27th Street, Building A Vero Beach, FL 32960 Re: Tourist Development Council Dear Dylan, Despite my enthusiasm and the honor of being a part of the TDC, I regret to inform you I must resign the position of Interested in Tourist Development, not an Operator Representative to the Tourist Development Council due to the obligations involved in representing District 1 as County Commissioner. Kindly inform the Board and public as necessary. Best regards, Adams R PROCLAMATION HONORING LINDA KERNS ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES/MAIN LIBRARY WHEREAS, Linda Kerns retired from Indian River County effective October 27,2016; and WHEREAS, Linda Kerns began her career with Indian River County as a part time Library Clerk at the North Indian River County Library on November 28, 2005. On June 2, 2009, she advanced to a full time Library Clerk at the Main Library and continued in that capacity until her retirement; and WHEREAS, Linda Kerns has served this County and the Public with distinction and selflessness. During her eleven years of service, she was dedicated, and her work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Linda Kerns' efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the last eleven years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 18th day of October 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman This is is to certy that LinternLinda is here6y presented this gtirement .Award for outstanding performance and jaithfulservice to Indian 14ver County (Board of County Commissioners For eleven years of service On this 27th day of October 2016 Michael Zito Bob Solari Assistant County Administrator Board of County Commissioner, Chairman o� o� -7L PROCLAMATION HONORING RONALD HUNT ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS UTILITIES D EPA R TME NTIWA TER PRODUCTIONS DIVISION WHEREAS, Ronald Hunt retired from Indian River County Water Production Division effective October 27, 2016, and WHEREAS, Ronald Hunt began his career with Indian River County as a Water/Wastewater Plant Operator "C" on February 25, 1991. He was promoted to Water/Wastewater Plant Operator "B" on September 10, 1993, and continued in that capacity until his retirement, and WHEREAS, Ronald Hunt has served this County and the Public with distinction and selflessness. During his twenty-five years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Ronald Hunt's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty-five years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 18th day of October 2016. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Bob Solari, Chairman � �0 �Iriis is to cert that Wqnafd Yfunt is hereby presented this Wstirement Award for outstand'ing► performance and faithfufservice to Ind�acn 94ver County Ooard of County Commissioners For twenty-five years of service On this 27th day of October 2016 Vincent Burkf 006 Solari. (Director of vt&ty Services Board of County Commissioner, Chairman O` PR O CLAMA TION HONORING ED WARD MAJCHER ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SER DICES/FIRE RESCUE WHEREAS, Edward Majcher retired front Indian.River County Fire Rescue effective October 15, 2016; and WHEREAS, Edward Majcher began his career with Indian River County on March 15, 1989, as a Firefighter, earning his EMT certification within his first year. On August 4, 2000, Edward was promoted to Driver Engineer in which capacity he served until his retirement, and WHEREAS, Edward Majcher has served this County and the Public with distinction and selflessness. During his twenty-seven years of service, he was dedicated and his work has been greatly appreciated by his employer, citizens and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Edward Majcher's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty-seven years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. Adopted this 11th day of October 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman o ,0 This is to cert that Edward Majcher is hereby presented this WStirement Award for outstandi"ng performance and faithfuf service to Ind' n Wiver County Ooard of County Commissioners For twenty-seven years o service On this 15th day of October 2016 ,john ng Bob Solari ector of E ency Services Board of County Commissioner Chairman o` � PROCLAMATION HONORING DANIEL BROOKS ON HIS RETIREMENT FROM INDIAN RI VER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SER VICES/FIRE RESCUE WHEREAS, Daniel Brooks retired from Indian River County Fire Rescue effective October 13, 2016; and WHEREAS, Daniel Brooks began his career on October 31, 1986, as a Firefighter/EMT. He was promoted to Driver/Engineer in 1991, and by 2006, he had ascended to the rank of Lieutenant in which capacity he served until his retirement, and WHEREAS, Daniel Brooks has served this County and the Public with distinction and selflessness. During his thirty years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIDER COUNTY, FLORIDA, that the Board applauds Daniel Brooks' efforts on behalf of the County, and the Board wishes to express their deepest gratitude for the dedicated service he has given to Indian River County for the last thirty years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend their sincerest wishes for success in his fixture endeavors. Adopted this 11th day of October 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA r � " " "t - N Bob Solari, Chairman PO r r "Iflis is I certif , �r D/ I 11 is hereby presented this I � s 'WStirement.Awarf-e for outstanding pe�`omance and j faithfulservice 1 `l, ljj t r k t; I I/ / 1 County Commissioners (For thirtyyears1service r on this 13th day1October . . , 4'rjeor of Emej�� Services Boardof County Commissioner, Chaiman fl f lew--E Z��z 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: September 29, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 23, 2016 to September 29, 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 September 23, 2016 to September 29, 2016. Attachment: 14 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 344792 09/29/2016 PORT CONSOLIDATED INC 448.56 344793 09/29/2016 JORDAN MOWER INC 5,169.58 344794 09/29/2016 COMMUNICATIONS INTERNATIONAL 13,000.00 344795 09/29/2016 TEN -8 FIRE EQUIPMENT INC 35,176.36 344796 09/29/2016 RANGER CONSTRUCTION IND INC 1,008.68 344797 09/29/2016 VERO CHEMICAL DISTRIBUTORS INC 1.972.45 344798 09/29/2016 RICOH USA INC 106.93 344799 09/29/2016 CHISHOLM CORP OF VERO 2,677.40 344800 09/29/2016 VELDE FORD INC 172.47 344801 09/29/2016 SAFETY PRODUCTS INC 1.249.69 344802 09/29/2016 STEWART MATERIALS INC 145.86 344803 , 09/29/2016 DATA FLOW SYSTEMS INC 84.67 344804 09/29/2016 KELLY TRACTOR CO 1.856.23 344805 09/29/2016 VERO MARINE CENTER INC 12.30 344806 09/29/2016 REPUBLIC SERVICES INC 472,389.11 344807 09/29/2016 GAYLORD BROTHERS INC 290.10 344808 09/29/2016 HACH CO 695.39 344809 09/29/2016 CLIFF BERRY INC 1,365.55 344810 09/29/2016 ALLIED ELECTRONICS INC 108.86 344811 09129/2016 NATIONAL FIRE PROTECTION ASSOC 175.00 344812 09/29/2016 KSM ENGINEERING & TESTING INC 178.00 344813 09/29/2016 HD SUPPLY WATERWORKS, LTD 5,995.12 344814 09/29/2016 PETES CONCRETE 1,200.00 344815 09/29/2016 TIRESOLES OF BROWARD INC 5,779.12 344816 09/29/2016 BFS RETAIL OPERATIONS LLC 564.14 344817 09/29/2016 BARTH CONSTRUCTION INC 27,495.36 344818 09/29/2016 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 3,500.00 344819 09/29/2016 DELL MARKETING LP 1,835.89 344820 09/29/2016 GOODYEAR AUTO SERVICE CENTER 1,298.59 344821 09/29/2016 BAKER & TAYLOR INC 1.781.90 344822 09/29/2016 MIDWEST TAPE LLC 540.78 344823 09/29/2016 PRECISION CONTRACTING SERVICES INC 1,041.98 344824 09/29/2016 K & M ELECTRIC SUPPLY 1,828.45 344825 09/29/2016 ATKINS NORTH AMERICA INC 5,300.00 344826 09/29/2016 PALM TRUCK CENTERS INC 83.57 344827 09/29/2016 GO COASTAL INC 1.519.75 344828 09/29/2016 SOFTWARE HARDWARE INTEGRATION 545.89 344829 09/29/2016 FLORIDA ASSOCIATION OF COUNTIES INC 75.00 344830 09/29/2016 LINDSEY GARDENS LTD 500.00 344831 09/29/2016 PST SERVICES INC 35,497.15 344832 09/29/2016 ROGER J NICOSIA 1.500.00 344833 09/29/2016 CITY OF VERO BEACH 12.858.00 344834 09/29/2016 CITY OF VERO BEACH 4,901.47 344835 09/29/2016 CITY OF VERO BEACH 2,500.00 344836 09/29/2016 STEPHEN WOTTASZEK 81.51 344837 09/29/2016 INDIAN RIVER ALL FAB INC 4,956.06 344838 09/29/2016 UNITED PARCEL SERVICE INC 103.44 344839 09/29/2016 LIVINGSTON PAGE 81.00 344840 09/29/2016 WILBERT SHEPHARD 90.00 344841 09/29/2016 JANITORIAL DEPOT OF AMERJCA INC 138.00 344842 09/29/2016 TREASURE COAST HOMELESS SERVICES 14,516.50 344843 09/29/2016 PUBLIX SUPERMARKETS 90.00 344844 09/29/2016 PUBLIX SUPERMARKETS 6.00 344845 09/29/2016 PUBLIX SUPERMARKETS 11.36 344846 09/29/2016 INTERNATIONAL GOLF MAINTENANCE INC 88,148.27 344847 09/29/2016 EXCHANGE CLUB CASTLE 2,578.75 344848 09/2-9/2016 GEOSYNTEC CONSULTANTS INC 2,551,31 344849 09/29,2016 FEDERAL EXPRESS CORP 19.98 15 i TRANS NBR DATE VENDOR AMOUNT 344850 09/29/2016 LITTER GITTER INC 252.00 344851 09/29/2016 FLORIDA POWER AND LIGHT 91,561.64 344852 09/29/2016 FLORIDA POWER AND LIGHT 633.47 344853 09,'29/2016 JAMES GRAY JR 458.00 344854 09/29/2016 FLORIDA BLUE 959.76 344855 09/29/2016 STATE ATTORNEY 11,554.29 344856 09/29/2016 US KIDS GOLF LLC 273.20 344857 09/29/2016 STRUNK FUNERAL HOMES & CREMATORY 425.00 344858 09/29/2016 MEDICARE PART B FINANCIAL SERVICES 705.83 344859 09/29/2016 BAYARD ROBB 100.00 344860 09/29/2016 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 650.00 344861 09/29/2016 TREASURE COAST SPORTS COMMISSION INC 4,584.00 344862 09/29/2016 ALPIZAR LAW 385.28 344863 09/29/2016 PITNEY BOWES INC 244.62 344864 09/29/2016 CIGNA 182.64 344865 09/29/2016 NEXTRAN CORPORATION 27.48 344866 09/29/2016 INDIAN RIVER COUNTY HISTORICAL 4.011.66 344867 09/29/2016 G K ENVIRONMENTAL INC 5,742.25 344868 09/29/2016 JOHN BROWN & SONS INC 10,000.00 344869 09/29/2016 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 121.34 344870 09/29/2016 CHILDRENS HOME SOCIETY OF FL 624.03 344871 09/29/2016 BLUE CROSS BLUE SHIELD 1,309.87 344872 09/29/2016 HUMANA 179.49 344873 09/29/2016 FLORIDA DEPT OF BUSINESS & PROF 250.00 344874 09/29/2016 DELROY MONTAQUE 500.00 344875 09/29/2016 ECONOLITE CONTROL PRODUCTS INC 49,900.00 344876 09/29/2016 RUSSELL PAYNE INC 139.23 344877 09/29/2016 TRANE US INC -38,224.88 344878 09/29/2016 CELICO PARTNERSHIP 120.03 344879 09/29/2016 CINTAS CORPORATION NO 2 199.23 344880 09/29/2016 VAN WAL INC 95.00 344881 09/29/2016 JOSEPH W VASQUEZ 126.00 344882 09/29/2016 BIG BROTHERS AND BIG SISTERS 1,250.00 344883 09/29/2016 BIG BROTHERS AND BIG SISTERS 1,879.04 344884 09/29/2016 SNL INC 509.50 344885 09/29/2016 SHUBIN & BASS PA 38,530.40 344886 09/29/2016 MBV ENGINEERING INC 5,264.00 344887 09/29/2016 3-D FENCING LLC 895.00 344888 09/29/2016 MASTELLER & MOLER INC 6,785.00 344889 09/29/2016 SAITO, YOKO 453.76 344890 09/29/2016 COAST TO COAST BUILDERS OF FLORIDA INC 9,275.50 344891 09/29/2016 C W NIELSEN MFG CORP 122.50 344892 09/29/2016 LARRY STEPHENS 138.00 344893 09/29/201.6 CAROLLO ENGINEERS 3,125.00 344894 09/29/2016 TREASURE COAST INSIDE TRACK ALMANAC 1,050.00 344895 09/29/2016 D&S ENTERPRISES OF VERO BCH LLC. 58.78 344896 09/29/2016 WHEELABRATOR RIDGE ENERGY INC 1,235.30 344897 09/29/2016 JOHNNY B SMITH 84.00 344898 09/29/2016 RAILROAD MEDICARE 106.23 344899 09/29/2016 SAINT EDWARDS SCHOOL INC 1,115.00 344900 09/29/2016 DUPERON CORPORATION 38,150.00 344901 09/29/2016 PAUL C AND JOYCE M REDSTONE 92,22 344902 09/29/2016 DYNAMIC AIR QUALITY & COOLING INC 1,011.49 344903 09/29/2016 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,666.67 344904 09/29/2016 TREASURE COAST FOOD BANK INC 319.12 344905 09/29/2016 MICHELLE VAN KEULEN 25.00 344906 09/29/2016 K'S COMMERCIAL CLEANING 16,954.08 344907 09/29/2016 NICOLACE MARKETING INC 875.00 344908 09/29/2016 EQ THE ENVIRONMENTAL QUALITY COMPANY 20,765.78 344909 09/29/2016 TRITEL INC 49.50 161 TRANS NBR DATE VENDOR AMOUNT 344910 09/29/2016 WINSUPPLY OF VERO BEACH 2,397.90 344911 09/29/2016 FLORIDA MEDICAID 218.68 344912 09/29/2016 GARRETT SMITH 138.00 344913 09/29/2016 YAMAHA GOLF CAR COMPANY 1.370.05 344914 09/29/2016 OVERDRIVE INC 3,270.43 344915 09/29/2016 AUTOMATIONDIRECT.COM INC 134.00 344916 09!29/2016 MVIX(USA) INC 600.00 344917 09/29/2016 MOORE MOTORS INC 148.50 344918 09/29/2016 FREEDOM HEALTH 287.09 344919 09/29/2016 NEWSOM OIL COMPANY 890.25 344920 09/29/2016 LOWES HOME CENTERS INC 323.40 344921 09/29/2016 LABOR READY SOUTHEAST INC 9,738.50 344922 09/29/2016 CARDINAL HEALTH 1 10 INC 6,714.78 344923 09/29/2016 BURNETT LIME CO INC 6,417.60 344924 09/29/2016 SOUTHWIDE INDUSTRIES INC 9,960.00 344925 09/29/2016 IMPECCABLE SIGNS INC 252.00 344926 09/29/2016 TREASURE COAST TURF INC 873.00 344927 09/29/2016 PENGUIN RANDOM HOUSE LLC 384.00 344928 09/29/2016 CARMEN LEWIS 24.00 344929 09/29/2016 STRAIGHT OAK LLC 201.32 344930 09/29/2016 C E R SIGNATURE CLEANING 850.00 344931 09/29/2016 CHEMTRADE CHEMICALS CORPORTATION 2,275.43 344932 09/29/2016 KESSLER CONSULTING INC 2,922.50 344933 09/29/2016 PIERCE GOODWIN ALEXANDER & LINVILLE INC 4,932.29 344934 09/29/2016 NAPIER & ROLLIN PLLC 50.00 344935 09/29/2016 INTEGRITY LAWNS LLC 1.750.00 344936 09/29/2016 ARROW INTERNATIONAL 41409.73 344937 09/29/2016 RELIANT FIRE SYSTEMS INC 280.00 344938 09/29/2016 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 850.00 344939 09/29/2016 SYLIVIA MILLER 318.00 344940 09/29/2016 THE TRANSIT GROUP INC 47,586.46 344941 09/29/2016 PRESTIGE HEALTH CHOICE 136.00 344942 09/29/2016 MARIELA MCSOLEY 90.00 344943 09/29/2016 ENCORE ONE LLC 4,991.00 344944 09/29/2016 LONGHORN LANDSCAPING AND SOD LLC 2,349.00 344945 09/29/2016 SCRIPPS NP OPERATING LLC 1,046.99 344946 09/29/2016 COCA COLA BEVERAGES FLORIDA LLC 132.00 344947 09/29/2016 GENUINE PARTS COMPANY 147.58 344948 09/29/2016 TRIBOND LLC 8,167.44 344949 09/29/2016 JENNIFER E PROPER 35.00 344950 09/29/2016 CATHEDRAL CORPORATION 2,490.99 344951 09/29/2016 GERELCO TRAFFIC CONTROLS INC 923.00 344952 09/29/2016 UNIFIRST CORPORATION 3,586.77 344953 09/29/2016 STEARNS. CONRAD AND SCHMIDT 6,300.00 344954 09/29/2016 VCA ANIMAL HOSPITALS INC 42.00 344955 09/29/2016 SUNSHINE HEALTH PLAN MEDICAID 90.69 344956 09/29/2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 83.69 344957 09/29'2016 SITEONE LANDSCAPE SUPPLY LLC 14.31 344958 09/29/2016 ADVANCE STORES COMPANY INCORPORATED 670.52 344959 09/29/2016 PATRIOT PRODUCTIONS LLC 250.00 344960 09/29/2016 EGP DOCUMENT SOLUTIONS LLC 232.03 344961 09/29/2016 WEST FLORIDA MAINTENANCE INC 8,180.00 344962 09/29/2016 HENRY AYALA 126.81 344963 09,29/2016 NWl RECYCLING INC 4,385.00 344964 09/29/2016 AC VETERINARY SPECIALTY SERVICES 137.06 344965 09/29/2016 SOUTHLAND PAINTING CORP 81,334.00 344966 09/29/2016 DAVID H PAUL INC 5,512.98 344967 09/29/2016 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 1,649.35 344968 09/29/2016 ANN MARIE SOTO 500.00 344969 09/29,2016 WILLIAM MOSLEY 341.53 I IFA TRANS NBR DATE VENDOR AMOUNT 344970 09/29/2016 GRAVES INJURY LAW 364.16 344971 09/29/2016 EDNA T BOGART 78.22 344972 .09/29!2016 MAGELLAN COMPLETE MEDICAID 190.00 344973 09/29'2016 ALAN GOODMAN MORISS 50.00 344974 09/29,22016 LORAIN E THOMAS 95.71 344975 09/29/2016 HAROLD W WILLIAMS 50.91 344976 09/29'2016 ANGELICA GREGOR 50.00 344977 09/29/2016 ERICK PICKTON 50.00 344978 09/29,2016 COURTNEY BLASKE 50.00 344979 09!29!2016 FEDERICO M CANAVOSIO 500.00 344980 09/29/2016 ADVANTAGE IQ 233,17 344981 09/29/2016 ROTARY CLUB OF VERO BEACH 750.00 344982 09/29/2016 GALE BRACKEN 18.50 344983 09/29/2016 ANTERIA MORTIMER 50.00 344984 09/29/2016 JOHN REXFORD 120.78 344985 09/29/2016 GLORIA THOMAS 50.00 344986 09/29/2016 MILITARY WARRIOR SUPPORT FOUNDATION 13 4.35 344987 09/29/2016 FRANK CARBONE 558.78 344988 09/29/2016 SILVIO MARTINEZ 66.00 344989 09/29/2016 JILLIAN SPARKS 40.88 344990 09/29/2016 UTIL REFUNDS 87.80 344991 09/29/2016 UTIL REFUNDS 11.22 344992 09/29/2016 UTIL REFUNDS 85.84 344993 09/29/2016 UTIL REFUNDS 69.64 344994 09/29/2016 UTIL REFUNDS 119.28 344995 09/29/2016 UTIL REFUNDS 39.04 344996 09/29/2016 UTIL REFUNDS 86.22 344997 09/29/2016 UTIL REFUNDS 87.80 344998 09/29/2016 UTIL REFUNDS 33.87 344999 09/29/2016 UTIL REFUNDS 26.89 345000 09/29/2016 UTIL REFUNDS 48.80 345001 09/29/2016 UTIL REFUNDS 36.16 345002 09/29/2016 UTIL REFUNDS 88.54 345003 09/29/2016 UTIL REFUNDS 90.95 345004 09/29/2016 UTIL REFUNDS 61.99 345005 09/29/2016 UTIL REFUNDS 46.16 345006 09/29/2016 UTIL REFUNDS 69.64 345007 09/29/2016 UTIL REFUNDS 35.78 345008 09/29/2016 UTIL REFUNDS 38.76 345009 09/29/2016 UTIL REFUNDS 65.07 345010 09/29/2016 UTIL REFUNDS 4.82 345011 09/29/2016 SCHLITT PROPERTY MANAGEMENT 50.00 Grand Total: 1,397,423.00 18 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1009821 09/26/2016 EVERGLADES FARM EQUIPMENT CO INC 1,109.08 1009822 09.!26/2016 COMMUNICATIONS INTERNATIONAL 873.00 1009823 09/26,12016 SSES INC 2.670.34 1009824 09/26/2016 COPYCOINC 389.77 1009825 09'26/2016 NORTH SOUTH SUPPLY INC 223.77 1009826 09/26/2016 HELENA CHEM]CAL 1.453.75 1009827 09/26,2016 INDIAN RIVER OXYGEN INC 96.00 1009828 09/26/2016 MIKES GARAGE & WRECKER SERVICE INC 65.00 1009829 09/26/2016 ABCO GARAGE DOOR CO INC 1,522.25 1009830 09/26/2016 ALLIED UNIVERSAL CORP 11,853.41 1009831 09/26/2016 NEWMANS POWER SYSTEMS 4.112.26 1009834 09/26/2016 IRRIGATION CONSULTANTS UNLIMITED INC 99.19 1009833 09/26/2016 GROVE WELDERS INC 332.48 1009834 09/26/2016 SOUTHERN COMPUTER WAREHOUSE 270.51 1009835 09/26/2016 COMPLETE RESTAURANT EQUIPMENT LLC 1,845.95 1009836 09/26/2016 FIRST HOSPITAL LABORATORIES INC 232.35 1009837 09/26/2016 FERGUSON ENTERPRISES INC 332.56 1009838 09/26/2016 HD SUPPLY FACILITIES MAINTENANCE LTD 482.23 1009839 09/26/2016 COMO OIL COMPANY OF FLORIDA 50.88 1009840 09/26/2016 GLOBAL GOLF SALES INC 183.49 1009841 09/26/2016 COMPLETE ELECTRIC INC 959.00 1009842 09/26/2016 SOUTHERN PLUMBING INC 518.00 1009843 09/26/2016 SHRIEVE CHEMICAL CO 2,845.39 1009844 09/26/2016 MIDWEST MOTOR SUPPLY CO 443.00 1009845 09/26/2016 RECHTIEN INTERNATIONAL TRUCKS 641.28 1009846 09/26/2016 SYNAGRO-WWT INC 28,532.00 1009847 09/26/2016 SOUTHERN JANITOR SUPPLY INC 706.58 1009848 09/26/2016 CAPITAL OFFICE PRODUCTS 1,615.23 1009849 09/26/2016 L&L DISTRIBUTORS 332.23 1009850 09/26/2016 STAT MEDICAL DISPOSAL INC 180.00 1009851 09/26/2016 PACE ANALYTICAL SERVICES INC 8,505.00 1009852 09!26/2016 TIGHT LINE PRODUCTIONS INC 60.00 1009853 09/26/2016 CLARK EQUIPMENT COMPANY 11,806.79 1009854 09/26/2016 IMAGENET CONSULTING LLC 630.78 1009855 09/26/2016 ALLIED DIVERSIFIED OF VERO BEACH LLC 45.00 1009856 09/26/2016 NEXAIR LLC 1,148.88 Grand Total: 87,167.43 19' ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4605 09/23/2016 INDIAN RIVER COUNTY SHERIFF 16.000.00 4606 09/23"2016 NACOISOUTHEAST 811?3 4607 09/23,,2016 FLORIDA LEAGUE OF CITIES, INC 5,175.81 4608 09/23/2016 NACO/SOUTHEAST 25.289.22 4609 09/23!2016 ICMA RETIREMENT CORPORATION 11.967.81 4610 0.9./23/2016 IRC FIRE FIGHTERS ASSOC 6.720.00 4611 09/23/2016 TEAMSTERS LOCAL UNION #769 5,365.50 4612 09/23'3016 BENEFITS WORKSHOP 3,880.35 4613 09;'23;2016 1CMA RETIREMENT CORPORATION 2.645.00 4614 09/23/2016 FL SDU 5.035.63 4615 09/23'2016 INDIAN RIVER COUNTY SHERIFF 485.00 4616 09/26!2016 IRS -PAYROLL TAXES 411,569.43 4617 09/27/2016 I R C HEALTH INSURANCE - TRUST 68.644.14 4618 09/27/2016 I R C HEALTH INSURANCE - TRUST 478.701.42 4619 09/28/2016 MUTUAL OF OMAHA 2,085.00 4620 09/28/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,638.35 4621 09/28/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5.473.17 4622 09/28/2016 WAGEWORKS INC 76.89 4623 09/28/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 34.915.05 4624 09/28/201Y6 HEALTH ADVOCATE 1,153.35 4625 09/28/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 16.419.51 4626 09/28/2016 WAGEWORKS INC 230.67 4627 09/28/2016 MUTUAL OF OMAHA 16,069.93 4628 09/28/2016 HEALTH ADVOCATE 384.45 Grand Total: 1,130,736.91 20 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller P.O. Box 1028 Vero Beach, FL 32961-1028 Telephone: (772) 770-5185 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Circuit Court and Comptrc DATE: October 3, 2016 SUBJECT: Banking and Lockbox Services Contracts The County's banking and lockbox services contracts expire on December 31, 2016. A request for proposals (RFP) was issued on August 5, 2016. Demandstar notified 775 subscribers of the RFP and the Purchasing Division contacted every bank with a local branch to notify them of the RFP's upcoming release and obtain contact information if they were interested. The RFP stipulated that the County's intent was for a single bank to provide banking and lockbox services, however, reserved the right to split those two services if it was in the best interest of the County. The County received seven proposals for banking services and nine proposals for lockbox services. An additional bank asked if their proposal would be rejected if they submitted a response for purchasing card services only. Via addendum, the County indicated they would not be disqualified so one proposal was received for purchasing card services only. A selection review committee, made up of the Finance Director, Assistant Finance Director, Budget Director, and Utilities Finance Manager independently reviewed and ranked each submittal and then met to compile the overall rankings. During the selection committee meeting, it was determined that it would be in the best interest of the County for purchasing card services to remain part of the overall banking services, as it was originally designed in the RFP. The scoring criteria, as outlined in the RFP, included the following items: Item Evaluation Criteria Points 1 Proposed Fees and compensation 40 2 Scope of services 35 3 Resources and qualifications of the financial institution and individuals 10 4 Bank locations 5 5 Relevant experience managing similar relationships 5 6 Quality of references 5 Total Points 100 21 The scoring for the proposed fees and compensation category was based on both the actual fees proposed and the earnings credit rate and interest rate on available balances. Scope of services scoring included evaluating the bank's ability to perform the numerous services utilized by staff for maintaining and securing the County's funds. The selection committee evaluated the resources, locations and experience of the proposing banks in handling the various complexities of the County's banking needs. Proposals were thoroughly reviewed and the committee's rankings for banking and lockbox services are below. Final ranking tabulation sheets are attached. Ranking — Banking Services Rank Appr4ved 1 Wells Fargo Bank 2 TD Bank 3 Bank United 3 Florida Community Bank 5 SunTrust 6 Oculina Bank 7 CenterState Bank Ranking — Lockbox Services Rank Appr4ved 1 Regions Bank 2 SunTrust 3 Oculina Bank 4 Florida Community Bank 5 CenterState Bank 6 Intuition Systems 6 Wells Fargo 8 Bank United 9 TD Bank Recommendations: Selection committee recommends awarding the banking services contract to Wells Fargo Bank and awarding the lockbox services contract to Regions Bank, with each contract to have an initial term of three years and an option to renew for two additional terms of two years each. Upon Board approval of the recommendations, we will work with the County Attorney's office and bring back the contracts for approval by the Board at a later date. APPROVED AGENDA ITEM: FOR: 10/11/2016 Indian River County Appr4ved at Administrator is 13 I County Attorney{� Budget A/b L4 Department Risk Management 22 Scoring RFP 2016052 Banking Services 23 CR a aep m 'D 4.0 LL Y r L m Vl maJ Co u 2 LL. u O = �n 0 F - Rank Rank Rank Rank Rank Rank Rank Finance Director 4 5 2 6 6 1 2 Budget Director 2 7 5 6 4 2 1 Assistant Finance Director 3 7 4 6 5 1 1 Utilities Finance Manager 4E25 2 6 4 3 1 TOTAL 13 13 24 19 7 5 Average 3.25 6.25 1 3.25 6.00 4.75 1 1.75 1.25 23 Scoring RFP 2016052 Lockbox Services 24 E ECA -W A Y C O Ca e�'o m a ° C 0 2 Y C .� Co �p m V O li = O OC O N I-- 4J Rank Rank Rank Rank Rank Rank Rank Rank Rank Finance Director 5 4 7 6 3 1 1 9 7 Budget Director 5 8 4 8 5 1 1 5 3 Assistant Finance Director 6 7 7 4 3 1 1 9 5 Utilities Finance Manager 9 3 2 5 6 1 4 7 8 TOTAL 25 22 20 23 17 4 7 30 23 Average 6.25 5.50 1 5.00 5.75 4.25 1.00 1.75 7.50 5.75 24 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Consent Agenda - B. CC 10. 18.16 Off, C of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attornev-,� DATE: October 12, 2016 ATTORNEY SUBJECT: First Amendment to Indian River County Public Works Department Professional Surveying & Mapping Services Master Agreement for Annual Professional Surveying & Mapping Services - IRC Project No. 1605 with Morgan & Eklund, Inc. BACKGROUND On October 4, 2016, Indian River County and Morgan & Ekland, Inc. entered into the Indian River County Public Works Department Professional Surveying & Mapping Services Master Agreement for Annual Professional Surveying & Mapping Services - IRC Project No. 1605 (the "Master Agreement"). On October 3, 2016, Governor Rick Scott issued Executive Order Number 2016-230, declaring a state of emergency in the State of Florida due to Hurricane Matthew. Pursuant to section 101.10(1) of the Code of Ordinances of Indian River County, and Resolution 2015-127 of the Board of County Commissioners, on October 6, 2016, the County Administrator declared a local state of emergency. During the emergency, the County Administrator approved the First Amendment to Indian River County Public Works Department Professional Surveying & Mapping Services Master Agreement for Annual Professional Surveying & Mapping Services - IRC Project No. 1605 with Morgan & Ekland, Inc. (the "First Amendment") in which the parties agreed to modify the Master Agreement to clarify compliance with federal regulations. The County Attorney's Office is requesting the Indian River County Board of County Commissioners ratify the attached First Amendment and authorize the chair to execute the First Amendment. Approved for October 18, 2016 BCC Meeting Consent Agenda COUNTY ATTORNEY F: A11—y Lid. GFNFRAL B C CAg-da A/e.-Al-g- & Fk1andA—d—.d- 25 Indian River Co. App ed Date Admin. Co. A to 10 Budget lvj S J L j Department PW ALS Purchasing F: A11—y Lid. GFNFRAL B C CAg-da A/e.-Al-g- & Fk1andA—d—.d- 25 Board of County Commissioners October 12, 2016 Page Two FUNDING. There is no funding associated with the ratification of the First Amendment. RECOMMENDATION. The County Attorney's Office recommends ratifying the attached First Amendment and authorize the chair to execute the First Amendment. ATTACHMENT(S). First Amendment F l4,1—,y, lnda'G£VERAL''B C ClAgmda Al. -Along. & £ki-dA—d—t.d- 26 FIRST AMENDMENT TO INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROFESSIONAL SURVEYING & MAPPING SERVICES MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES — IRC PROJECT NO. 1605 THIS FIRST AMENDMENT TO INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROFESSIONAL SURVEYING & MAPPING SERVICES MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES — IRC PROJECT NO. 1605 ("First Amendment") is entered into as of the �1-- day of October, 2016 by and between Indian River County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and Morgan & Eklund, Inc. hereinafter referred to as the "SURVEYOR". RECITALS WHEREAS, on October 4, 2016, COUNTY and SURVEYOR entered into the Indian River County Public Works Department Professional Surveying & Mapping Services Master Agreement for Annual Professional Surveying & Mapping Services — IRC Project 1605, hereinafter referred to as the "Master Agreement"; and WHEREAS, COUNTY and SURVEYOR desire to amend the Master Agreement to address additional issues pertaining to compliance with federal laws; and NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Section XII amended. Section XII of the Master Agreement is hereby amended to read as follows: SECTION XII — TERMINATION Either party may terminate this Agreement for cause or for convenience upon seven (7) days written notice to the other party, except if the SURVEYOR terminates this Agreement, such termination shall not be effective, absent the COUNTY's consent, until the SURVEYOR's completion to the COUNTY's satisfaction, of any pending Work Order. 3. Section XXI amended. Section XXI of the Master Agreement is hereby amended to read as follows: SECTION XXI — CHOICE OF LAW AND VENUE Page 1 of 4 27 This Agreement shall be governed by the laws of the State of Florida. If a dispute between the parties arises out of or relates to this Agreement the breach thereof, or any performance or obligation due hereunder, and if the dispute cannot be settled through direct negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by a mediator certified by the Florida Supreme Court before resorting to litigation. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 4. Section XXVI added. Section XXVI is hereby added to the Master Agreement to read as follows: SECTION XXVI — REMEDIES FOR BREACH OF TERMS, SANCTIONS AND PENALTIES A. The occurrence of any of the following shall constitute a default by SURVEYOR and shall provide the COUNTY with a right to terminate this Agreement under Section XII in accordance with the requirements of this Section, in addition to pursuing any other remedies which the COUNTY may have under this Agreement or under law: 1. if in the COUNTY's opinion SURVEYOR is improperly performing work or violating any provision(s) of the Agreement; 2. if SURVEYOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by COUNTY pursuant to an inspection; 3. if in the COUNTY's opinion SURVEYOR's work is being unnecessarily delayed and will not be finished within the prescribed time; 4. if SURVEYOR assigns this Agreement or any money accruing thereon or approved thereon, in violation of the requirements set forth in Section XV; or 5. if SURVEYOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for SURVEYOR or for any of his property. B. COUNTY shall, before terminating the Agreement for any of the foregoing reasons, notify SURVEYOR in writing of the grounds for termination and provide SURVEYOR with seven (7) calendar days to cure the default to the reasonable satisfaction of the COUNTY. C. If the SURVEYOR fails to correct or cure within the time provided in the preceding Sub -Section B, COUNTY may terminate this Agreement as set forth in Section XII. Upon receiving such notification, SURVEYOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the COUNTY may authorize SURVEYOR to restore any work sites. D. The SURVEYOR shall be liable for: Page 2 of 4 28 I . any new cost incurred by the COUNTY in soliciting bids or proposals for and letting a new agreement; and 2. the difference between the cost of completing the work under the new agreement and the cost of completing the work under this Agreement; 3. any court costs and attorney's fees associated with any lawsuit undertaken by COUNTY to enforce its rights herein. 5. Section XXVII added. Section XXVII is hereby added to the Master Agreement to read as follows: SECTION XXVII — FEDERAL REQUIREMENTS A. In addition to those requirements set forth in Section XX above, in compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), SURVEYOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. No laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. B. SURVEYOR shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to COUNTY and the Regional Office of the Environmental Protection Agency (EPA). C. Consistent with 2 CFR 180.220, SURVEYOR shall not be listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. D. In addition to those requirements set forth in Section XXV, SURVEYOR shall file the required certification per 31 U.S.C. 1352. SURVEYOR certifies that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. SURVEYOR shall also disclose any lobbying with non -Federal funds that takes place in Page 3 of 4 29 connection with obtaining any Federal award. Such disclosures shall be forwarded from tier to tier up to the non -Federal award. 6. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and SURVEYOR have executed this First Amendment this 0 --clay of October, 2016 ATTEST: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS LO -A Jeffrey R. Smith Clerk of Court and Comptroller Bob Solari, Chairman Board of County Commissioners Date Approved by COUNTY: Deputy Clerk APP ED BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Jason f. Br n. County Administrator 15ylan Reingold, County Attorney Per ReU(iition 2016-127 and Proclamation Declaring Emergency, dated October 6, 2016 Signed, sealed and delivered in the presence of. Print Name: Print Name: Page 4 of 4 SURVEYOR: QRGAN LUND INC. Print Name: CI �- Print Title: tJ4tJe4,1+ 30 CONSENT: 10/18/16 V Office of INDIAN RIVER COUNTY coRt�>� ATTORNEY _j..,.. � VUIILy .-Iiwrney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: October 12, 2016 SUBJECT: Escheated Property Located Within the Municipal Boundaries of the City of Fellsmere Two lots located within the municipal boundaries of the City of Fellsmere escheated to Indian River County. This property had been on the List of Lands Available for Taxes for the prerequisite three years, and the Clerk of Court issued and recorded an Escheatment Tax Deed. The property is identified as.- Lots s: Lots 5 and 6, Lincoln Park Subdivision, as recorded in Plat Book 1, Page 60 Site address: 12960 100th Place, Fellsmere, Florida 32948 Since this property is located within the boundaries of an incorporated municipality of the County, and because the property was not acquired for infill housing and no applications for restitution of the property were filed by the record fee simple owners of the property as of the date the county obtained title, the County is required under Section 197.592(3), Florida Statutes, to convey the property to the governing board of the municipality in which the land is located. Approved for October 18, 2016 BCC Meeting (CONSENT) I�OUNTY ATTORNEY 31 Attached is the County Deed which has been prepared to convey the property to the City of Fellsmere. Additionally, the City has been notified of this impending action. FUNDING The total cost with regard to this transaction is recording fees totaling $10.70 which is available from the General Fund/County Attorney's Office/Recording Fees - Account No. 00110214-034830. RECOMMENDED ACTION Authorize the Chairman of the Board of County Commissioners to execute the County Deed conveying the property to the City of Fellsmere, pursuant to Section 197.592(3), Florida Statutes. /nhm Attachment cc: Jason R. Nunemaker — City Manager, City of Fellsmere Putnam Moreman, CPA, CGFM — Finance Director, City of Fellsmere Warren Dill — City Attorney, City of Fellsmere 2 32 Prepared by: Office of County Attorney 1801 27"' Street Vero Beach, FL 32960 772-226-1425 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this 18th day of October, 2016, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, and CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, party of the second part, whose mailing address is 22 S. Orange Street, Fellsmere, Florida 32948. WITNESSETH that the said party of the first part, in compliance with Section 197.592(3), Florida Statutes, has granted, bargained, conveyed and sold to the party of the second part, its successors and assigns forever, the following described land lying and being in Indian River County, Florida: Lots 5 and 6, Lincoln Park Subdivision, as recorded in Plat Book 1, Page 60, Public Records of Indian River County, Florida. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Bob Solari, Chairman BCC approved: October 18, 2016 APPROVED AS TO FORM (Official Seal) AND LEGAL SUFFICIENCY BY LAN REINGOLD COUNTY ATTORNEY 33 CONSENT: 10/18/16 Of ce of INDIAN RIVER COUNTY Dylan 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�)k DATE: October 11, 2016 ATTORNEY SUBJECT: Resolutions Canceling Taxes on Properties Acquired by Indian River County for Public Purposes Three resolutions have been prepared for the purpose of canceling any delinquent or current taxes which may exist on the below listed properties acquired by Indian River County: (portion) of Tax Parcel I.D. # Dedicated by: Description/Location Instrument: Public Purpose Tax Parcel I.D. # Purchased from: Description/Location Instrument: Public Purpose 33-38-26-00001-0070-00001.0 Florida Power & Light Company cornerclip at Spanish Lakes Substation (86th Avenue SW/"C-5" Canal) Quit -Claim Deed, recorded in Book 2967, Page 1574 right-of-way 33-39-09-00001-0080-00001.0 Ventures Trust 2013 -1 -H -R by MCM Capital Partners, LLC, its Trustee 1313 43rd Avenue, Vero Beach, Florida Special Warranty Deed, recorded in Book 2968, Page 988 future 43rd Avenue right-of-way Approved for October 18, 2016 BCC Meeting CONSENT 'COUNTY ATTORNEY Indian River Co. ApprcWed Date Admin. o Co. Atty. Budget Department Risk Management --- --- 34 Tax Parcel I.D. # 32-39-33-00001-0140-00001.5 Purchased from: Michael J. and Lisa B. Giessert Description/Location: 262554 th Avenue, Vero Beach, Florida Instrument: Warranty Deed, recorded in Book 2967, Page 162 Public Purpose: future 26th Street 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 three Resolutions 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 Attachments: Resolutions cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser IIS 35 Portion of Parcel No. 33-38-26-00001-0070-00001.0 (Spanish Lakes Substation) Dedicated to Indian River County by Florida Power & Light Company Public Purpose: cornerclip 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 36 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 Florida Power & Light Company for right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Quit -Claim Deed recorded in Book 2967, Page 1574, 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 being put to a vote, the vote was as follows: , and, upon 2 37 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 18th day of October, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 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 $ APPROVED AS TO FORM AN L L SUFFIC NC i3 Y WILLIAM DEBR,AAL DEPUTY COUNTY ATTORNEY Bob Solari, Chairman 3 38 3120160054641 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL 3K: 2967 PG: 1574,9/23/2016 9:05 AM D DOCTAX PD $0.70 This document was Prepared by: Indian River county Attorney's Office 1801 27th Street Vero Beach, FL 32960 (772) 226-1425 QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this lg4h day of I -u i 2016, by FLORIDA POWER & LIGHT COMPANY, a Florida corporation, firantor, whose mailing address is 700 Universe Boulevard (CREME), Juno Beach, FL 33408, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, Grantee, whose mailing address is 1801 27th Street, Vero Beach, FL 32960. WITNESSETH: That Grantor, for and in consideration of the sum of One Dollar ($1.00), in hand paid by Grantee, the receipt whereof is hereby acknowledged, and other good and valuable consideration, does hereby quit -claim unto Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which Grantor has In and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River, State of Florida, to -wit: See Exhibit "A" IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed in the presence of: FLORIDA POWER & LI COMPANY, sign: a Florid , orporation� printed nameIILGinrn — By: G� sign: prin ed nam :_ nAan . Gir8rc1 printed name: 1 ' S title:_ IRMA QXROO RWEM STATE OF FRIDA COUNTY OF The foregoing instrument was a know[dged before me this Wdn"y of 2016, by DeanJaII' dthef AR&1D'A:fAW­ER i LIGHT COMPANY, a Florida corporation, on beha of and wl the authority of said corporation. He/she is personally known to me or who has produced as identifica Ion. APPROVED AS TO FOP i Air! S F! 8Y mtl. " OEZAAAL DEWrrC0tJDr VATTr?1kMy NOTARY PUBLIC sign:i printed ame: Commission No.: Commission Expiration:_ —N Pubic Ste% of %dda Michelle M Kahnann r myCwwnksaibnFF90463 __EX0Jr" 09HNY019 39 3K: 2967 PG: 1575 Exhibit A LEGAL DESCRIPTION A portion of Tract 7, in Section 26, Township 33 South, Range 38 East, Indian River County, Florida, according to the last general plat of the lands of INDIAN RIVER FARMS COMPANY, filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; said now situate, lying and being in Indian River County, Florida, LESS AND EXCEPT all rights of way of record for drainage canals and public roads; More Particularly Described as Follows: COMMENCE at the Southwest corner of sold Tract 7, proceed North 015'09" East, a distance of 30.00 feet; thence South 89'48'18" East, a distance of 30.00 feet to the Point Of Beginning of this description; thence North 00'15'09' East, along a line 30.0 feet East of and parallel to the West line of said Tract 7, and the East line of canal D-3, as shown on said plat, a distance of 50.00 feet; thence South 44'46'35' East, a distance of 70.68 feet to a point 30 feet North of the South line of said Tract 7, also being the North line of a 30 foot Road Right—of—way as shown on said plat; thence North 89'48'18" West, along a line 30 feet North of and parallel to the South line of said Tract 7, a distance of 50.00 feet to the POINT OF BEGINNING. NOTES: 1.) NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2.) THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE WEST UNE OF TRACT 7, IN SECTION 26, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID NOW SITUATE, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA,HAVING A REFERENCE BEARING OF NORTH q*W09"I r E4,, T. 3•) TIJ{ L'ANU DEStMPTION" SHOWN HEREON WAS PROVIDED BY THE SURVEYOR. 4.).;T'�i[S'. ISLOf�:A:: BSJIJNDARY SURVEY. 5, NQT VALID WIik10C1T SHEET 2 OF 2. Th,dipa�.P''Kierrid ^• ae Profe4slpridlrSdrro�c M. 6199 apper Sheet 1 of 2 rida G�Elt1fi¢o eIIo Flo DESCRIPTION Of A PORTION OF TRACT 7, INDIAN RIVER FARMS CO. PLAT File: 15-073 SKETCH CULPEPPER & TERPENING, INC Date: 10-14-2015 CONSULTING ENGINEERS I LANG SURVEYORS 2m soum 278 T2'1swr . romm }nbjm% rLDxmA )N[1 PHONE 77Z464,%W . TeX 7T246~ .....ems 7�evm TOTW 7 . MA WA3"94 Tech: RNJ n ���•ow.va. 40 BK: 2967 PG: 1576 SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY Qa 1`QYEW o0 L, j M Z 0 LA- 0 z�N 6z W J Z Z TRACT 6 Cn D 0 v INDIAN RIVER FARMS CO. TRACT 7U PLAT OF LANDS AND PLAN FOR LAND (n w INDIAN RIVER FARMS CO. DRAINAGE AND ROAD RESERVATIONS N PLAT OF LANDS AND PLAN FOR LAND PLAT BOOK 2, PAGE 25, FORMERLY ST. LUCIE, I DRAINAGE AND ROAD RESERVATIONS NOW INDIAN RIVER COUNTY, FLORIDA PLAT BOOK 2, PAGE 25, FORMERLY ST. LUCIE, I NOW INDIAN RIVER COUNTY, FLORIDA Q I QLL- o Q to o 0 o ASF o POINT 0 °sem, 0 Z BEGINNING (REFERENCE BEARING) NO'15'09"E 30.00' -- POINT OF COMMENCEMENT SW CORNER OF TRACT 7 t CENTER OF 9EC11ON 26, AND So TN1 SWIK�r� TRAC38 T 7 NOT VALID WITHOUT SHEET 1 OF 2. SKETCH OF DESCRIPTION OF A PORTION OF TRACT 7. INDIAN RIVER FARMS CO. PLAT 89.4818"W 50.00' 1'18"E 30.00' Q' ROAD—RI—GET—QF—WAY PLAT BOOK 2, PAGE 25 -- — 1 GRAPHIC SCALE 1 40 0 20 40 I J ( IN ma — I hwh - 40 R Sheet 2 of 2 File: 15-073 SKETCH Date: 10-14-2015 CULPEPPER & TERPENING, INC CONSULTING ENGINEERSI LAND SURVEYORS 2M 30LIM 2Af 31731Nr .34961 - PRC*W 7/1464117/ • PAZTT14649N7 • Tech: RNJ M SWFLA==AV W= - S79AXZ PLC=A seg/ P110M 772.220-tM - PAZ 7714649497 41 Parcel No. 33-39-09-00001-0080-00001.0 Purchased from VENTURES TRUST 2013 -1 -H -R BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE Public Purpose: future 431d Avenue 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 42 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.- Any hat: Any and all liens for taxes delinquent or current against the following described lands purchased by Indian River County from VENTURES TRUST 2013 -1 -H -R BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE for future 43rd Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F. S. See attached Special Warranty Deed recorded in Book 2968, Page 988, 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 43 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 18th day of October, 2016. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller An - Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Xn- ax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited With Tax Collector $ �� APPROVED AS TO FORM AN L S FFIC N F+Y POADETYCUJTVT ORNEv Bob Solari, Chairman 3 44 ;120160055301 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL 3K: 2968 PG: 988,9/27/2016 12:19 PM D DOCTAX PD $1,750.00 THIS INSTRUMENT PREPARED BY: Certified Document Solutions C/o Attorney Bruce Clark 17345 Civic Drive, Unit 1961 Brookfield, WI 53045 Return to and mail tax statements to: Indian River County, a political subdivision of the State of Florida 1801 27th Street Vero Beach, FL 32960 Reference Number: MCM-576041-REO Property ID#: 33390900001008000001.0 SPECIAL WARRANTY DEED a�THIS SPECIAL WARRANTY DEED, made thelk—day of �EpTlwj(�� , by VENTURES TRUST 2013 -I -H -R BY MCM CAPITAL PARTNF.RC 1.11- tTC TRUSTEE, whose post office address is 7500 Old Georgetown Rd, Suite 1300, Bethesda, MD 20814, hereinafter called Grantor, to INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose post office address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called Grantee: Wherever used herein the terms "GRANTOR" AND "GRANTEE" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations_ WITNESSETH: That the Grantors, for and in consideration of the sum of $250,000.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, the following described lot, piece or parcel of land, situate, lying and being in Indian River County, State of Florida, to -wit: SEE COMPLETE LEGAL ATTACHED AS EXHIBIT "A" PROPERTYADDRESS: 1313 43rd Avenue, Vero Beach, FL 32960 TO HAVE AND TO HOLD the lot or parcel above described together with all and singular the rights, privileges, tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining unto the said Grantee and unto Grantee's heirs, administrators, successors or assigns, forever in fee simple. The warranties passing to the Grantee hereunder are limited solely to those matters arising from acts of the Grantor, its agents or representatives, occurring solely during the period of the Grantor's ownership of the subject real estate; and that said land is free of all encumbrances, except taxes accruing subsequent to the current tax year. Whenever used, the singular name shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 45 BK: 2968 PG: 989 In witness hereof, Grantor has hereunto set a hand and seal the day and year first written above. Ventures T t 20 -I- - By: MC apt I Partners, LLLP, Uk/a MCM Capital Partners, LLC, Trustee By: - S is S' P px)ly,e 1, ✓1 , its Vice President Signed, sealed and delivered in our presence: WITNESSES: _ W ES #1 SIGNATURE WI SS ZTED NAME:_ WITNESS #2 SIGNATURE ` WITNESS #2 PRINTED NAME: Liva I STATE OF MQYI/ 1 C1 ICI `I COUNTY OF Before me, the undersi ned, a Notary Public, in and for said County and State, this h` day of � t,lo personally appeared �/ P T}rp�, e Vice President of MCM Capital artners, LLLP, f/Ua MCM Capital Partners, LLC as Trustee for VENTURES TRUST 2013 -I -H -R, a Statutory Trust organized and existing under the laws of the State of Delaware and acknowledged thj�px+e�t lbw,9f� the foregoing instrument for and on be f said Grantor and who, have been duly sworn, stated `i�ieVtiei(''�i; therein contained are true. otaryPublic?�GTARJ� , Printed Name: N4- WVn eu �� p My Commission Expires: Z.0 EO; (J8 LNG A Resident of W!141OV C'41ounty►V1 p►1 N✓10v� %G� A ryo No title search was performed on the subject property by the prepaK,�Rlpr(09? this deed makes neither representation as to the status of the title nor property use or any zoning itgaNtlertis concerning described property herein conveyed nor any matter except the validity of the form of this instrument. Information herein was provided to preparer by Grantor/Grantee and /or their agents; no boundary survey was made at the time of this conveyance. 46 3K: 2968 PG: 990 Exhibit "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF INDIAN RIVER, CITY OF VERO BEACH, STATE OF FLORIDA, AND IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 8 SECTION 9, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS CO, AS FILED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH ON THE EAST LINE OF SAID TRACT 8, A DISTANCE OF 345 FEET TO THE POINT OF BEGINNING; THENCE RUN WEST AND PARALLEL TO THE NORTH LINE OF SAID TRACT 8; A DISTANCE OF 538 FEET TO A PIPE; THENCE RUN IN A SOUTHERLY DIRECTION A DISTANCE OF 647.5 FEET TO A PIPE; THENCE RUN EAST A DISTANCE OF 545 FEET TO THE EAST LINE OF SAID TRACT 8; THENCE RUN NORTH ON THE EAST LINE OF SAID TRACT 8 A DISTANCE OF 635 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE SOUTH 315 FEET OF THE ABOVE DESCRIBED LAND; AND LESS AND EXCEPT THE EAST 40 FEET OF SAID SECTION 9, FOR ROAD RIGHT-OF-WAY FOR 43RD AVENUE, ALSO KNOWN AS CLEMANNS AVENUE, LESS AND EXCEPT THAT PORTION AS SET FORTH AND DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 1231, PAGE 2610, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. PARCEL ID #33390900001008000001.0 THIS BEING THE SAME PROPERTY CONVEYED TO VENTURES TRUST 2013 -I -H -R BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE FROM BANK OF AMERICA, NATIONAL ASSOCIATION IN A DEED DATED AUGUST 17, 2015 AND RECORDED AUGUST 20, 2015 IN BOOK 2871 PAGE 1257. FyA Cashier: ----- ------ dlg —- Paid By: ------- - - - ATLANTIC COASTAL LAND TITLE CO 855 21ST STREET SUITE C VERO BEACH, FL _32_9_60_ _ Posted Date: _ _ _ _ _ 09/27/2016 10:51 AM Received Via: In Person Num. Items: ------------------------ 1 Total Tendered: $3,217.74 Receipt #: ----------------------- 140-00000575 Batch: -------------- 159427 Drawer. - - - - - 140--------- - Status: — - - - - - - Complete Carole Jean Jordan Indian River County Tax Collector PO Box 1509, Vero Beach, FL 32961-1509 Receipt Item Details Effective Due Paid _ —33 Advance _ ___Date________ 39 09 00001 0080 000010 09/27/201_ 6 $3_,21_7.7_4 Deposit $3,217.74 (GOVT PURCH) _ _, ----------- ----------=---------------------- Total: ------------------------._. _. _ $3_217.74--- $3,217.74 _ _.------- Payment -------------------------------------- ----- Details Paid Check Acc#XXXX0 Chk#9417 $3,217.74 Balance: $0.00 Cf:3 Parcel No. 32-39-33-00001-0140-00001.5 Purchased from Michael J. and Lisa B. Giessert Public Purpose: future 261h Street 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 49 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 purchased by Indian River County from Michael J. and Lisa B. Giessert for future 26th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed recorded in Book 2967, Page 162, 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 50 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 18th day of October, 2016. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller In Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited With Tax Collector $ �� �'• APPROVED AS TO FORM ANO LEGAL SUFFI BY 6� - — WILLIA K. DEBRAAL DEPUTY COUNTY ATTORNEY Bob Solari, Chairman 3 51 il20160054227 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL 3K: 2967 PG: 162,9/21/201611:28 AM D DOCTAX PD $1,631.00 Prepared by and return to: George G. Collins, Jr., Esq. Attorney at Law Collins, Brown, Barkett, Garavaglia & Lawn, Chartered 756 Beachland Boulevard Vero Beach, FL 32963 772-231-4343 File Number: 10036 Above This Line For Recotiling Warranty Deed This Warranty Deed made this/ ay of September, 2016 between Michael J. Giessert and Lisa B. Giessert, husband and wife whose post office address is P.O. Box 402, Vero Beach, FL 32961, grantor, and Indian River County, a Political Subdivision of the State of Florida whose post office address is 1801 27th Street, Bldg A., Vero Beach, FL 32960, grantee: (whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida to -wit: The North 160 feet of the South 189.43 feet of the West 171.31 feet of Tract 14, Section 33, Township 32 South, Range 39 East, according to the last general Plat of lands of the Indian River Farms Company Subdivision, recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida; Sold land now lying and being in Indian River County, Florida. Less that portion for additional right of way as set forth in Plat Book 14, Page 18, Public Records of Indian River County, Florida. Parcel Identification Number: 32-39-33-00001-0140-00001/5 Subject to taxes for 2016 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining_ To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2015. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime® 52 ;K: 2967 PG: 163 Signed, sealed and delivered in our presence: Witfi&wWme: H!S (Aller" I I fitness Name: tybarp 4- ��-Pqv State of Florida County of Indian River The foregoing instrument was acknowledged Giessen, who [ L4-fre personally known or [_] [Notary Seal) BARBARA K P -F \7V MY COMPAS, j?i EKPIRES� Soadea Ttvu WoN., Pd'Lc &ZI 7 (Seal) Michael 143ie-ssert Lisa B. Giessert before me this day of September, 2016 by Michael J. Giessen and Lisa B. have produced drivear'senses as identification. Notary Public Printed Name: '11,kr-bara My Commission Expires: 3/Z t // 7 Warranty Deed - Pap 2 DoubleTimee 53 Transaction Cashier: -------------------- L82 Paid By: - - - BOARD OF C_O_U_NT_Y_ COMMISSIONERS Posted Date: ---------------------- 10/05/2016 11:10AM Received Via: ---------- In Person -- Num. Items: ---------------------- ----- - - - - - - 1 Total Tendered: ------------ $1,563.32 -- Receipt #: ---------- --- - - - - - - 106-00000006 — Batch: ---------------------- ----- - - - - - - 159650 Drawer: --------- 106 --- Status: ---- - - - - -- Complete Carole Jean Jordan Indian River County Tax Collector PO Box 1509, Vero Beach, FL 32961-1509 Receipt Item Details Effective Due Paid ------------33-0-00-0-1_ Date Advance _ 32 39 0140 00001.5 _ 10/05/2016 $1,563.32 $1,563.32 Deposit GOVT PURCHASE - 2016 PRO - (GOVT RATED TAXES. IRC/GIESSERT PURCH) ------ ------ ------- ---------- T- —otat: ------------------- —------—----—-- - - - - - —------ $1,563.32----$1,563_32 ----------------------------------- Payment Details ------------ Paid Check ACc#XXXXO Chk#00345194 $1,563.32 Balance: SO 00 54 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Consent Agenda - B. C. C. 10.11.16 Ofce of .. INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney V DATE: September 29, 2016 ATTORNEY SUBJECT: Board of Trustees of the Internal Improvement Trust Fund of the State of Florida v. Kim Blair, Jay Scott, Carol Scott and Indian River County BACKGROUND On September 14, 2016, the parties in the above -referenced case attended mediation. At the conclusion of mediation, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the "Board of Trustees"), Kim Blair, Jay Scott and Carol Scott agreed to enter into a Consent Final Judgment and a sovereign submerged lands lease. In order to conclude the litigation with the Board of Trustees, the County Attorney's Office presents the attached Consent Final Judgment and a quitclaim deed concerning any interest Indian River County may have in those lands waterward of the Ordinary High Water Line of Blue Cypress Lake. RECOMMENDATION The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the Consent Final Judgment and the quitclaim deed and authorize the chair to sign the Consent Final Judgment, the quitclaim deed and any and all documents necessary to effectuate the Consent Final Judgment. ATTACHMENTS Consent Final Judgment Quitclaim Deed Letter from Vocelle & Berg, LLP Approved for October 11, 2016 BCC Meeting Consent Agenda COUNTY ATTORNEY F. Ammey'tindaiG£NE ZALiBCCL4gendaMemm Saldrowe Settle—Ag ee—dw Indian River Co. App5Rjed Date Admin. l Co. Atty. Budget Department --- --- Risk Management I --- --- 55 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, Plaintiff, vs. KIM M. BLAIR, JAY SCOTT, CAROL SCOTT, and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, Defendants. CASE NO.: 31 -2012 -CA -000937 CONSENT FINAL JUDGMENT The Plaintiff, Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("Board"), and Defendant, Indian River County, Florida, ("County") agree and consent to the entry of this Consent Final Judgment, and the Court, having reviewed the pleadings and the record, and being otherwise duly informed, does hereby ORDER AND ADJUDGE, as follows: 1. The Court has jurisdiction over the subject matter and parties to this action. 2. The Board is responsible for overseeing state owned lands and ensuring that they are managed in trust for the citizens of the State of Florida pursuant to Chapter 253, Florida Statutes, and the rules promulgated and authorized thereunder, Title 18, Florida Administrative Code. 3. The Florida Department of Environmental Protection ("Department") performs all staff duties and functions related to the administration of state lands as provided in Section 253.002, Florida Statutes. 56 4. Blue Cypress Lake is a navigable and non -tidal water body. 5. The County has a deed recorded in Deed Book 47, Page 507, Public Records of Indian River County, Florida for property abutting Blue Cypress Lake located in Township 32 South, Range 36 East, Indian River County, Florida. 6. The ordinary high water line of Blue Cypress Lake is the boundary between the County's property and the Board's sovereignty land. 7. The Board is the fee simple owner of all of the sovereignty land lying waterward of the ordinary high water line of Blue Cypress Lake, located in Indian River County, Florida. The County does not claim any interest to sovereignty land lying waterward of the ordinary high water line of Blue Cypress Lake. 8. The Board and County agree to the terms of this Consent Final Judgment to settle all claims raised in the Complaint filed in this case. As such, the Board and County submit themselves to the jurisdiction of this Court. 9. Judgment is hereby entered in favor of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (3900 Commonwealth Boulevard, Tallahassee, Florida 32399), and against the County (1801 27th Street, Vero Beach, Florida 32960). 10. Within 10 days of entry of this Judgment, the County shall quitclaim to the Board all sovereignty lands lying waterward of the ordinary high water line of Blue Cypress Lake within that parcel described in that Warranty Deed recorded in Deed Book 47, Page 507, Public Records of Indian River County, Florida, and submit the quitclaim deed to the Department's Division of State Lands, Negotiations Section, at 3900 Commonwealth Blvd., MS # 100, Tallahassee, FL 32399. See Exhibit 1) 2 57 l 1. Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be valid and have the same force and effect as originals. 12. The Board and County shall be responsible for their own costs and attorney's fees incurred in this action. 13. This Court shall retain jurisdiction to enforce this Consent Final Judgment by contempt or other appropriate sanctions. ORDERED in Indian River County, Florida this day of , 2016. PAUL B. KANAREK Circuit Judge 58 I, BOB SOLARI, AS CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY, FLORIDA, HEREBY AGREE AND CONSENT TO THE COURT'S ENTRY OF THIS CONSENT FINAL JUDGMENT WITHOUT FURTHER HEARING IN COMPLETE SATISFACTION OF ALL OF THE CLAIMS ARISING OUT OF THE COMPLAINT IN THIS CASE BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND DEFENDANT, INDIAN RIVER COUNTY, FLORIDA. THEREFORE, I MOVE THAT THE COURT ENTER THIS CONSENT FINAL JUDGMENT. Date: Bob Solari, as Chairman of the Board of County Commissioners for Indian River County, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, HEREBY AGREES AND CONSENTS TO THE COURT'S ENTRY OF THIS CONSENT FINAL JUDGMENT WITHOUT FURTHER HEARING IN COMPLETE SATISFACTION OF ALL OF THE CLAIMS ARISING OUT OF THE COMPLAINT IN THIS CASE BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND DEFENDANT, INDIAN RIVER COUNTY, FLORIDA. THEREFORE, THE BOARD MOVES THAT THE COURT ENTER THIS CONSENT FINAL JUDGMENT. Date: David Clark Director of State Lands, Division of State Lands State of Florida Department of Environmental Protection Copies to: Bonnie A. Malloy, Esq. Louis Vocelle, Esq. Harold Melville, Esq. Dylan Reingold, Esq. 60 THIS INSTRUMENT PREPARED BY AND PLEASE RETURN TO: Division of State Lands Negotiations and Litigation Support Section Florida Department of Environmental Protection 3900 Commonwealth Blvd., Mail Station 100 Tallahassee, Florida 32399 QUITCLAIM DEED THIS QUITCLAIM DEED made this day of , 2016, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, party of the first pan, whose post office address is 1801 271 Street, Vero Beach, Florida 32960, and BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose post office address is State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 108, Tallahassee, Florida 32399-3000, party of the second pan. WITNESSETH: That the said party of the first part, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other valuable consideration, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and quitclaimed, and by these presents does remise, release and forever quitclaim unto the said party of the second part, all the right, title, interest, claim and demand of the said party of the first part in and to the following described land, situate and being in the County of Indian River, State of Florida, to wit: See Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same, together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said patty of the second part. IN WITNESS WHEREOF, party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY, a political subdivision of the State of Florida (SEAL) By: Its Board of County Commissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: �_--� Bob Solari, as Chairman BY DYLAN REINGOLD By:_( COUNTY ATTORNEY JasonE(7FFICIAL as County Administrator SEAL) Attest: Jeffrey R. Smith, Clerk of Court Page 1 of 2 61 EXHIBIT "A" All those sovereignty lands lying waterward of the Ordinary High Water Line of Blue Cypress Lake in Indian River County, Florida and within that parcel described as the North 800 feet of lot L of Fellsmere Farms Company's Subdivision of Township 32 South, Range 36 East, according to Plats filed in Plat Book 2, pages 18 and 21 of the Public Records of St. Lucie County, Florida, said parcel described in that Warranty Deed recorded in Deed Book 47, Page 507, Public Records of Indian River County, Florida. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 2 of 62 VOCELLE & BERG, LLP ATTORNEYS AT LAW A LIMITED LIABILITY PARTNERSHIP OF 3333 20TH STREET ST. LUCIE COUNTY OFFICE PROFESSIONAL AuocunoNs: VERO BEACH, FLORIDA 32960-2469 101 NORTH U.S. ONE, SUITE ao Pr. PiERcE,FLORIDA 3495o LOUIS B. VOCHLLH, iR., P.A. TELEPHONE 7 72) 562-8111 { TELErHONE:(nz)459-0774 BOARD CER7IFIEO CIVILTRIAL LAWYER BOARD CEItTIPIED BUswm LITIGATION FAX (772) 562-2870 HAROLD G. MELVILLE - OF COUNSEL Internet Vvww.VocelIeBerg.com BOARD CERTIFIED CIVIL TRIAL LAWYER PAUL R. BERG, P.A. BOARD CERTIFIED BUSINESS LITIGATION BOARD CERTIFIED CMLTIUAL LAWYER BOARD CnnFIED BRISINESs LtncAnoN PLEASE ALEXANDRA M. MCGEE REPLY To V ERO BEACH ALSO ADMITTED IN PENNSYLVANIA & NEW JERSEY E-MAIL: BVocefle@VocelleBerg.com YTure@Voce eBerg.com (FL Registered Paralegal) October 11, 2016 Sent via Email only: e-service@ircgov.com; Dylan Reingold, Esquire Indian River County Attorney 1801276' Street Vero Beach, FL 32960 Re: Blair & Scott adv. Board of Trustees of the Internal Improvement Case No.: 31 -2012 -CA -000937 Our File No.: 5972.00001 Dear Mr. Reingold: As you know, I have the pleasure of representing the Defendants, Kim Blair, Carol Scott and Jay Scott in consolidated Cases Number: 31 -2012 -CA -000937. This letter is to confirm our settlement with all parties including the Board of Trustees of the Internal Improvement and Indian River County. As a part of said settlement the County agrees to Quit Claim the land in question to the Board of Trustees of the Internal Improvement. Please be advised that all of the Defendants fully support this conveyance from the County to the State in light of the very favorable settlement that the Defendants once the Quit Claim Deed has been executed and recorded. I realize that the Defendants were initially in opposition to the State claiming any ownership in the land. In fact, I appeared before the County Commission to argue that the County owned the land and that the County should not defer to the State. That position was taken when my clients were completely at odds with the State well before the mediation conference on September 14, 2016. Now that my clients have reached a favorable settlement with the State, they fully support the conveyance of the subject property from the County to the State to effectuate the terms of the agreed upon settlement. 63 I am writing this letter because I will not be able to personally appear at the County Commission meeting which has now been rescheduled to October 18, 2016 because of Hurricane Matthew. However, if I was able to attend the meeting in person I would reiterate what is stated above including my clients' full support of the settlement and the transfer of the subject property from the County to the State. Should you have any questions or comments please do not hesitate to contact me. LBV/yj cc: Charles A. Sullivan, Sr, Esquire 64 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA q DEPARTMENT OF UTILITY SERVICES \ 04tINV Date: September 29, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services A Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AW Subject: Countywide Septic to Sewer Conversion Evaluation/Ranking — Work Order No. 2 to Schulke, Bittle & Stoddard, LLC DESCRIPTIONS AND CONDITIONS: On March 8, 2016, staff brought an informational item to the Board of County Commissioners (BCC) regarding some of the work the Indian River County Department of Utility Services (IRCDUS) staff has undertaken with the collaboration of the Florida Department of Environmental Protection (FDEP) and Florida State University (FSU). At that meeting under Commissioners Matters, BCC requested staff put together a budget proposal for FY 2016/2017 to develop a countywide priority list for septic to sewer conversion projects. ANALYSIS: The BCC directed staff to evaluate a countywide septic to sewer project on a phased approach. The phases to be evaluated are as follows: • Phase I : Develop a more comprehensive priority ranking plan along with cost estimates • Phase II : Proposed changes to the county comprehensive plan • Phase III : Financing options and public outreach • Phase IV: Encumber funds and implementation of the priority ranking plan To that effect, staff reached out to Schulke, Bittle & Stoddard, LLC (SBS) to prepare a proposal for a comprehensive countywide septic to sewer priority ranking study based upon various physical and environmental factors as well as construction cost estimates. SBS's proposal further divided the evaluation into an initial and final ranking. The work order will be provided in accordance with the Extension and Amendment of the Continuing Services Contract Agreement for Professional Services with Schulke, Bittle & Stoddard, LLC dated November 4, 2014. The scope is more specifically described in the attached Work Order No. 2. The total negotiated cost for the countywide septic to sewer conversion evaluation in Work Order No. 2 is a lump sum amount of $86,300.00. A draft report of the rankings will be provided 65 within 105 calendar days from notice to proceed. FUNDING: Funding for this proposal is derived from the Utilities Capital Fund. Capital fund revenues are generated from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities Description Account Number Amount Countywide Septic to Sewer 472-169000-17500 $86,300.00 RECOMMENDATION: Staff recommends approval of the attached Work Order No. 2 authorizing the above-mentioned professional services and requests the BCC to authorize the Chairman to execute the attached Work Order No. 2 on their behalf for a lump sum amount of $86,300.00 to Schulke, Bittle & Stoddard, LLC. ATTACHMENT(s): Work Order No. 2 and supporting documents (9 Pages) AP Jason q Brawn, County -Administrator For: OctobeYid, 2016 Date Indian River Co. Appro ed Date Administration Legal Budget O Utilities Utilities -Finance IM -1 F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Sewer Feasibility Studies UCP # 4101\Agenda Items\Agenda-Septic to Sewer Ranking-SBS.doc 66 Attachment 1 WORK ORDER NUMBER 2 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES SEPTIC TO SEWER CONVERSION EVALUATION This Work Order Number 2 is entered into as of this _ day of , 201_, pursuant to that certain Continuing Contract Agreement for Professional Services, dated this 15t' day of November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 41h 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 Schulke, Bittle and Stoddard, LLC ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (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 2 (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 3 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Schulke, Bittle and Stoddard, LLC OF INDIAN RIVER COUNTY By: Jose p W. Schulke, P.E. Bob Solari, Chairman Title: r Managing Member BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E inistrator V Ill an T. Reingold, County Attorney 67 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES Septic to Sewer Conversion Evaluation 1lc t'f 68 Exhibit 1 Scope of Work Work Order # 2 IRCDUS Septic to Sewer Conversion Evaluation I. BACKGROUND: On March 8, 2016 the Board of County Commissioners(BCC) authorize staff to further refine the ranking matrix based on additional criteria, prepare cost estimates for the ranked areas and a TN/TP removal cost. On November, 2013 the BCC approved two (2) sewer feasibility studies. The two studies targeted different geographical areas in the unincorporated Indian River County. The study labeled "Summerplace" is located on the north side of SR -510 between the Atlantic Ocean and Indian River Lagoon. The second area studied was labeled "North Sebastian Area" generally described as having a western limit of US Highway 1, an eastern limit of the Indian River Lagoon, a Northern Limit of Indian River Drive connection to US Highway 1, and the Southern Limit as Main Street. During the same time many researchers were also studying the effects of Onsite Sewage Treatment and Disposal Systems (OSTDS) nutrient loadings causing algae blooms in the Indian River Lagoon. The capital cost of converting septic to centralized sewer is an expensive undertaking as shown in the two feasibility studies. Therefore, Indian River County Department of Utility Services (IRCDUS) staff decided to evaluate a ranking mechanism based on several criteria. The primary goal of the two feasibility studies were conducted to address the health of the Indian River Lagoon (IRL). The North Sebastian study in addition to the health of the IRL also focused to maximize economic development and job creation along the US Hwy 1 corridor in Sebastian. The goal of the evaluation is to prioritize the areas based upon various physical and environmental factors and determine the feasibility of incorporating the proposed systems into the 10 year Capital Improvements Plan. The responsibility of an un -biased ranking system utilizing the physical and environmental factors as justification will be the responsibility of the CONSULTANT. Upon completion of the prioritization and ranking of the areas, CONSULTANT will evaluate the installation of sanitary sewer collection system and provide an estimated cost for the installation of the recommended improvements to the nearest existing sewer. As the individual areas are evaluated, CONSULTANT will calculate the wastewater flow rate for these areas. The CONSULTANT will then prepare a report summarizing the findings of the study. The results of the prioritization and rankings will be presented in a tabular format along with the preliminarycost estimates for each of the top 30 ranked areas. 69 II. SCOPE OF SERVICES: Phase I: Evaluation and Ranking I. Initial Ranking (Aquatic Health) CONSULTANT will review the existing analyses the COUNTY has performed, analyze existing historical utility records, existing as-built's, utilize the Indian River County Utilities Geographic Information Systems' (GIS) data, and utilize other maps, records, reports and documents pertinent to this study. The CONSULTANT will use this data and develop a rational numerical indexing system of physical and environmental factors that influence the potential discharge of nutrients from existing OSTDS and its migration through sub -surface and surface waters to the Indian River Lagoon and its tributaries. The CONSULTANT will derive a mathematical formula and develop spread sheets which enable a numerical analysis of these factors that will result in the ranking and prioritization of the conversion of approximately 345+- geographic areas in IRC that currently utilizing onsite sewage treatment and disposal system to centralized collection and treatment sewer utility system. It is anticipated that the numerical prioritization will be based upon at least the following physical and environmental factors for determining the initial ranking and prioritization: • Population Density for Loading Concentrations • Proximity to Surface Waters • Location of the Community in Relation to the 100 -year Flood Plain — FEMA Flood Plain • Depth of the Ground Water Table • Soil Conditions of the Drain Field — Soil Type • Age of the Surface Water Management System • Age of the Existing OSTDS The soil type and water table will be determined by referencing published geotechnical data obtained from the USDA -Natural Resource Conservation Service Soil Survey and other available information, and existing survey or GIS data that may be provided by IRC. No new survey or Geotechnical field work will be obtained. COUNTY staff has already prepared an initial/ preliminary evaluation and researched some of the parameters mentioned -above. This information will be made available to the CONSULTANT in order to keep man-hour cost down. However, it will be the responsibility of the CONSULTANT to verify the accuracy of the provided data/information. As part of the evaluation the study area will be restricted to the Indian River County Utilities Service area within the Urban Service Area (USA). Furthermore, the evaluation will be limited to areas with clusters of existing OSTDS and not large individual parcels with existing OSTDS. The top 30 areas identified in this initial ranking (areas of highest priority to convert) will be included in further evaluations as outlined below. 2. Sanitary Sewer System Evaluation and Cost Estimate CONSULTANT will review various types of sanitary sewer collection and transmission systems, including gravity sanitary main sewer collection system with conventional lift station, vacuum sewer collection system with vacuum pits and pump station, and low pressure force main with individual grinder stations for each of the 30 70 2 areas and provide an estimated construction cost. The cost per unit (existing home site / or buildable lot) will be determined for each geographic area. 3. Final Ranking The CONSULTANT will derive a mathematical formula and develop a spread sheet which enables a numerical analysis of the following data to arrive at a Final Ranking and Prioritization of the conversion of the 30 geographic areas: 1. Aquatic health (results of the Initial Ranking) 2. Sewer System Evaluation and Cost data 3. Estimate the Total Nitrogen and Total Phosphorus removed / Cost per Ib. removed 4. Public health - Availability of a Public Potable Water Utility System Phase II: Master Wastewater System data CONSULTANT will provide estimated average and peak flows generated by each of the 30 priority areas to the COUNTY (based on 10 state standards). This information will be provided for COUNTY's inclusion in its development of its Master Wastewater System. Phase III — Report Preparation CONSULTANT will summarize the findings of the Analysis/Prioritization, Individual Area Sanitary Sewer System Evaluation, and the Master Wastewater System Evaluation in a report. The report will include a summary of the approach used to determine the priority areas to be converted from onsite septic system to sanitary sewer. A table of the priority rankings for the areas of the study and the estimated construction costs for each of the areas will be provided as an appendix to the Report. CONSULTANT will evaluate the total nitrogen (TN) and total phosphorus (TP) removed from the conversion of septic to sewer for each of the 30 priority areas and compute a cost per pound for TN/TP removal. CONSULTANT is to compare these cost per pound removed to other projects such as the existing Algal Turf Scrubber (Osprey Marsh, Egret Marsh) projects, Spoonbill Marsh, PC main projects and any other innovative TN/TP removal projects. The COUNTY will provide the CONSULTANT with TN/TP removal numbers for the projects installed and operated by the COUNTY. 71 3 III. ASSUMPTIONS: 1. All meetings will be held in Indian River County. 2. Project schedule is based on a four (4) week review of the draft submittal, by the County. IV. DELIVERIES: Schulke, Bittle & Stoddard, LLC (SBS) will submit five (5) copies of the draft report for review by the County. Twelve (12) copies of the final report and all applicable computer/electronic files will be submitted to the County. V. SERVICES TO BE PROVIDED BY COUNTY: To support SBS's efforts in this project, the County agrees to provide the following services: • Furnish files, drawings, previous reports, records of construction, underground utility locations, operation and maintenance data, topographic information, permits, pertinent correspondence, and any other information necessary to prepare the work described herein. • Provide timely advice and guidance regarding County policies and technical preferences. Provide timely comments and review of information provided. The County Agrees to assist in completing this project in accordance with the proposed schedule. • Provide suitable digital files of available site plans, topography, and record drawings for the IRCDUS service area; provide suitable digital files with information and data requested by SBS, converted by County from County's ArcGIS files as needed for the project. • Resolve all internal variance in opinion regarding technical preferences or guidance prior to directing SBS. • Provide all labor, equipment, materials, etc. needed to complete the items to be self -performed by IRC staff. 4 1 72 Exhibit 2 Fee Schedule Work Order # 2 IRCDUS Septic to Sewer Conversion Evaluation Method and Amount of Compensation Schulke, Bittle & Stoddard, L.L.C., proposes to provide the Scope of Work as outlined in Exhibit 1 based on the following lump sum fees: For a lump sum fee, including all materials and labor: $86,300.00 73 5�_.._ Exhibit 3 Time Schedule Work Order # 2 IRCDUS Septic to Sewer Conversion Evaluation Time of Performance The estimated time frame for completion of services from the approval of this Work Authorization is a follows: Schedule SBS anticipates completion and submittal of the draft report within one hundred and five (105) days after notice to proceed. Upon review and comments by the County, the final report will be submitted within three (3) weeks. Remainder of Page Intentionally Left Blank 74 6 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: September 21, 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: Change Order No.1 with Harn R/O Systems for the Implementation of Membrane Replacement for RO Skids at North County RO Water Treatment Plant. DESCRIPTIONS AND CONDITIONS: On April 19, 2016, the Indian River County Board of County Commissioners (BCC) awarded the contract for the North County Reverse Osmosis (NCRO) Water Treatment Plant Membrane Replacement Project to Harn R/O Systems, Inc., at a cost of $1,041,629.00. Indian River County Department of Utility Services (IRCDUS) owns and operates two (2) regional potable water treatment facilities. The NCRO water treatment plant is rated for 11.44 million gallons per day (mgd). The existing membranes on skids #1 and #2 and stage 2 of skids #5 and #8 at the NCRO water treatment plant are more than 15 years old and ready for replacement, due to higher operating pressures and their inability to achieve the design -rated capacity of 1.5 mgd. Replacement will consist of removal and disposal of the existing elements, swabbing/cleaning of the existing pressure vessels, disinfection of RO skid product piping, installing new membrane elements, and the flushing, startup, and testing of new membranes. During the shop drawing review process, DOW Chemical Company, the manufactures of the FILMTEC RO nanofiltration elements, required mandatory measurements and recording of the new elements on a daily/hourly frequency of operating parameters in order for the warranty to be valid. Beyond satisfying the warranty requirement, the operating parameters gathered frequently will enable the NCRO plant operators to make crucial decisions on operating procedures. ANALYSIS: To accomplish the mandatory measurements and recording, it is required that several instrumentations, gauges, sensors and analyzers be installed in all eight (8) skids. Also, part of the subject change order is to include additional spare parts such as head seals, securing rings, permeate port retainers, etc. Change Order No.1 results in a net increase of $90,007.58 for a total revised contract amount of $1,131,636.58 to the Harn R/O contract. The subject change order will also increase the contract time by an addition of sixty (60) calendar days. The additions are outlined in more detail in the attached Change Order No.1 documents. F:\Utilities\UTILITY - Engineering\WATER\RO Membra nes\Admin\Agenda -Change Order No.l.docx 75 FUNDING: Funding for the Membrane Replacement at NCRO Water Treatment Plant project is available within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount NCRO Membrane Replacement 47123536-044699-16508 $1,131,636.58 RECOMMENDATION: Staff requests the BCC to authorize the Chairman to execute the attached Change Order No. 1 on their behalf to increase the sum amount to Harn R/0 Systems, Inc. by $ 90,007.58, thereby increasing the total contract amount to $ 1,131,636.58. ATTACHMENT(s): Change Order No. 1 and supporting documents (7 Pages) ROVE Jason E, Bro)ivn, County Administrator For: OctoberfB, 2016 Date Indian River Co. Approv Date Administration IyJ' Legal Budget Utilities fit% 3 IJ- 34, Utilities -Finance 7C SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: August 31, 2016 EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Harn R/O Systems, Inc. Project: N. Hobart WTP Membrane Replacement OWNER'S Bid No. 2016025 You are directed to make the following changes in the Contract Documents: Description: Task 1 — purchase of additional spares for membrane replacement Task 2 — instrumentation upgrades to NF trains to meet DOW monitoring requirements Reason for Change Order: Comply with DOW membrane warranty requirements for monitoring membrane performance Attachments: (List documents supporting change) — change order backup for materials and labor for Task 1 (spare parts) and Task 2 (instrumentation) CHANGE IN CONTRACT PRICE: Time Description _ Amount Original Contract Price $1,041,629.00 Net Increase (Decrease) $0.00 from previous Change 0 Orders No. (days) Contract Price prior to this $ 1,041.629.00 Change Order: 210 Net increase (decrease) of $_90,007.58 this Change Order: (days or dates) Contract Price with all $ 1.131.636.58 approved Change Orders: 210 ACCEPY'ED: By: ?MTRACTOR (Signature) Date: 1�9 —7—A/ Attachment 1 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 180 Final Completion: 210 Net change from previous Change 0 Orders No.: (days) Substantial Completion: 180 Final Completion: 210 Contract Time prior to this Change Order: (days or dates) Substantial Completion: 180 Final Completion: 210 Net increase (decrease) this 60 Change Order: (days or dates) Substantial Completion: Final Completion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 280 C9 Final Completion: :M `,', -)w RECOMMENDED: By:. EN (NEER (Signature) Date: 8/31/2016 00942-1 APPROVED: By: OWNER (Signature) Date: COA.docx 77 PROPOSAL mairm MGM .m 1witwo HARN R/O SYSTEMS, INC. -310 CENTER COURT- VENICE, FLORIDA 34285 (1') 941-488-9671 - F 941-488-9400 Kimley-Horn ATTN: NICK BLACK 8/24/2016 1920 Wekiva Way, Email: Nick.Black@kimley-horn.com West Palm Beach, FL 33411 Proposal Request: Finished Water Sample Panel, Total Permeate Pressure Transmitters (Trains #1 & #2), Total Permeate Conductivity Transmitters (Trains # 1-8), Trains #1 & #2 Spare Parts Dear Mr. Black, Ham R/O Systems, Inc. is pleased to present the following combined change request proposal for The North Hobart WTP Membrane Replacement Project. Task # 1: This request includes this supply, installation, and calibration of the instrumentation scope of supply detailed below: - Provide eight (8) Rosemount 1056 total permeate conductivity analyzers; one for each train (1-8). Analyzers shall be 24VDC loop powered. Analyzer will be provided with 2 Channel contacting conductivity capabilities and 4-20mA output. Should HART protocol be required please add $635.00 per transmitter. - Provide eight (8) Rosemount 400 VP total permeate conductivity sensors; one for each train (1-8). Sensors to be installed on the total permeate line of each train. - Provide two (2) Rosemount 3051 smart pressure transmitters; one for train 1 and one for train 2. Pressure transmitters shall be 24VDC loop powered and provided complete with -14.7-300 psig pressure range 4- 20mA output with HART protocol, local LCD operator display, and integral 3 valve manifold. - Provide and install electrical wiring as required to add instruments to existing trains. Verify existing cables and or provide cables from proposed added instruments to RIO- 2 for Train 1-4 and RIO -5 for Trains 5-8. Label all new cables and terminate within the RIO cabinets. - Installation includes PVC installation fittings complete with 316 stainless steel hardware as required for a complete installation. - Integration of instrumentation into plant SCADA shall be by others. Exceptions and Clarifications: 1. SCADA Programming, 2. Additional Instrument I/O cards (if required) 3. Additional time may be required and will be requested upon receipt of additional equipment for incorporation into the work. 4. Expected lead time for equipment 6-8 weeks after receipt of order. Task #2 This pricing includes each prices for the following recommended vessel spare parts for Codeline E8U pressure vessels. 1. Qty 96 - Head Seals, P/N# 45320.................................................................................................. $18.15 each 2. Qty 3 - Permeate Port Seals, P/N# CH50292 (20 per kit)............................................................. $24.75 per kit 3. Qty 5 - Securing Rings, P/N# 50562.............................................................................................. $85.80 each 4. Qty 5 - Locking Ring Sets, P/N# CH45098-3K............................................................................. $99.00 per set 5. Qty 96 - Permeate Port Retaining Clips......................................................................................... $16.50 each 6. Qty 288 - Securing Screws, P/N# 45228....................................................................................... $2.20 each Exceptions and Clarifications: 1. Lead time: 3-4 weeks ARO. #3 This price ' cludes the installation of the sample piping from the clearwell area to the process roo . - Supply and in one (1) three valve sample panel designed to sample the n ank blend, south bank blend, and finished water. anel shall be constructed of '14" FRP sheet provided complete with three (3) 316 SS Swagelok'/" turn plug es. T to e wall via 1 5/8" aluminum unistrut. EXCLUDED - Provide and install one (1) 2" Sch. 8o FROM THIS ed into the wall for routing of the 1/4" sample tubing. CHANGE ORDER Provide and install '/4" sample g111plete from le ' is to the sample panel. See exclusions. 1. Inst on of the 2" PVC sleeves under the concrete drive only. 2. oposal includes the PVC sleeves and hand digging the trench in the grass area on either 'Side the Ham is not best fit to saw cut and replace concrete drives. Total for asks 1-3 ................................................................................................ TASKS 1-2, $90,007.58 ONLY We Propo" hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: See above All materials is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica- ions involving extra costs will be executed only upon written orders, and will become an Authorized Signature:. extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to cant' fire, tomado and other necessary insurance. NOTE: This proposal may be Our workers are fully covered by Workmen's Compensation Insurance. Withdrawn by HARK if not accepted within 30 calendar days. Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. 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O W O O O 'D m Q U 83 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT AGENDA Date: September 28, 2016 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: 2016 - Fall and Winter Holiday Schedules for the Indian River County Library System, Aquatic Centers, Sandridge Golf Course, Indian River County Public Shooting Range, Recreation Aquatic Centers, iG Recreation Center and County Parks In observance of the holidays, the County has the following official holiday closures scheduled for the majority of county departments Veteran's Day: Friday, November 11, 2016 Thanksgiving: Thursday & Friday, November 24 and 25, 2016 Christmas Eve & Day: Friday, December 23, 2016 and Monday, December 26, 2016 New Year's Day Monday, January 2, 2017 It is being recommended the following hours be observed, for these specific operations: INDIAN RIVER COUNTY LIBRARIES: The Main Library is normally open seven days a week and the North County Library is open every day except Sunday. The Brackett and Gifford Libraries are not open on the weekends. During the holidays, the Library System will close on the following dates: Veteran's Day: Friday, November 11, 2016 Thanksgiving: Thursday & Friday, November 24 and 25, 2016 Christmas: Saturday, December 24, 2016 through Monday, December 26, 2016 New Year's Day: Closed Sunday, January 1 and Monday, January 2, 2017 Note: All library on-line information services are available 24/7/365 at www.irclibLM.org. SANDRIDGE GOLF COURSE: Regular hours of operations for the Golf Course Pro Shop are from 6:45 am to 5:30 pm daily. The hours during holiday are as follows: Thanksgiving: Thursday, November 24, 2016, the last 18 hole tee time will be 10:44 am. Pro Shop will close at 2:00 pm Christmas Eve: Saturday, December 24, the last 18 hole tee time will be 10:44 am. Pro Shop will close at 2:00 pm Christmas Day: Sunday, December 25, the Golf Courses will be closed New Year's: Open normal hours of operation on New Year's Eve and Day www.szolfsandridsze.com FAAssistant County Administrator\AGENDA ITEMS\2016\BCC 10 OCTOBER 2016\Staff Report - 2016 Fall and Winter Holiday Schedules.doc 84 INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE: The Regular hours of operation for the Shooting Range are 9:00 am - 5:00 pm, Thursday through Monday, weather permitting. The Shooting Range is closed on Tuesday and Wednesday. In observance of the holidays, the Shooting Range will be closed on the following dates: Veteran's Day: Friday, November 11, 2016 Thanksgiving: Thursday & Friday, November 24 and 25, 2016 Christmas: Saturday & Sunday, December 24 and 25, 2016 New Year's: Sunday, January 1, 2016 www.GoShootinizIRC.com PARKS: All County Parks will be open throughout the holidays during their normal hours. RECREATION: Indian River County Guarded Beaches - Open: 7 Days a Week / 365 a year 8:50am — 4:50pm North County Aquatic Center / Gifford Aquatic Center / Intergenerational Recreation Center - "iG" Center Veterans Day November 11, 2016 10:00a — 3:00p Thanksgiving November 24, 2016 Closed Thanksgiving November 25, 2016 Closed Christmas December 23, 2016 10: 00a — 3:00p Christmas Eve December 24, 2016 Closed Christmas Day December 25, 2016 Closed Christmas December 26, 2016 l 0:00a — 3:00p New Year's January 01, 2017 12:00n — 5:00p New Year's January 02, 2017 Regular www.>ircrec.com RECOMMENDATION: Staff recommends observance of the Veteran's Day, Thanksgiving, Christmas and New Year's holidays by the Library System, Sandridge Golf Clubhouse, Shooting Range, the Aquatic Centers, and iG Recreation Center's operations, as stated above. With the Boards acceptance and approval, these holiday hours will be observed and posted at their respective county facilities sites, as well as the Indian River County's web site. www.ircgov.com - Leisure Approved7Ja nda Item BY: n E. Brown C unty Administrator FOR: October l%, 2016 Indian River County Approved Date Administration County Attorney Budget /b Department �d J Risk Management10 FAAssistant County Administrator\AGENDA ITEMS\2016\BCC 10 OCTOBER 2016\Staff Report - 2016 Fall and Winter Holiday Schedules.doc A selection committee comprised of Richard Szpyrka, P.E., Public Works Director, James Ennis, P.E., PMP, County Engineer, Kim Graham, P.E., Traffic Engineer, Arjuna Weragoda, P.E., Capital Projects Manager and David Hays, P.E., Land Development Manager independently evaluated and scored the 85 CONSENT AGENDA INDIAN RIVER COUNTY�� OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 27, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Managgr_) SUBJECT: Recommended Ranking of Consultants — RFQ 2016016 — 58th Avenue Pavement Reclamation and Resurfacing Project — 57th Street to CR -510 BACKGROUND: On behalf of the Public Works Department and in accordance with FS 287.055, Requests for Qualifications (RFQs) were solicited for professional engineering services for the design of the 58th Avenue Project. The improvements to 58th Avenue will include rehabilitation of the existing pavement using full depth reclamation process, construction of five-foot paved shoulders, addition of left turn lanes on all approaches to the intersection of 69th Street, new traffic signal at 69th Street, replacement of the signal at CR -510, culvert extensions and replacement, and the placement of hot mix (Superpave) asphalt. The total project length is approximately 3 Y2 miles. RFQ RESULTS: Advertising Date: RFQ Opening Date: DemandStar Broadcast to: RFQ Documents Requested by Replies: July 6, 2016 July 29, 2016 at 2:00 pm 420 Subscribers 32 Firms 4 Firms ANALYSIS: A selection committee comprised of Richard Szpyrka, P.E., Public Works Director, James Ennis, P.E., PMP, County Engineer, Kim Graham, P.E., Traffic Engineer, Arjuna Weragoda, P.E., Capital Projects Manager and David Hays, P.E., Land Development Manager independently evaluated and scored the statements of qualifications in accordance with FS 287.055 and the County Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. The top three ranked firms were invited to participate in discussions. After the interviews, the committee members again independently ranked the firms and a committee ranking was compiled. 86 CONSENT AGENDA The final ranking established by the committee is: Proposing Firm Location 1. Bowman Consulting Group, Ltd. Melbourne 2. Masteller & Moler, Inc. Vero Beach 3. CivilSury Design Group, Inc. Fort Pierce 4. Carter Associates, Inc. Vero Beach FUNDING: Funding for the design is available from Secondary Roads — Road Resurfacing — 58th Avenue Resurfacing — 57th to 510 account (10921441-053360-16023), with an approved budget of approximately $200,000.00 for Fiscal Year 2016-2017. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the top ranked firms (and the subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. APPROVED AGEN BY: Jason E. Bros /n, Cpunty Administrator FOR: Octobrer 1$, 2016I *W7121 OHM WFU7- ,UKAM I MAMA 87 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 28, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director �,(j/ FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommendation of Award — Bid 2017010 — Signal Repairs at 20th Street and 10th Avenue BACKGROUND: The Public Works Department's Traffic Engineering Division requested the solicitation of sealed bids for the permanent repair to the traffic signal system at 20th Street and 10th Avenue, which was struck by a motor vehicle. Temporary repairs have been made, but permanent repairs are necessary. BID RESULTS: Bid Opening Date: Advertising Date: Demandstar Broadcast to: Specifications/Plans Downloaded by Replies: August 17, 2016 September 9, 2016 282 Subscribers 14 Vendors 3 Vendors Bidder Location Total Bid Traffic Control Devices, Inc. Altamonte Springs $63,200.00 Gerelco Traffic Controls, Inc. Port St. Lucie $67,945.00* American Lighting & Signalization, Inc. Jacksonville $69,200.00 Tinaicates matnematical errors were corrected. ANALYSIS: The Public Works Director and Traffic Signal Coordinator have reviewed the bids received and the Department has made its recommendation of award to the lowest, responsive and responsible bidder, Traffic Control Devices, Inc., for the total bid amount of $63,200.00. SOURCE OF FUNDS: Funding will be made from the Risk Management account (50224619-034530). A claim for reimbursement has been made against the automobile insurance company for the driver involved in the accident. CONSENT AGENDA RECOMMENDATION: Staff recommends the Board award Bid 2017010 to Traffic Control Devices, Inc and authorize the Purchasing Division to issue a Purchase Order for the work upon review and approval of the required insurance by Risk Management. APPROVED AG BY: Jason E ITEM County Administrator FOR: October IN, 2016 89 LCONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown, County Administrator THROUGH: Dori Roy, Assistant to County Administrat r FROM: Will Rice, Manager, GIS Department DATE: October 4, 2016 SUBJECT: Renewal of Pictometry Connect Software Agreement DESCRIPTION AND CONDITIONS Indian River County has contracted with Pictometry International Corporation on previous occasions to acquire high resolution oblique and vertical aerial imagery of the populated eastern half of Indian River County. The oblique aerial imagery requires specialized software for viewing and working with the aerial imagery. To improve and extend access to the imagery to a greater number of County staff, the July 2013 contract included a three year use of Pictometry Connect. Pictometry Connect is a software subscription service offered by Pictometry that provides access to Pictometry hosted libraries of aerial imagery thru the use of Pictometry web mapping applications. The current license agreement with Pictometry for Pictometry Connect ends on 11/19/2016. Staff is requesting that the Board of County Commissioners authorize entering into a new three (3) year agreement with Pictometry for Pictometry Connect for the time period from 11/19/2016 thru 11/19/2019. FUNDING The total cost of the software agreement is $8,850.00 for a three (3) year license term for the time period from November 19, 2016 thru November 19, 2019. The agreement allows for the fees to be paid in three annual payments of $2,950.00 each. Funds for the first year of the agreement are available in the Fiscal Year 2016-2017 GIS Department budget, Account# 505- 103-519-035120. RECOMMENDATION Staff requests that the Board of County Commissioners authorize the execution of the attached agreement with Pictometry in the amount of $8,850.00 and requests that the Board authorize the Chairman to sign the attached agreement once reviewed and approved by the County Attorney. Page] of 2 90 ATTACHMENTS: 1. Agreement between Pictometry International Corp. and Indian River County for Pictometry Connect APPROVEP,AGENDA IC FOR: October )% , 2016 Indian River Co App ed Date Administrator C PNi0))5X, Legal Budget GIS �O Purchasing Risk Management !6 Page 2 of 2 91 AGREEMENT BETWEEN PICTOMETRY INTERNATIONAL CORP. ("Pictometry-") AND INDIAN RIVER COUNTY, FL ("Customer") 1. This order form ("Order Form"), in combination with the contract components listed below: Section A: Product Descriptions, Prices and Payment Terms Section B: License Terms: • Online Services General Terms and Conditions • Web Visualization Offering Terms and Conditions • Software License Agreement Section C: Non -Standard Terms and Conditions (all of which, collectively, constitute this "Agreement") set forth the entire understanding between Pictometry and Customer with respect to the subject matter hereof and supersedes all prior representations, agreements and arrangements, whether oral or written, relating to the subject matter hereof. Any modifications to this Agreement must be made in writing and be signed by duly authorized officers of each party. Any purchase order or similar document issued by Customer in connection with this Agreement is issued solely for Customer's internal administrative purposes and the terms and conditions set forth on any such purchase order shall be of no force or effect as between the parties. 2. In the event of any conflict among any contract components comprising this Agreement, order of precedence for resolving such conflict shall be, from highest (i.e., supersedes all others) to lowest (i.e., subordinate to all others): Non -Standard Tenns and Conditions; Product Descriptions, Prices and Payment Tenns; License Terms in order as listed above under the heading `Section B: License Terns'; and Order Form. 3. All notices under this Agreement shall be in writing and shall be sent to the following respective addresses: CUSTOMER NOTICE ADDRESS PICTOMETRY NOTICE ADDRESS 1800 27th Street 25 Methodist Hill Drive Vero Beach, Florida 32960 Rochester, NY 14623 Attn: Will Rice, GIS Manager Attn: Contract Administration Phone: (772)226-1609 Fax: Phone: (585)486-0093 Fax: (585)486-0098 Either party may change their respective notice address by giving written notice of such change to the other party at the other party's then -current notice address. Notices shall be given by any of the following methods: personal delivery; reputable express courier providing written receipt; or postage -paid certified or registered United States mail, return receipt requested. Notice shall be deemed given when actually received or when delivery is refused. 4. This Agreement, including all licenses granted pursuant to it, shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns, but shall not be assignable by either party except that (i) Pictometry shall have the right to assign its right to receive Fees under this Agreement, provided no such assignment shall affect Pictometry's obligations hereunder, and (ii) Pictometry shall have the right to assign all its rights under this Agreement to any person or entity, provided the assignee has assumed all of Pictometry's obligations under this Agreement. 5. IN NO EVENT SHALL EITHER PARTY BE LIABLE, UNDER ANY CAUSE OF ACTION OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING UNDER THEORIES INVOLVING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY), FOR ANY LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY OR OTHERS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. With respect to any claims that Customer may have or assert against Pictometry on any matter relating to this Agreement, the total liability of Pictometry shall, in the aggregate, be limited to the aggregate amount received by Pictometry pursuant to this Agreement. 7. The waiver by either party of any default by the other shall not waive subsequent defaults of the same or different kind. 8. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. 9. Pictometry shall not be responsible for any failure on its part to perform due to unforeseen circumstances or to causes beyond Page I of 12 Indian River County, FL — 0186005 20160415 CMT -00047-20150928 92 Pictometry's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, weather, floods, accidents, strikes, failure to obtain export licenses or shortages or delays of transportation, facilities, fuel. energy, supplies, labor or materials. In the event of any such delay, Pictometry may defer performance for a period of time reasonably related to the time and nature of the cause of the delay. 10. In consideration of, and subject to, payment by Customer of the Fees specified in Section A of this Agreement, Pictometry agrees to provide Customer with access to and use of the products specified in Section A of this Agreement, subject to the terms and conditions set forth in this Agreement. Customer hereby agrees to pay the Fees specified in Section A of this Agreement in accordance with the stated payment terms and accepts and agrees to abide by the terms of this Agreement. This Agreement shall become effective upon execution by duly authorized officers of Customer and Pictometry and receipt by Pictometry of such fully executed document, such date of receipt by Pictometry being the "Effective Date." PARTIES CUSTOMER PICTOMETRY INDIAN RIVER COUNTY, FL PICTOMETRY INTERNATIONAL CORP. (entity type) a Delaware corporation SIGNATURE: SIGNATURE: NAME: NAME: TITLE: TITLE: DATE:EXECUTION DATE: DATE OF RECEIPT EFFECTIVE DATE Page 2 of 12 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY Indian River County, FI, — C 186005 20160415 CMT -00047-20150928 )3 SECTION A Pictometry International Corp. 25 Methodist Hill Drive Rochester, NY 14623 BILL TO Indian River County, FL Will Rice GIS Manager 1800 27th Street Vero Beach, Florida 32960 (772)226-1609 wrice@.Dircgov.com PRODUCT DESCRIPTIONS, PRICES AND PAYMENT TERMS SHIP TO Indian River County, FL Will Rice GIS Manager 1800 27th Street Vero Beach, Florida 32960 (772)226-1609 wrice(abircgov.com ORDER4 C186005 1 CUSTOMER ID SALES REP A116541 CDeca I1 QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT AMOUNT' 1 Pictometry Connect - CA - 50 PictometryPRICE (%) Connect - CA - 50 (Custom Access) provides $6,600.00 $6,600.00 up to 50 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web -based, server -based or desktop integration. The default deployment is through web -based Pictometry Connect. Tenn commences on date of activation. License Term: 3 Year(s) 1 Pictometry Connect View - Pictometry Connect View - CA (Custom Access) provides $2,250.00 $2,250.00 CA visualization -only access to the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web application or server based integration. Requires a customer -provided web application or server based application. With respect to imagery available through this product to third parties or the Public, Pictometry reserves the right to reduce the resolution of the imagery available. Tenn commences on date of activation. Terni ends upon the earlier to occur of (i) the expiration of the tern specified elsewhere in this Agreement, or (ii) the volume of geocode requests submitted through the application exceeding 10,000. License Term: 3 Yearls) Thank you for choosing Pictornetry as your service provider. TOTAL $8,850.00 'Amount per product = ((1 -Discount %) * Qty * List Price) FEES; PAYMENT TERMS All amounts due to Pictometry pursuant to this Agreement ("Fees") are expressed in United States dollars and do not include any duties, taxes (including, without limitation, any sales, use, ad valorem or withholding, value added or other taxes) or handling fees, all of which are in addition to the amounts shown above and, to the extent applicable to purchases by Customer, shall be paid by Customer to Pictometry without reducing any amount owed to Pictometry unless documents satisfactory to Pictometry evidencing exemption from such taxes is provided to Pictometry prior to billing. To the extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty (30) days following the invoice due date, such unpaid amounts shall accrue, and Customer shall pay, interest at the rate of 1.5% per month (or at the maximum rate allowed by law, if less). In addition, Customer shall pay Pictometry all costs Pictometry incurs in collecting past due amounts amount due under this Agreement including, but not limited to, attorneys' fees and court costs. Due 19 Nov, 2016 $2,950.00 Due 19 Nov, 2017 $2,950.00 Due 19 Nov, 2018 $2.950.00 Total Payments $8,850.00 Page 3 of 12 Indian River County, Fl, — 0186005 20160415 CMT -00047-20150928 94 PRODUCT PARAMETERS CONNECT Product: Admin User: Admin User Email: Requested Activation: Product: Admin User: Admin User Email: Requested Activation: Geofence: Geofenee: Geofenee: Geofence: Geofence: Pave 4 of 12 Pictometry Connect View - CA Will Rice wrice@ircgov.conr upon expiration of current license Pictometry Connect - CA - 50 Will Rice wrice@ircgov.com upon expiration of current license FL Brevard FL Okeechobee FL Osceola FL St. Lucie FL Indian River (Primary) Indian River County, FL — C 186005 20160415 CMT -00047-20150928 M SECTION B LICENSE TERMS PICTOMETRY ONLINE SERVICES GENERAL TERMS AND CONDITIONS These Pictometry Online Services General Terns and Conditions (the "General Terms and Conditions'), in combination with the corresponding Pictometry order form, if any, collectively constitute the license agreement (the "License Agreement") that governs your use of the Pictometry online services (the "Online Services"), the images available in the Online Services, and all associated metadata and data layers included in, provided with, or derived from those images (the "Licensed Content") provided by Pictometry International Corp. and its affiliated companies (collectively, "Pictometry"). The terms "you" and "your" in uppercase or lowercase shall mean the individual, entity (e.g., corporation, limited liability company, partnership, sole proprietor, etc.) or government agency entering into the License Agreement. 1. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP 1.1 You are granted a nonexclusive, nontransferable, limited right to access and use the Online Services and the Licensed Content obtained or derived from the Online Services solely for your internal business purposes and not for resale or redistribution. The rights granted to you include, subject to the restrictions set forth below and on the Order Form, the right to copy limited portions of the Licensed Content onto your computer to facilitate preparation of hardcopies and work product records, and the right to snake hardcopies of the Licensed Content, provided that the Licensed Content and the permitted copies thereof may not be sold, leased, loaned, distributed, or copied for use by anyone other than you. 1.2 You may not make the Online Services available to any other party. 1.3 You may not copy the Licensed Content or portions thereof onto any computer or storage device or media for the purpose of creating or maintaining one or more databases of that content for use in substitution for subsequent access to the content through the Online Services. 1.4 You may not distribute or otherwise make available any Licensed Content to Google or its affiliates, either directly or indirectly. 1.5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry. 1.6 You may not remove, alter or obscure copyright notices or other notices contained in the Licensed Content. 1.7 You may not offer any part of the Online Services or the Licensed Content for commercial resale or commercial redistribution in any medium. 1.8 You may not use the Online Services or the Licensed Content to compete with any businesses of Pictometry. 1.9 You may not use information included in the Online Services or the Licensed Content to determine an individual consumer's eligibility for (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. The term "consumer" is defined in the United States Fair Credit Reporting Act at 15 USC §1681. 1.10 You may not access the Online Services via mechanical, programmatic, robotic, scripted or any other automated means. Unless otherwise agreed by Pictometry in writing, use of the Online Services is permitted only via manually conducted, discrete, human -initiated individual search and retrieval activities. 1.11 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services and the Licensed Content in all media belong to Pictometry or its third party suppliers. Neither you nor any users of the Online Services or the Licensed Content acquire any proprietary interest in the Online Services, the Licensed Content, or any copies thereof, except the limited use rights granted herein. 2. ACCESS TO SERVICES 2.1 Only you, your employees, and temporary or contract employees dedicated to performing work exclusively for you (each, an "Eligible User" and collectively, the "Eligible Users") are eligible to access and use the Online Services and the Licensed Content pursuant to the License Agreement. Each Eligible User to be provided access to the Online Service shall be assigned a unique login/password ("Pictometry Credential") for purposes of accessing the Online Services. You agree that each Pictometry Credential shall only be used by the Eligible User to whom it was originally assigned and that Pictometry Credentials may not be shared with, or used by, any other person, including other Eligible Users. You will promptly deactivate an Eligible User's Pictometry Credential in the event the Eligible User no longer meets the eligibility requirements or you otherwise wish to terminate the Eligible User's access to the Online Services. You are responsible for all use of the Online Services accessed with Pictometry Credentials issued to your Eligible Users, including associated charges, whether by Eligible Users or others. You will use reasonable commercial efforts to prevent unauthorized use of Pictometry Credentials assigned to your Eligible Users and will promptly deactivate any Pictometry Credentials you suspect are lost, stolen, compromised, or misused. 2.2 The Online Services, the Licensed Content, and features and functionality within the Online Services may be enhanced, added to, withdrawn, or otherwise changed by Pictometry without notice. 2.3 You are aware and understand that any user data collected or stored by the Online Services may be accessed by US law enforcement agencies under the US PATRIOT Act. You hereby release, and agree to hold Pictometry hamiless from, all claims against Pictometry with respect to such access. 3. DISCLAIMERS 3.1 The Online Services and the Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute professional engineering or surveying services. 3.2 The Online Services and the Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in lieu of a professional survey where the accuracy of measurements, distance, height, angle, area and volume, may have significant consequences. 3.3 All measurements and reports generated by the Online Services or from the Licensed Content are based upon second order visualization and measurement data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes. 3.4 Contour information obtained from the Online Services or contained in the Licensed Content is generated from undersampled elevation data, is provided for informational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses. 3.5 While the Online Services and the Licensed Content may be considered useful supplements for life critical applications, they are not designed or maintained to support such applications and Pictometry and its third party suppliers of the Online Services and the Licensed Content hereby disclaim all liability for damages claims and expenses arising from such use. 3.6 Your reliance on the Online Services and the Licensed Content should only be undertaken after an independent review of their accuracy, completeness, efficacy, timeliness and adequacy for your intended purpose. 3.7 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content assume no responsibility for any consequences resulting from the use of the Online Services or the Licensed Content. 3.8 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content hereby disclaim all liability for damages, claims and expenses arising from or in any way related to the accuracy or availability of the Online Services and the Licensed Content. 3.9 By accepting these General Terns and Conditions or by using the Online Services or the Licensed Content, you waive any and all rights you may have against Pictometry, each third party supplier of any portion of the Online Services or the Licensed Content, and each of their directors, officers, members and employees, arising out of use of or reliance upon the Online Services or the Licensed Content, Page 5 of 12 Indian River County, FL—C186005 20160415 CMT -00047-20150928 96 4. LIMITED WARRANTY 4.1 Pictometry represents and warrants that it has the right and authority to make the Online Services and the Licensed Content available to you and your Eligible Users as authorized expressly by this License Agreement. 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4. 1, THE ONLINE SERVICES AND LICENSED CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, 5. LIMITATION OF LIABILITY 5.1 No Covered Party (as defined below) shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or the Licensed Content, (b) the unavailability or interruption of the Online Services or any features thereof or the Licensed Content, (c) your or an Eligible User's use of the Online Services or the Licensed Content, (d) the loss or corruption of any data or equipment in connection with the Online Services or the Licensed Content, (e) the content, accuracy, or completeness of the Licensed Content, all regardless of whether you received assistance in the use of the Online Service from a Covered Party, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within the Online Services. 5.2 "Covered Party" means (a) Pictometry and any officer, director, employee, subcontractor, agent, successor, or assign of Pictometry; and (b) each third party supplier of any Licensed Content, third party alliance entity, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of any Licensed Content or third party alliance entity and their affiliates. 5.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR THE LICENSED CONTENT OR THIS LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 5.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR -THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCbUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, THE LICENSED CONTENT, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR YOUR (AND YOUR ELIGIBLE USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO PICTOMETRY OR ITS THIRD PARTY SUPPLIERS. 5.5 Notwithstanding anything to the contrary in this Section 5: (a) If there is a breach of the warranty in Section 4.1 above, then Pictometry, at its option and expense, shall either defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on a third party's claim of patent, trademark, service mark, copyright or trade secret infringement related to use of the Online Services or the Licensed Content, asserted against you by such third party provided: (i) all use of the Online Services and the Licensed Content was in accordance with this License Agreement; (ii) the claim, cause of action or infringement was not caused by you modifying or combining the Online Services or the Licensed Content with or into other products, applications, images or data not approved by Pictometry; (iii) you give Pictometry prompt notice of such claim; and (iv) you give Pictometry the right to control and direct the investigation, defense and settlement of such claim. You, at Pictometry's expense, shall reasonably cooperate with Pictometry in connection with the foregoing. (b) In addition to Section 5.5(a), if the Online Services, the operation thereof or the Licensed Content become, or in the opinion of Pictometry are likely to become, the subject of a claim of infringement, Pictometry may, at its option and expense, either: (i) procure for you the right to continue using the Online Services or the Licensed Content, (ii) replace or modify the Online Services or the Licensed Content so that they become non -infringing; or (iii) terminate the License Agreement on notice to you and grant you a pro -rata refund or credit (whichever is applicable) for any pre -paid fees or fixed charges. (c) The provisions of Sections 5.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein. 6. MISCELLANEOUS 6.1 The terms and conditions of this License Agreement may be changed from time to time immediately upon notice to you. If any changes are made to this License Agreement, such changes will: (a) only be applied prospectively; and (b) not be specifically directed against you or your Eligible Users but will apply to all similarly situated Pictometry customers using the Online Services. You may terminate this License Agreement upon written notice to Pictometry if any change to the terns and conditions of this License Agreement is unacceptable to you. For termination to be effective under this Section 6. 1, written notice of termination must be provided to Pictometry within 90 days of the effective date of the change. Continued use of the Online Services following the effective date of any change constitutes acceptance of the change, but does not affect the foregoing termination right. Except as provided above, this License Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore, this License Agreement may not be supplemented, modified or otherwise revised by email exchange, even if the email contains a printed name or signature line bearing signature -like font. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorized representatives of both parties, provided such signatures include digital certifications or are otherwise authenticated. 6.2 In the event of a breach of this License Agreement by you, any Eligible User or someone using the Pictometry Credential of an Eligible User, Pictometry may temporarily suspend or discontinue providing access to the Online Services to any or all Eligible Users without notice and Pictometry may pursue any other legal remedies available to it. 6.3 All notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by Pictometry. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Online Services, or on the date received, if delivered in any other manner. Legal notices to Pictometry should be sent to Pictometry, Attn: General Counsel, 25 Methodist Hill Drive, Rochester, New York 14623, 6.4 The failure of you, Pictometry, or any third party supplier of the Online Services or any Licensed Content to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 6.5 Neither you nor any Eligible User may assign or otherwise transfer your rights or delegate your duties under this License Agreement without the prior written consent of Pictometry. Any attempt by you or any Eligible User to assign, transfer or delegate your rights or obligations under this License Agreement without Pictonretry's consent shall be void, and shall also void the limited license granted to you by this License Agreement. This License Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns. 6.6 This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. Unless you are a government entity, in the event that any legal proceedings are commenced with respect to any matter arising under this Page 6 of 12 Indian River County, FL — C186005 20160415 CMT -00047-20150928 97 License Agreement, the parties specifically consent and agree that the courts of the State of New York or, in the alternative, the Federal Courts located in the State of New York shall have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action shall be in Monroe County, New York or the U.S. District Court for the Western District of New York, as applicable. This License Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this License Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this License Agreement. Where applicable, each affiliated company of Pictometry and each third party supplier of the Online Services or any Licensed Content has the right to assert and enforce the provisions of this License Agreement directly on its own behalf as a third party beneficiary. In the event of a breach of your obligations under this License Agreement or your payment obligations with respect to access to the Online Services or the Licensed Content, you agree to pay all of Pictometry's costs of enforcement and collection, including court costs and reasonable attorneys' fees. This License Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations relating to that subject matter. 98 SECTION B LICENSE TERMS PICTOMETRY WEB VISUALIZATION OFFERING TERMS AND CONDITIONS These Pictometry Web Visualization Offering Terms and Conditions (the "WVO Terms and Conditions"), in combination with the corresponding Pictometryorder form, if any, collectively constitute the license agreement (the "WVO License Agreement") that governs your use of Pictometry web visualization offerings (the "WVO Services"), the images available in the WVO Services, and all associated metadata and data layers included in, provided with, or derived from those images (the "WVO Licensed Content") provided by Pictometry International Corp. and its affiliated companies (collectively, "Pictometry"). The terms "you" and "your" in uppercase or lowercase shall mean the individual, entity (e.g., corporation, limited liability company, partnership, sole proprietor, etc.) or government agency entering into the WVO License Agreement. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP 1.1 You are granted a nonexclusive, nontransferable, limited right to use and to provide public access to, and use of, the WVO Services solely for purposes of providing access to WVO Licensed Content in response to human -initiated, discrete location -specific requests through a single web site operated exclusively by or for you to serve you and your public constituencies and not for resale or redistribution or commercial use of any nature. 1.2 You may not copy or retain copies of the WVO Licensed Content obtained through the WVO Services or portions thereof onto any computer or storage device or media for the purpose of creating or maintaining one or more databases of that content for use in substitution for subsequent access to the content through the WVO Services or any other Pictometry Services, nor will your authorize or permit any user of the WVO Services to do so. 1.3 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos without the express written consent of Pictometry. 1.4 You may not remove, alter or obscure copyright notices or other notices contained in the WVO Licensed Content. 1.5 You may not offer any part of the WVO Services or the WVO Licensed Content for commercial resale or commercial redistribution in any medium. 1.6 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the WVO Services and the WVO Licensed Content in all media belong to Pictometry or its third party suppliers. Neither you nor any users of the WVO Services or the WVO Licensed Content acquire any proprietary interest in the WVO Services, the WVO Licensed Content, or any copies thereof, except the limited use rights granted herein. TERMS OF ACCESS TO WVO SERVICES 2.1 You shall provide to all end-users of the WVO Services on the page through which they access such services conspicuous notice of the following terms of access: (a) WVO Licensed Content available through the WVO is copyrighted material, (b) end-users of the WVO Services are granted the right to access and view the WVO Licensed Content through the WVO Services for personal use only and not for commercial purposes of any type, (c) end-users of the WVO Services are prohibited from reproducing, reselling, transferring, redistributing or creating derivative works from WVO Licensed Content, (d) all right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the WVO Services and the WVO Licensed Content in all media belong to Pictometry or its third party suppliers, and (e) THE WVO SERVICES AND WVO LICENSED CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF WVO LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2.2 The WVO Services, the WVO Licensed Content, and features and functionality within the WVO Services may be enhanced, added to, withdrawn, or otherwise changed by Pictometry without notice. 2.3 You are aware and understand that any user data collected or stored by the WVO Services may be accessed by US law enforcement agencies under the US PATRIOT Act. You hereby release, and agree to hold Pictometry harmless from, all claims against Pictometry with respect to such access. DISCLAIMERS 3.1 The WVO Services and the WVO Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute professional engineering or surveying services. 3.2 The WVO Services and the WVO Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in lieu of a professional survey where the accuracy of measurements, distance, height, angle, area and volume, may have significant consequences. 3.3 All measurements and reports generated by the WVO Services or from the WVO Licensed Content are based upon second order visualization and measurement data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes. 3.4 Contour information obtained from the WVO Services or contained in the WVO Licensed Content is generated from undersampled elevation data, is provided for informational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses. 3.5 While the WVO Services and the WVO Licensed Content may be considered useful supplements for life critical applications, they are not designed or maintained to support such applications and Pictometry and its third party suppliers of the WVO Services and the WVO Licensed Content hereby disclaim all liability for damages, claims and expenses arising from such use. 3.6 Your reliance on the WVO Services and the WVO Licensed Content should only be undertaken after an independent review of their accuracy, completeness, efficacy, timeliness and adequacy for your intended purpose. 3.7 Pictometry and each third party supplier of any portion of the WVO Services or the WVO Licensed Content assume no responsibility for any consequences resulting from the use of the WVO Services or the WVO Licensed Content. 3.8 Pictometry and each third party supplier of any portion of the WVO Services or the WVO Licensed Content hereby disclaim all liability for damages, claims and expenses arising from or in any way related to the accuracy or availability of the WVO Services and the WVO Licensed Content. 3.9 By accepting these WVO Terms and Conditions or by using the WVO Services or the WVO Licensed Content, you waive any and all rights you may have against Pictometry, each third party supplier of any portion of the WVO Services or the WVO Licensed Content, and each of their directors, officers, members and employees, arising out of use of or reliance upon the WVO Services or the WVO Licensed Content. 4. LIMITED WARRANTY 4.1 Pictometry represents and warrants that it has the right and authority to make the WVO Services and the WVO Licensed Content available to you as authorized expressly by this WVO License Agreement. 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4. 1, THE WVO SERVICES AND WVO LICENSED CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF WVO LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. LIMITATION OF LIABILITY 5.1 No Covered Party (as defined below) shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the WVO Services or the WVO Licensed Content, (b) the unavailability or interruption of the WVO Services or any features thereof or the WVO Licensed Content, (c) your or any other party's use of the WVO Services or the WVO Licensed Content, (d) the loss or corruption of any data or equipment in connection with the WVO Services or the WVO Licensed Content, (e) the content, accuracy, or completeness of the WVO Licensed Page 8 of 12 Indian River County, FL — C 186005 20160415 CMT -00047-20150928 99 Content, all regardless of any assistance received in the use of the WVO Service from a Covered Party, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within the WVO Services. 5.2 "Covered Party" means (a) Pictometry, its affiliates and any officer, director, employee, subcontractor, agent, successor, or assign of Pictometryor its affiliates; and (b) each third party supplier of any WVO Licensed Content, third party alliance entity, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of any WVO Licensed Content or third party alliance entity and their affiliates. 5.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WVO SERVICES OR THE WVO LICENSED CONTENT OR THIS WVO LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE WVO SERVICES IN THE TWENTY-FOUR MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 5.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE WVO SERVICES, THE WVO LICENSED CONTENT, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR YOUR (OR ANY OTHER WVO SERVICES USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO PICTOMETRY OR ITS THIRD PARTY SUPPLIERS. 5.5 Notwithstanding anything to the contrary in this Section 5: (a) If there is a breach of the warranty in Section 4.1 above, then Pictometry, at its option and expense, shall either defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on a third party's claim of patent, trademark, service mark, copyright or trade secret infringement related to use of the WVO Services or the WVO Licensed Content, asserted against you by such third party provided: (i) all use of the WVO Services and the WVO Licensed Content was in accordance with this WVO License Agreement; (ii) the claim, cause of action or infringement was not caused by you modifying or combining the WVO Services or the WVO Licensed Content with or into other products, applications, images or data not approved by Pictometry; (iii) you give Pictometry prompt notice of such claim; and (iv) you give Pictometry the right to control and direct the investigation, defense and settlement of such claim. You, at Pictometry's expense, shall reasonably cooperate with Pictometry in connection with the foregoing. (b) In addition to Section 5.5(a), if the WVO Services, the operation thereof or the WVO Licensed Content become, or in the opinion of Pictometry are likely to become, the subject of a claim of infringement, Pictometry may, at its option and expense, either: (i) procure for you the right to continue using the WVO Services or the WVO Licensed Content, (ii) replace or modify the WVO Services or the WVO Licensed Content so that they become non -infringing; or (iii) terminate the WVO License Agreement on notice to you and grant you a pro -rata refund or credit (whichever is applicable) for any pre -paid fees or fixed charges. (c) The provisions of Sections 5.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein. MISCELLANEOUS 6.1 The terms and conditions of this WVO License Agreement may be changed from time to time immediately upon notice to you. If any changes are made to this WVO License Agreement, such changes will: (a) only be applied prospectively; and (b) not be specifically directed against you but will apply to all similarly situated Pictometry customers using the WVO Services. You may terminate this WVO License Agreement upon written notice to Pictometry if any change to the terns and conditions of this WVO License Agreement is unacceptable to you. For termination to be effective under this Section 6. 1, written notice of termination must be provided to Pictonmetry within 90 days of the effective date of the change. Continued use of the WVO Services following the effective date of any change constitutes acceptance of the change, but does not affect the foregoing termination right. Except as provided above, this WVO License Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore, this WVO License Agreement may not be supplemented, modified or otherwise revised by email exchange, even if the email contains a printed name or signature line bearing signature -like font. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorized representatives of both parties, provided such signatures include digital certifications or are otherwise authenticated. 6.2 In the event of a breach of this WVO License Agreement by you or someone using the WVO Services, Pictometry may temporarily suspend or discontinue providing access to the WVO Services without notice and Pictometry may pursue any other legal remedies available to it. 6.3 All notices and other communications hereunder shall be in writing. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed or on the date received, if delivered in any other manner. Legal notices to Pictometry should be sent to Pictometry, Attn: General Counsel, 25 Methodist Hill Drive, Rochester, New York 14623. 6.4 The failure of you, Pictometry, or any third party supplier of the WVO Services or any WVO Licensed Content to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 6.5 You may not assign or otherwise transfer your rights or delegate your duties under this WVO License Agreement without the prior written consent of Pictometry. Any attempt by you to assign, transfer or delegate your rights or obligations under this WVO License Agreement without Pictometry's consent shall be void, and shall also void the limited license granted to you by this WVO License Agreement. This WVO License Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns. 6.6 This WVO License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. Unless you are a government entity, in the event that any legal proceedings are commenced with respect to any matter arising under this WVO License Agreement, the parties specifically consent and agree that the courts of the State of New York or, in the alterative, the Federal Courts located in the State of New York shall have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action shall be in Monroe County, New York or the U.S. District Court for the Western District of New York, as applicable. 6.7 This WVO License Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this WVO License Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this WVO License Agreement. 6.8 Where applicable, each affiliated company of Pictometry and each third party supplier of the WVO Services or any WVO Licensed Content has the right to assert and enforce the provisions of this WVO License Agreement directly on its own behalf as a third party beneficiary. 6.9 In the event of a breach of your obligations under this WVO License Agreement or your payment obligations with respect to access to the WVO Services or the WVO Licensed Content, you agree to pay all of Pictometry's costs of enforcement and collection, including court costs and reasonable attorneys' fees. 6.10 This WVO License Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations relating to that subject matter. Page 9 of 12 ]END OF WEB VISUALIZATION OFFERING TERMS AND CONDITIONS] Indian River County, FL — C 186005 20160415 CMT -00047-20150928 100 SECTION B LICENSE TERMS PICTOMETRY SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. I . GENERAL. The software ("Pictometry Software") and any written materials that accompany the software ("Documentation") in any media or form are licensed, not sold, to you by Pictometry International Corp. ("Pictometry") for use only under the terns of this License. Pictometry reserves all rights not expressly granted to you in this License. 2 LICENSE. Subject to the terms and conditions of this License, you are granted a limited, non-transferable, terminable, non-sublicenseable, non-exclusive license to install and use the Pictometry Software and the Documentation (collectively, the "Proprietary Materials") solely for internal use. Use of the functionality provided by the Pictometry Software other than for your internal use is prohibited, except with the prior written approval of Pictometry. You may make one copy of the Pictometry Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright and other proprietary notices contained in the original. You will not and will not enable others to decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of, or tamper with or disable any security or monitoring features within the Pictometry Software. Any attempt to do so is a violation of the rights of Pictometry and its licensors. 3. TITLE. The Proprietary Materials are confidential information of, trade secrets of, and are proprietary to Pictometry. Title to the Proprietary Materials is and will remain in Pictometry and its licensors. All applicable rights to patents, copyrights, trademarks, trade secrets, and other intellectual property rights in the Proprietary Materials are and will remain in Pictometry and its licensors. You will not assert any right, title or interest in the Proprietary Materials provided to you under this License, except for the express license granted to you hereunder. You will not remove any copyright or other proprietary notice or legend contained on or included in any Proprietary Materials and you will reproduce all such information on all copies made hereunder. You will keep the Proprietary Materials free of all claims, liens and encumbrances. 4. DISCLAIMERS OF WARRANTY. USE OF THE PICTOMETRY SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PICTOMETRY SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PICTOMETRY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PICTOMETRY SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. PICTOMETRY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE PICTOMETRY SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PICTOMETRY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROPRIETARY MATERIALS WILL BE CORRECTED, 5, LIMITATION OF LIABILITY. IN NO EVENT WILL PICTOMETRY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PICTOMETRY SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF PICTOMETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PICTOMETRY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) CAUSED BY, ARISING OUT OF OR IN ANY WAY RELATED TO THE PICTOMETRY SOFTWARE EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 6 TERMINATION. This License will terminate automatically without notice from Pictometry if you fail to comply with any term of this License. Upon the termination of this License, you will cease all use of the Pictometry Software and destroy all copies, full or partial, of the Proprietary Materials. 7 MISCELLANEOUS PROVISIONS. A. Restricted Rights. Pictometry Software acquired with United States Government funds or intended for use within or for any United States federal agency is provided with "Restricted Rights" as defined in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227- 14, Rights in Data -General, including Alternate III, as applicable. Pictometry must be notified in advance of any license grants to United States federal governmental entities. The Pictonmetry Software is developed for general use in a variety of applications and is not developed or intended for use in any inherently dangerous applications or applications that could lead to property damage, personal injury or death. If you use the Pictonmetry Software in such applications, then you will be responsible for taking all appropriate fail-safe, backup, redundancy, and other measures to ensure the safe use of the Pictometry Software in such applications, including but not limited to, in any nuclear, aviation, mass transit, public safety or medical applications. B. Foreign Trade Restrictions. The parties acknowledge that certain information, software technology, accompanying documentation and technical information may be subject to United States export control laws. You will not directly or indirectly export or re-export the Pictometry Software in violation of the Export Administration Regulations of the U.S. Department of Commerce. C. Governing Law. This License will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflict of laws principles. D. Assignment. You may not assign this License without Pictometry's prior written consent. Any assignment in violation of this License will be null, void and of no force and effect. For all purposes under this License, any merger, consolidation, spin-off, acquisition or change-in-control will be deemed an assignment. F Partial Invalidity; Survival. If any provision of this License is held invalid or unenforceable by competent authority, that provision will be construed so as to he Iiiniled or reduced to be enforceable to the maximum extent compatible with the law as it will then appear The total invalidity or Page 10 of 12 Indian River County, FL — C 186005 20160415 CMT-00047-20150928 unenforceability of any particular provision of this License will not affect its other provisions and this License will be construed in all respects as if the invalid or unenforceable provision were omitted. The provisions of this License that by their nature would survive its termination will survive indefinitely. F. Force Majeure. Neither party will be liable for any costs or damages due to nonperformance under this License arising out of any cause not within the reasonable control of such party and without its fault or negligence. Neither party will be liable for any delay or failure in the performance of its obligations under this License that directly results from any failure of the other party to perform its obligations as set forth in this License. G. Waiver. No waiver of a breach of any term of this License will be effective unless in writing and duly executed by the waiving party. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of this License. No failure on the part of a party to exercise, and no delay in exercising any of its rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend or discharge any part of this License or the rights or obligations of any party hereunder. Entire Agreement; Construction. This License contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings regarding that subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Pictometry. There are no representations, warranties, or obligations of any party not expressly contained herein. The headings in this License are for convenience only. They do not constitute a portion of this License and will not be used in any construction of it. SEND OF SOFTWARE LICENSE AGREEMENT) Page 1 1 of 12 Indian River County, FL — C186005 20160415 CMT -00047-20150928 02 SECTION C NON-STANDARD TERMS AND CONDITIONS I. Online Services Eligible Users: Notwithstanding anything in the Online Services General Terms and Conditions incorporated in this Agreement to the contrary, the terms 'Eligible User' and 'Eligible Users' as defined in those Online Services General Terms and Conditions shall, for the purposes of this Agreement, also include any employee of any political unit or subdivision located totally or substantially within your boundaries that you authorize to have access to and use of the Online Services and the Licensed Content. 2. Applicable Law: Notwithstanding anything to the contrary set forth elsewhere in this Agreement, this Agreement and any modifications, amendments or alterations shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Florida, excluding its conflicts of law principles. 3. Venue: Venue for all actions arising under this Agreement shall lie in Indian River County, Florida. 4. With respect to the Pictometry Connect View service ("PCV Service") as described in Section A, Pictometry warrants that if a reduction in the resolution of the imagery, or otherwise changed feature, reduces the value of the PCV Service to Customer, Customer has the option to terminate the PCV Service, without penalty, and will receive a prorated refund for any amount prepaid up until the time of termination. [END OF NON-STANDARD TERMS AND CONDITIONS] Page 12 of 12 Indian River County, FL — C186005 20160415 cm,r-00047-20150928 03 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: October 12, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Managers S Subject: Reject Warehouse Bids BACKGROUND On September 8, 2016, Bid #2017005, Invitation to Bid for Utility Operations Warehouse Stock was advertised. Bids were opened on Thursday, September 29, 2016, with four companies submitting bids. A AI A I VCIC When staff reviewed the responses to the bid, they realized several hundred warehouse stock items were inadvertently omitted from the solicitation and bid form. This omission created an incomplete submittal of necessary bid items for the upcoming fiscal year. RECOMMENDATION The staff of the Utilities Department recommends that the Indian River County Board of County Commissioners (BCC) reject all bids so that staff can re -advertise the bid with a more inclusive list of bid items. Secondly, staff also recommends that the BCC approve the extension of the current annual bids, which expired on September 30, 2016, until a new warehouse stock bid is advertised and awarded. In M Jason E. Br wn Coun v Aerministrator FOR: October 18, 2016 Date Indian River Co. Approved Date Administration 1 13 Legal Budget Utilities Utilities -Finance Purchasing �.,. 10 12 _14 104 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Bolin , A P; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner a f-' DATE: September 28, 2016 SUBJECT: Approval of a Public Transportation Supplemental Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for Section 5339 Public Transportation Capital Funds It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 18, 2016. DESCRIPTION & CONDITIONS Funding for most of the capital costs associated with Indian River County's public transportation system comes from the federal Section 5307 grant program. MAP -21, the federal transportation bill enacted by Congress in 2012, created an additional program to provide funding for public transportation capital expenses. That new program is known as Section 5339, or the Bus and Bus Facilities Program. According to federal regulations, Section 5339 program grants may be used for the purchase of capital items such as buses, shelters, and other equipment. As with capital expenses in the Section 5307 program, the required 20% nonfederal share can be provided through a soft match (which effectively provides for 100% federal funding of capital expenses). In Florida, state toll revenue credits are utilized as a soft match to provide the required nonfederal share. The use of a soft match eliminates the need for the county to provide a cash outlay for capital expenses. At this time, $380,624 in Section 5339 funds is being allocated to the county. While Section 5339 funds are federal grant funds, the Florida Department of Transportation (FDOT) administers the Section 5339 program within the state of Florida. In order to receive these funds, the BCC must enter FACommunity Development\Users\MPO\Transit\Grants\5339\2016\bcc staff report.docx 105 into a Joint Participation Agreement (JPA) with FDOT, a copy of which is attached to this staff report (Attachment #2). ANALYSIS The attached resolution (Attachment #1) authorizes the Chairman to execute the JPA for Section 5339 program funds. Upon the Board's adoption of the resolution and the Chairman's execution of the JPA, MPO staff will transmit the JPA to FDOT. As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Section 5339 funds. With respect to the Section 5339 program, the county receives the grant funds and transfers those funds to the county's Community Transportation Coordinator and transit provider, the Senior Resource Association (SRA). The SRA, in turn, provides the service as directed by the county and as identified in the JPA. In this case, the funds are to be used to purchase buses for the GoLine fixed route public transportation system. FUNDING No local match is required for this grant. State toll revenue credits are utilized as a soft match to provide the required nonfederal share. The use of a soft match eliminates the need for the county to provide a cash outlay for capital expenses. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Supplemental Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Joint Participation Agreement 2. FDOT Public Transportation Joint Participation Agreement 3. Grant Budget Form APPROVED AGENDA ITEM: FOR: BY: Indian River Co, Appro^ Date Admin. Legal _ Budget Dept. Risk Mer. FXommunity Development\USers\MPO\Transit\Grants\5339\2016\bcc staff report.doex 2 106 RESOLUTION NO. 2016 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or the Federal Transit Administration Act of 1964, as amended; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5339 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Bus and Bus Facilities Program Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Supplemental Joint Participation Agreement with the Florida Department of Transportation to obtain $380,624 in Bus and Bus Facilities Program Grant (Section 5339) funds for capital expenses associated with the County's ongoing public transportation service. 2. That the Indian River County Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Section 5339 Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc FACommunity Development\Users\MPO\Transit\Grants\5339\2016\bcc resolution.docx Page 1 of 2 ArTACHOT 1 107 RESOLUTION NO. 2016 - The Chairperson thereupon declared the resolution duly passed and adopted this 18th day of October , 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Bob Solari, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 18th day of October , 2016. APPROVED AS TO LEGAL SUFFICIENCY Notary Public SEAL: BY- k /I � ! r t Dylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Stan Boling, CP, Director Community Ikvelopment Department FACommunity Development\Users\MPO\Transit\Grants\5339\2016\bcc resolution.docx Page 2 of 2 108 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Numhar n1 725-030.07 PUBLIC TRANSPORTATION snt Page 1 of 3 Financial Project No.: Fund: DU 435841-1-94-01 FLAIR Approp.: 088774 Function: 215 FLAIR Obj.: 780000 (item -segment -phase -sequence) Federal No.: N/A Org. Code: 55042010429 Contract No.: ARE87 DUNS No.: 80-939-7102 Vendor No.: VF596000674029 CFDA Number: 20.526 CSFA Number: N/A THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River County Board of County Commissioners 1801 27th Street Vero Beach. FL 32960 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 22 nd day of May . 2014 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 796.474.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Additional funds for Bus Purchase ATTACHMENT 2 109 725-030-07 PUBLIC TRANSPORTATION 6/11 Page 2 of 3 2.00 Project Cost: Paragraph 3.00 of said Agreement is • increased O decreased by $ 380.624.00 bringing the revised total cost of the project to $ 796.474.00 Paragraph 4.00 of said Agreement is • increased O decreased by $ 380.624.00 bringing the Department's revised total cost of the project to $ 796.474.00 3.00 Amended Exhibits: Exhibit(s) B of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 16.00 of said Agreement 4/30/2018 . 5.00 E -Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 110 Financial Project No. 435841-1-94-01 Contract No. ARE87 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 5/22/2014 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY Indian River County Board of County Commissioners AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE APPROVED AS TO FORM AND -- L S FFIC BY WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Stacy L. Miller, P.E. DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE 725-030-07 PUBLIC TRANSPORTATION 6111 Page 3 of 3 111 Financial Project No. 435841-1-94-01 Contract No. ARE87 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County 1801 27th Street, Vero Beach, FL 32960 dated 5/22/2014 DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Addition of funds for Bus Purchase Comments: Page 1 of 2 112 As Approved As Amended Net Change I' Project Cost $415,850.00 $796,474.00 $380,624.00 As Approved As Amended Net II. Fund DU Department: $415,850.00 $796,474.00 $380,624.00 Agency: $ $ $ Federal: $ $ $ Total Project Cost $415,850.00 $796,474.00 $380,624.00 Comments: Page 1 of 2 112 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY Amount $ N/A Page 2 of 2 113 GRANT NAME: Section 5339 Bus & Bus Facilities Grant GRANT #: ARE87 AMOUNT OF GRANT: $380,624 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990 I . How long is the grant for? Four Years Starting Date: June 1. 2014 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: N/A % 5. Grant match amount required: " 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? X Yes No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $00 13-I, I( Signature of Preparers Date: ATTACHMENT 3 114 Grant Amount Other Matching Costs Match Total First Year $380.624 $ $ $380,624 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 13-I, I( Signature of Preparers Date: ATTACHMENT 3 114 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, County Engineer%o*/ SUBJECT: FDOT Small County Outreach Program (SCOP) Amendment Number One and Resolution Authorizing the Chairman's Signature for Construction (Resurfacing) and Construction Engineering Inspection (CEI) Services of CR512 from Roseland Road to US -1 DATE: October 10, 2016 DESCRIPTION AND CONDITIONS On March 22, 2016 the Board of County Commissioners approved a Florida Department of Transportation (FDOT) Small County Outreach Program Grant Agreement in the amount of $2,404,264.00 (75% of the total estimated cost of $3,205,685.00) for the resurfacing of CR512 which includes the dual westbound lanes from Roseland Road to US - 1 of CR512 and the eastbound lanes from Easy Street to US -1. The grant also includes reimbursement for construction engineering inspection (CEI) services. The County cost share is 25% or $801,421.00. The FDOT has requested Indian River County execute and deliver to the FDOT the attached Amendment Number One which reflects an extension of the timeframe of the Agreement and updated deliverables required in order to bring the project in line with current roadway design standards. Also attached, please find a Resolution authorizing the Board of County Commissioners to execute SCOP Amendment Number One. The funding amounts of the grant are not affected. FUNDING Funding for the County's cost share in the amount of $801,421.00 is budgeted for fiscal year 2016/2017 in Account Number 10921441-053360-16010 Secondary Roads/FDOT SCOP Grant/CR512 Resurfacing (Easy Street/US- 1/Roseland Road). RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached Small County Outreach Program (SCOP) Amendment Number One and Resolution and authorize the chairman to execute the same. ATTACHMENTS Authorizing Resolution FDOT Small County Outreach Program (SCOP) Amendment Number One FPN No. 431160-1-54-01 APPROVED AGENDA ITEM FOF By: Indian River County Approv Date Administration YY ),3/�' Budget I "l It I` C Legal IQ—to 46 Public Works ki Engineering l �/ F:\Public Wbrks\ENGINEERING DIVISION PROJECTSA 139 -CR 512 Wbnd Resurfacing -Roseland Rd to US I-SCOP\Admin\agenda items\BCC Agenda Memo for Resolution for FDOT SCOP AMENDMENT NO I.doc 115 RESOLUTION NO. 2016 - RESOLUTION T iE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF AMENDMENT NUMBER ONE TO THE SMALL COUNTY OUTREACH PROGRAM AGREEMENT FOR CONSTRUCTION (RESURFACING) AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES OF CR512 FROM ROSELAND ROAD TO US -1. WHEREAS, the resurfacing of CR512 includes the dual westbound lanes from Roseland Road to US - 1 and the eastbound lanes from Easy Street to US -1 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 resurfacing of CR512 from Roseland Road to US -1, as well as Construction Engineering Inspection (CEI) services under the Small County Outreach Program (SCOP); 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, Amendment Number One to the Small County Outreach Program Agreement for the aforementioned project updating deliverables and extending the timeframe of the Agreement: 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, Amendment Number One to the Small County Outreach 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 .2016. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency /y�x' Ck Dylan Reingold, County Attorney Bob Solari, Chairman F:\Public Works\ENGINEERING DIVISION PROJECTS\1139-CR 512 Wbnd Resurfacing -Roseland Rd to US 1-SCOP\Admin\agenda items\Resolution SCOP Amendment No. 1 10-18-2016.doc day of 116 DUNS No.: 80-939-7102 CSFA No.: 55.009 Contract No.: G-0999 FM No: 431160-1-54-01 Vendor No: VF 596-000-674-016 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY SMALL COUNTY OUTREACH PROGRAM AGREEMENT AMENDMENT NUMBER ONE THIS Amendment, made and entered into this day of , 20-----, by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the DEPARTMENT, and INDIAN RIVER COUNTY, 1801 270' Street, Vero Beach, Florida 32960, hereinafter called the AGENCY. WITNESSETH WHEREAS, on April 1, 2016 the parties entered into an Small County Outreach Program Agreement, hereinafter referred to as the Agreement, wherein the AGENCY agreed to provide certain improvements in connection with Financial Management (FM) No. 431160-1-54-01 for Construction and CEI Services of CR - 512 from Roseland Rd to SR5/US 1 and hereinafter referred to as the "Project"; and WHEREAS, the parties desire to amend the Agreement; and WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain Small County Outreach Program Agreement dated April 1, 2016, as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. Paragraph 3b of the Agreement is amended to read as follows: Actual Construction shall begin no later than March 1st, 2017 and be completed by June 30, 2018. The Scope of Services (Exhibit A) of the Agreement are unchanged and shall remain in full force and effect. 4. The Deliverables (Exhibit A) of the Agreement are deleted in its entirety and is replaced with Exhibit A of this Amendment, attached hereto and made a part hereof. All provisions, covenants, terms and conditions of the Agreement between the parties theretofore entered on April 1, 2016, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. 1 of 4 117 Exhibit A DELIVERABLES CR -512 from Roseland to SR-5/US-1 FM# 431160-1-54-01 PAY ITEM ITEM ESTIMATED QTY'S UNIT 101-1 MOBILIZATION INCLUDES PUBLIC CONSTRUCTION BOND 1 LS 102-1 MAINTENANCE OF TRAFFIC 1 LS 102-14 TRAFFIC CONTROL OFFICER 40 MH 102-61 BUSINESS SIGNS 30 EA 102-99 PORTABLE CHANGEABLE MESSAGE SIGNS TEMP 28 ED 104-10-3 SEDIMENT BARRIER 36,435 LF 104-18 INLET PROTECTION SYSTEM 22 EA 110-1-1 CLEARING AND GRUBBING 1 LS 160-4 REFURBISHED STABILIZED SHOULDER, (LBR 40), 6" THICK 16,625 SY 285-7 FULL DEPTH RECLAMATION BITUMINOUS ASPHALT BASE COURSE WESTBOUND 56,494 SY 285-7A FULL DEPTH RECLAMATION BITUMINOUS ASPHALT BASE COURSE EASTBOUND 19,526 SY 300-1 ASPHALT EMULSION TYPE CSS -1h (QTY BASED ON 2.75 GAUSY - PAYMENT WILL BE BASED ON ACTUAL QTY) 220,735 GAL 327-70-6 MILLING EXISTING ASPHALT PAVEMENT 1-1/2" AVG DEPTH 265 SY 334-1-13 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC 1-3/4" THICK 7,810 TN 337-7-42 ASPHALT CONCRETE FRICTION COURSE, TRAFFIC C, FC 9.5 (1-1/4" THICK) PG 76-22 PMA 5,580 TN 522-2 CONCRETE SIDEWALK AND DRIVEWAYS 6" THICK 33 SY 527-2 DETECTABLE WARNINGS 60 SF 570-1-2 PERFORMANCE TURF - SOD (BAHIA) (INCLUDES GRADING AS NEEDED TO COMPLY WITH FDOT INDEX 105) 33,087 SY 570-1-2A PERFORMANCE TURF - SOD (ST. AUGUSTINE, FLORATAM) (INCLUDES GRADING AS NEEDED TO COMPLY WITH FDOT INDEX 105) 21,697 SY 660-1-100 REMOVE INDUCTIVE LOOP DETECTORS ROSELAND ROAD 1 PI 660-4-11 VIDEO DETECTION SYSTEM - VIDEO, F&I CABINET EQUIPMENT 2 EA 660-4-12 VIDEO DETECTION SYSTEM - VIDEO, F&I, ABOVE GROUND EQUIPMENT 8 EA 670-5-111 TRAFFIC CONTROLLER ASSSEMBLY W/CABINET (DELEWARE AVENUE) 1 EA 670-5-600 REMOVE CONTROLLER AND CABINET DELEWARE AVENUE 1 EA 700-1-11 SINGLE POST SIGN, F&I GROUND MOUNT, UP TO 12 SF 37 AS 706-3 R.P.M. DIRECTIONAL WHITE/RED 1,040 EA of 4 118 706-3A R.P.M. BI-DIRECTIONAL AMBER/AMBER110 EEi2,818 EA 711-11-123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" LF 711-11-124 THERMOPLASTIC STANDARD, WHITE SOLID 18" 308 LF 711-11-125 THERMOPLASTIC STANDARD WHITE SOLID 24" 917 LF 711-11-160 THERMOPLASTIC, PAVEMENT MESSAGE "ONLY" 6 EA 711-11-160A THERMOPLASTIC, PAVEMENT MESSAGE "SCHOOL" 4 EA 711-11-160B THERMOPLASTIC, PAVEMENT MESSAGE "RR CROSSING" 5 EA 711-11-160C THERMOPLASTIC, PAVEMENT MESSAGE (HELMETED BICYCLE SYMBOL AND BIKE LANE ARROW) 30 EA 711-11-170 THERMOPLASTIC, WHITE ARROWS 56 EA 711-11-224 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR DIAGONAL OR CHEVRON 13 LF 711-16-101 THERMOPLASTIC STANDARD WHITE SOLID 6" 22 992 LF 711-16-122 THERMOPLASTIC, STANDARD, WHITE, SOLID, 8" 405 LF 711-16-131 THERMOPLASTIC STANDARD, WHITE, SKIP, 6" 10' - 30' 17 260 LF 711-16-141 THERMOPLASTIC, STANDARD, WHITE, SKIP, DOTTED/GUIDELINE/6'- 10' GAP EXTENSION, 6" 2,294 LF 711-16-141A THERMOPLASTIC, STANDARD, WHITE SKIP 6", 2' - 4' 2,742 LF 711-16-221 THERMOPLASTIC, STANDARD, YELLOW SOLID, 6" 20,926 LF 711-16-231 THERMOPLASTIC, STANDARD YELLOW SKIP 6', 6' - 10' 1 156 LF *The County will need written approval from the Department, if deviating from the deliverables shown in the Table above. 3 of 4 119 IN WITNESS WHEREOF, this AMENDMENT to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Amendment by Resolution No. , hereto attached. INDIAN RIVER COUNTY (Name of RECIPIENT) Print Name: BOB SOLARI Title: CHAIRMAN Approved by BCC: ATTEST: TITLE: Dppa Clerk Print Name: LEONA ALLEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Print Name: STACY L. MILLER, P.E Title: Date: OFFICE OF THE GENERAL COUNSEL Legal Review: APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: TITLE:I- �./ COUNTY ATTORNEY U � 4 of 4 120 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 Small County Outreach Program (SCOP) Agreement and Resolution Authorizing the Chairman's Signature for Reconstructing 58th Avenue from 26th Street to 57th Street, IRC Project No. 1324, FM No. 434840-1-54-01 DATE: October 5, 2016 DESCRIPTION AND CONDITIONS On September 20, 2016 the Board of County Commissioners approved Resolution No. 2016-082 and a Small County Outreach Program (SCOP) Agreement with the Florida Department of Transportation (FDOT) for the reconstructing of 58th Avenue from 26th Street to 57th Street utilizing full depth reclamation, milling, widening of existing asphalt and constructing a 3" thick asphalt road surface with an estimated total cost for the project of $3,383,000. The FDOT SCOP maximum grant amount approved was $2,006,798.00 with the County responsible for the balance. The FDOT has increased the total grant amount to $2,067,073.00 and requested that the updated SCOP Agreement and Resolution (reflecting the increased amount) be presented to and approved by the Board of County Commissioners. FUNDING Funding for the County's cost share in the updated amount of $1,315,927.00 will be funded by Account Number 10921441-053360-16008 Secondary Roads/FDOT SCOP Grant/58th Avenue Resurfacing (26th St — 57th St). RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached updated Small County Outreach Program (SCOP) Agreement and Resolution and authorize the chairman to execute the same. ATTACHMENTS 1. Indian River County Grant Form (updated) 2. Authorizing Resolution (updated) 3. FDOT Small County Outreach Program (SCOP) Agreement FPN No. 434840-1-54-01(updated) DISTRIBUTION Will Scott, Road & Bridge Superintendent APPROVED AGENDA ITEM FOF By: Indian River County Appr9ve4. Date Administration /I J0 13141 Budget it/ /6)/( Legal i�llL" Public Works Engineering F:\Public Worry -\ENGINEERING DIVISION PROJECTS\1324 58th Ave Resurfacing (N. of 26th St to N. of 57th St)\Admin\agenda items\BCC Agenda Memo for Resolution for FDOT SCOP Agreement (Updated 10-18-2016).doc 121 GRANT NAME: FDOT Small County Outreach Program (SCOP) 581' Avenue (26's Street to 57th Street) GRANT # 434840-1-54-01 AMOUNT OF GRANT: $2,067,073.00 (Updated) DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: James W. Ennis P E PMP County Engineer TELEPHONE: (772) 226-1221 How long is the grant for? Until June 30, 2019 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 25 % 5. Grant match amount required _$ 1,115 9?7 nn Starting Date: Construction to begin by 1/1/2018 Yes X No X Yes No Yes X No 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? 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.) Yes X No $ N/A 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 1 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? I Salary and Benefits I Operating Costs I Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 1131,512270 Signature of Preparer: Date:ZZI-t!(� 122 Grant Amount Other Match Costs Not Covered Match Total First Year $ 2,067,073.00 $ $ 1,315,927.00 $ 3,383,000.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date:ZZI-t!(� 122 RESOLUTION NO. 2016 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A SMALL COUNTY OUTREACH PROGRAM AGREEMENT (UPDATED) FOR RECONSTRUCTING OF 58th AVENUE FROM 26"' STREET TO 57TM STREET. WHEREAS, the reconstructing of 58th Avenue from 261h Street to 57th Street 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 reconstructing 58th Avenue from 26th Street to 57th Street, as well as reconstruction of existing shoulders to five feet, minor drainage improvements, utility adjustments, signing and pavement markings under the Small County Outreach Program (SCOP); and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 25 percent or more of the cost of the total project costs as its portion of the required local match. 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 Small County Outreach Program Agreement (updated) for the aforementioned project. The foregoing resolution was offered by Commissioner motion was seconded by Commissioner follows: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Wesley S. Davis Commissioner Tim Zorc who moved its adoption. The and, upon being put to a vote, the vote was as The Chairman thereupon declared the resolution passed and adopted this , 2016. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk App ved as to F rm a e I S iciency William K. DeBraal, Deputy County Attorney Bob Solari, Chairman day of F:\Public Works\ENGINEERING DIVISION PROJECTS\1324 58th Ave Resurfacing (N. of 26th St to N. of 57th St)1Admin\agenda items\Resolution SCOP Agreement Updated 10-18-2016.doc 123 Florida Statutes: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION &50 -OM -al 334.044(7) SMALL COUNTY OUTREACH PROGRAM PROGRAM MANAGEMENT AGREEMENT �9 1 asto Financial Project No:434840-1-54-01 Contract No. Vendor No.: VF -596-000-679-003 CSFA No. and Title: 55.009 Small County Outreach Program (SCOP) and Rural Areas of Opportunity (RAO) STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION SMALL COUNTY OUTREACH PROGRAM AGREEMENT This Small County Outreach Program Agreement ("Agreement") is entered into this day of _ between the State of Florida, Department of Transportation ("Department') and INDIAN RIVER COUNTY ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." RECITALS A. The Department is authorized under Section 334.044 (7), Florida Statutes, and Section 339.2818, Florida Statutes to enter into this Agreement. B. The Small County Outreach Program ("SCOP") has been created within the Department pursuant to Section 339.2818, Florida Statutes, to provide funds to counties to assist small counties in resurfacing or reconstructing county roads or in constructing capacity or safety improvements to county roads and also to municipalities within rural areas of critical concern (rural areas of opportunity ("RAO")) with projects, excluding capacity improvement projects. C. The Department has determined that the transportation project described in Exhibit "A" attached and incorporated in this Agreement ("Project"), is necessary to facilitate the economic development and growth of the State and the Department is authorized by Section 339.2821, Florida Statutes, to approve an expenditure to the Recipient for the direct costs of the Project. D. Exhibits A, B, C, and D are attached hereto and incorporated by reference into this Agreement. E. The Recipient is authorized to enter into this Agreement by the resolution attached and made part of this Agreement. NOW, THEREFORE, in consideration of the mutual benefits contained in this Agreement, the parties agree as follows: 124 Florida Statutes: 334.044(7) 850-035-01 PROGRAM MANAGEMENT OGC —12115 Page 2 of 20 1. The recitals set forth above are incorporated by this reference in this Agreement. 2. The Recipient shall furnish all services as required in Exhibit "A" for completion of the Project. 3. The term of this Agreement shall begin upon the date of signature of the last party to sign this Agreement ("Effective Date") and continue through June 30, 2019. Execution of this Agreement by both parties shall be deemed a Notice to Proceed to the Recipient for work to begin on the Project. Any work performed prior to the execution of this Agreement is not subject to reimbursement. The estimated project production schedule is as follows: a. Design plans contract to begin on or before N/A, and design plans to be completed by N/A. b. Actual Construction shall begin no later than January 1, 2018, and be completed by June 30, 2019. 4. The Department will participate in a maximum of 75 % of the actual total project costs up to TWO MILLION SIXTY SEVEN THOUSAND SEVENTY THREE DOLLARS AND NO CENTS ($2,067,073.00) (the maximum Department participation as set forth in Method of Compensation in Exhibit B). The Parties agree that the Department's participation may be increased or reduced upon a determination of the actual bid amounts of the project by the execution of a supplemental agreement. Travel costs will not be reimbursed. a. The Department agrees to compensate the Recipient for services described in Exhibit "A", and as set forth in the Method of Compensation in Exhibit `B". b. Unless otherwise permitted, payment will begin in the year the Project or Project phase is scheduled in the adopted work program as of the Effective Date of this Agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. c. The Recipient 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, identified as Financial Project Number 434840-1-54-01and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A". Any changes to the deliverables shall require written approval in advance by the Department. Invoices shall be submitted at least quarterly by the Recipient in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to 125 Florida Statutes: 334.044(7) 850-035-01 PROGRAM MANAGEMENT OGC —12/15 Page 3 o120 reimbursements. The final invoice shall be accompanied by a Notice of Completion, Exhibit "D". d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient 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" has been met. e. 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 Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time frame to be specified by the Department. The Recipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient 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 Recipient 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 Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the retained amount during the next billing period. If the Recipient is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. f. The Recipient should be aware of the following time frames. Upon receipt of an invoice, the Department has twenty (20) days to inspect and approve the goods and services. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (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 forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable; in addition to the invoice amount, to the Recipient. Interest penalties of less than one dollar ($1.00) will not be enforced unless the Recipient requests payment. Invoices which have to be returned to the Recipient because of Recipient 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 entities who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at (877) 693-5236. 126 Florida Statutes: 334.044(7) 850-035-01 PROGRAM MANAGEMENT OGC —12115 Page 4 of 20 g. Records of costs incurred under 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 Recipient's general accounting records and the project records; together with supporting documents and records, of the Recipient and all subcontractors performing work on the project, and all other records of the Recipient and subcontractors considered necessary by the Department for a proper audit costs. h. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. Either party to the Agreement may request and shall, within a reasonable time thereafter, be granted a conference with the other party. (insert address below if required) i. In the event this Agreement is in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are incorporated as follows: "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 one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than one (1) year." j. The Department's obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. k. All costs charged to the Project and the grant match of in kind services shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 127 Florida Statutes: 334.044(7) 850-03501 PROGRAM MANAGEMENT OGC —12115 Page 5 of 20 I. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. The administration of resources awarded through the Department to the Recipient 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 state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on-site visits by Department staff, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the state Chief Financial Officer (CFO) or Auditor General. b. The Recipient, as a non -state entity as defined by Section 215.97(2)(m), Florida Statutes, and as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: L In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of the threshold established by Section 215.97, Florida Statutes, in any fiscal year of the Recipient, the Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General. Exhibit "C" to this Agreement provides the specific state financial assistance information awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non -state entity for Federal program matching requirements. 128 Florida Statutes: 334.044(7) 850-035-01 PROGRAM MANAGEMENT OGC —12115 Page 6 of 20 ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General. iii. If the Recipient expends less than the threshold established by Section 215.97, Florida Statutes, in state financial assistance in a fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required; however, the Recipient must provide to the Department a certification of exemption to FDOTSingleAuditndot state fl us no later than 9 months after the end of the Recipient's fiscal year for each applicable audit year. In the event that the Recipient expends less than the threshold established by Section 215.97, Florida Statutes, in state financial assistance in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. Copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us and State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt and state fl us v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, as applicable. 11P9 Florida Statutes: 334.044(7) 850-035-01 PROGRAM MANAGEMENT OGC —12115 Page 7 of 20 vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within 6 months, the Department shall review the Recipient's financial reporting package, including the management letters and corrective action plans, to the extent necessary to determine whether timely and appropriate corrective action has been taken with respect to audit findings and recommendations pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance, in accordance with Section 215.97(8)(1), Florida Statutes. viii. As a condition of receiving state financial assistance, the Recipient shall allow the Department, or its designee, the CFO or Auditor General access to the Recipient's records, including project records, and the independent auditor's working papers as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient 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 Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or 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. 6. The Recipient shall permit, and shall require its contractors and subcontractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, and records, and to audit the books, records, and accounts pertaining to the financing and development of the Project. 7. The Recipient must certify that the consultant has been selected in accordance with the Consultants' Competitive Negotiation Act (Section 287.055, Florida Statutes). Contractor must be prequalified by the Department pursuant to Section 337.14, Florida Statutes, and Rule Chapter 14-22, Florida Administrative Code for projects meeting the thresholds therein. 8. In the event the Recipient proceeds with the design, construction and construction engineering inspection services ("CEI") of the Project with its own forces, the Recipient will only be reimbursed for direct costs (this excludes general and administrative 130 Florida Statutes: 334.044(7) 850,D35-01 PROGRAM MANAGEMENT OGC —12/15 Page 8 of 20 overhead). The Recipient shall hire a Department qualified CEI. The Department shall have the right, but not the obligation, to perform independent testing from time to time during the course of construction of the Project. . 9. Upon completion of the work, the Recipient shall furnish a set of "as -built" plans certified by the Engineer of Record/CEI that the necessary improvements have been completed in accordance with the Plans as the same may be modified in accord with the terms of this Agreement. Additionally, the Recipient shall assure that all post construction survey monumentation required by Fla. Stat. is completed and evidence of such is provided to the Department in a manner acceptable to the Department. 10. The Recipient shall 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 Recipient in conjunction with this Agreement. Specifically, if the Recipient is acting on behalf of a public agency the Recipient shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the Recipient. b. Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Recipient upon termination of the contract 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 the Department in a format that is compatible with the information technology systems of the Department. Failure by the Recipient to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Recipient shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Recipient and shall promptly provide the Department *a copy of the Recipient's response to each such request. 11. The Recipient shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. 12. The work performed pursuant to this Agreement may require authorization under the Clean Water Act, by the U.S. Environmental -Protection Agency for Storm Water Discharges from construction sites. The Recipient is responsible for obtaining the National Pollutant 131 Florida Statutes: 334.044(7) 850-035-01 PROGRAM MANAGEMENT OGC -12/15 Page 9 of 20 Discharge Elimination System Permit and all other necessary permits for construction of the Project. When applicable, such permits will be processed in the name of the Department; however, in such event, the Recipient will comply with all terms and conditions of such permit in construction of the subject facilities. 13. The Recipient affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor; supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The Recipient agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 14. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Recipient knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 15. The Recipient will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Recipient shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. The Recipient shall insert similar provisions in all contracts and subcontracts for services by this Agreement. The Recipient affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public Recipient. The Recipient further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 16. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the 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 Recipient guaranties the payment of all 132 Florida Statutes: 334.044(7) 850-035.01 PROGRAM MANAGEMENT OGC —17115 Page 10 of 20 just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. Additionally, the Recipient agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/sub consultants who perform work in connection with this Agreement. "To the fullest extent permitted by law the Recipient's contractor shall indemnify and hold harmless the Recipient, 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 conduct of contractor and persons employed or utilized by contractor in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. To the fullest extent permitted by law, the Recipient's consultant shall indemnify and hold harmless the Recipient, 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 fees to the extent caused, in whole or in part, by the professional negligence, error or omission, recklessness, or intentional wrongful conduct of the consultant or persons employed or utilized by the consultant in the performance of the Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity." 17. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent Contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. 18. The Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any 133 Florida Statutes: 334.044(7) 650-035-01 PROGRAM MANAGEMENT OGC —12/15 Page 11 of 20 other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible. Pay all deductibles as required by the policy. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. 19. No funds received pursuant to this Agreement may be expended for the purpose of lobbying the Florida Legislature, the judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. 20. The Recipient and the Department agree that the Recipient, its employees and its subcontractors are not agents of the Department as a result of this Agreement. 21. This Agreement may be canceled by the Department in whole or in part at any time the interest of the Department requires such termination. The Department also reserves the right to seek termination or cancellation of the Agreement in the event the Recipient shall be placed in either voluntary or involuntary bankruptcy. The Department further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the Recipient upon sixty (60) days written notice to the Department. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. 22. The Recipient shall not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department, which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer occurring without the required written approval will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Recipient. In the event that the Department approves transfer of the Recipient's obligations, the Recipient remains responsible for all work performed and all expenses incurred in connection with this Agreement. 134 Florida Statutes: 334.044(7) 850-035-01 PROGRAM MANAGEMENT OGC —12115 Page 12 of 20 23. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; overnight express mail delivery, email, or facsimile. The addresses and the contact persons set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. TO DEPARTMENT: Florida Department of Transportation 3400 W. Commercial Blvd. Fort Lauderdale, Florida 33309 Attn: Leos Kennedy, Jr. Copy: Project Manager, Carlos Lemus 2nd Copy: District's General Counsel TO RECIPIENT: Indian River County 1801 2711' Street Vero Beach, Florida 32960 Attn: Richard Szpyrka, P.E. Copy: Indian River County's General Counsel 24. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 25. This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties and shall be subject to the same terms and conditions set forth in this agreement. 26. This Agreement shall not be construed to grant any third party rights. 27. In no event shall the making by the Department of any payment to the Recipient 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 Recipient, 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. 28. This Agreement embodies the entire agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Recipient and the authorized officer of the Department or his/her delegate. 29. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement thus remains in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 30. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any action arising out of this Agreement shall be in Leon County, Florida. 135 Florida Statutes: 334.044(7) 850-035-01 PROGRAM MANAGEMENT OGC —12/15 Page 13 of 20 31. Time is of the essence as to each and every obligation under this Agreement. 32. The Department and the Recipient acknowledge and agree to the following: L The Recipient shall utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and ii. The Recipient shall expressly require any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the contractor/subcontractor during the contract term. 33. This Agreement may be executed in duplicate originals. 34. The contractor/consultant/vendor agrees 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. The remainder of this page intentionally left blank. 136 Florida Statutes: 334.044(7) 850-035-01 PAVEMENT MANAGEMENT OGC — 02/15 Page 14 of 20 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY (Name of RECIPIENT) TITLE: CHAIRMAN Print Name: BOB SOLARI Date: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION C TITLE: DIRECTOR OF TRANSP. DEVELOPMENT Print Name:STACY L. MILLER RE Date: OFFICE OF THE GENERAL COUNSEL ATTEST: LEGAL REVIEW: Jeffrey R. Smith, Clerk of Court & Comptroller Leona Allen, Deputy Clerk See attached encumbrance form for date of Funding approval by Comptroller. APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: ��K Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 137 Florida Statutes: 334.044(7) Exhibit A SCOPE OF WORK DELIVERABLES 581h Avenue from North of 261h Street to North of 571h Street FM# 434840-1-54-01 850-035-01 PAVEMENT MANAGEMENT OGC — 02/15 Page 15 of 20 This Project will consist of reconstructing the roadway utilizing full depth reclamation, milling, widening the existing asphalt and constructing a 1-1/2" thick asphalt overlay. The Project work will also include, but is not limited to the reconstruction of the existing shoulders to 5 -feet, minor drainage improvements, utility adjustments, signing, and pavement markings. 138 Florida Statutes: 334.044(7) DELIVERABLES FM# 434840-1-54-01 850-03501 PAVEMENT MANAGEMENT OGC — 02115 Page 16 o120 139 Pay Item No. Description 101-1 Estimated Q MOBILIZATION 102-1 MAINTENANCE OF TRAFFIC 1 104-1 EROSION AND WATER POLLUTION CONTROL 1 110-1-1 CLEARING AND GRUBBING 1 110-7-1 MAILBOX RELOCATION 1 120-1 EXCAVATION & EMBANKMENT 45 EXCAVATION OF EXISTING ASPHALT & BASE 10000 120-1A 120-2A (RAP) MIXED IN ROADWAY BASE 784 121-70 NON-EXVAVATABLE FLOWABLE FILL 6000 160-4 TYPE B STABILIZATION 12" SHOULBER (LBR-40) 50 283-70 RECLAIMED ASPHALT BASE COURSE (SHOULDER WIDENING) 5824 15946 283-71 RECLAIMED ASPHALT BASE COURSE (FULL DEPTH RECLAMATION) 285-709 OPTIONAL BASE, GROUP 9 (10" LIMEROCK) LBR100 54266 2200 300-1 ASPHALT EMULSION TYPE CSS -1H —QUANTITY BASED ON 2.75 GAL/SY 193083 327-70-6 MILL EXISTING ASPHALT (1" AVG DEPTH) TYPE S.P. -9.5 ASPHALTIC CONCRETE (1" THICK) 19699 334-1-13A 81800 334-1-13 TYPE S.P. -12.5 ASPHALTIC CONCRETE (2" THICK) 81800 425-1-553 INLETS, DT BOT, TYPE E, J BOT, <10' 2 430-175-148 PIPE CULVER, OPT MATERIAL, ROUND, 48" CED 136 530-1 RIPRAP, SAND -CEMENT 45 570-1-2 PERFORMANCE TURF SOD (BAHIA) 25797 670-5-110 ECONOLITE VEHICLE DETECTOR ASSEMBLY 2 700-1-5 SINGLE SIGN POST (RELOCATE) 46 706-3 R.P.M. BI-DIRECTIONALAMBER/AMBER 936 711-11-121 SOLID TRAFFIC STRIP (6"WHITE) THERMOPLASTIC 34034 711-11-123 SOLID TRAFFIC STRIP (12"WHITE) THERMOPLASTIC 890 711-11-124 SOLID TRAFFIC STRIP (18"WHITE) THERMOPLASTIC 70 711-11-125 SOLID TRAFFIC STRIP (24"WHITE) THERMOPLASTIC 492 711-11-141 SKIP TRAFFIC STRIPE (6" WHITE 2'-4') THERMOPLASTIC 1305 711-11-151 SKIP TRAFFIC STRIPE (6" WHITE 6'-10') THERMOPLASTIC 2406 711-11-170 TURN ARROWS, THERMOPLASTIC 31 711-3 PAVEMENT MESSAGE (SCHOOL) THERMOPLASTIC 2 23 711-4 BICYCLE LANE MARKING, THERMOPLASTIC 411-11-221 SOLID TRAFFIC STRIPE (DOUBLE 6" YELLOW) THERMOPLASTIC 16428 711 11-224 SOLID TRAFFIC STRIP (18" YELLOW) THERMOPLASTIC 656 711-11-251 SKIP TRAFFIC STRIPE (6" YELLOW 10'-30') THERMOPLASTIC Al n„ 139 Florida Statutes: 334.044(7) METHOD OF COMPENSATION FINANCIAL PROJECT NO. 434840-1-54-01 850-035-01 PAVEMENT MANAGEMENT 0GC — 02/15 Page 17 of 20 This is a cost reimbursement agreement. This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Indian River County referenced by the above Financial Project Number Schedule of Funding: Please submit four copies of invoice(s) to the following address: Florida Dept. of Transportation. Program Management Div., Attn: Leos A. Kennedy, Jr. 3400 W. COMMERCIAL BLVD., FT. LAUDERDALE, FLORIDA 33309 140 FY 2017 FY 2018 TOTAL I. TOTAL PROJECT $ $ $ Desi $ $ $ Right of Way $ $ $ Construction $ 1,523,097.00 $ 1,233,000.00 $ 2,756,097.00 H. PARTICIPATION: Maximum Department Participation $ 834,073.00 $ 1,233,000.00 $2,067,073.00 Local Participation $ 689,024.00 $ 0.00 $ 689,024.00 In -Kind $ $ $ Cash $ $ $ Combination In-Kind/Cash $ $ $ Waiver or Reduction $ $ $ TOTAL PROJECT COST: $ 1,523,097.00 $1,233,000.00 $ 2,756,097.00 Please submit four copies of invoice(s) to the following address: Florida Dept. of Transportation. Program Management Div., Attn: Leos A. Kennedy, Jr. 3400 W. COMMERCIAL BLVD., FT. LAUDERDALE, FLORIDA 33309 140 Florida Statutes: 334.044(7) STATE FINANCIAL ASSISTANCE STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: 850-035-01 PAVEMENT MANAGEMENT OGC — 02115 Page 18 of 20 Awarding Agency: Florida Department of Transportation State Project Title: Small County Outreach Program (SCOP) and Rural Areas of Opportunity (RAO) CSFA Number: 55.009 Award Amount: $ 2,067,073.00 Specific information for CSFA Number 55.009 is provided at: https://apps.fldfs.com/fsaa/searchCataloa aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Compliance requirements for CSFA Number 55.009 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx 141 Florida Statutes: 334.044(7) 850-03501 PAVEMENT MANAGEMENT OGC — 02/15 Page 19 of 20 EXHIBIT "D" NOTICE OF COMPLETION SMALL COUNTY OUTREACH PROGRAM between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION And INDIAN RIVER COUNTY (RECIPIENT) PROJECT DESCRIPTION: Construction of 58th Avenue from North of 26th Street to North of 57th Street FINANCIAL PROJECT NUMBER: 434840-1-54-01 In accordance with the Terms and Conditions of the SMALL COUNTY OUTREACH PROGRAM AGREEMENT, the undersigned hereby provides notification that the work authorized by this Agreement is complete as of 20 Name: Title: 142 Florida Statutes: 334.044(7) EXHIBIT E Recipient's Resolution 850-035-01 PAVEMENT MANAGEMENT OGC — 02/15 Page 20 of 20 143 CQNSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director h j Department of Emerg y S6vices FROM: Etta LoPresti, Emergency Management Coordinator DATE: September 20, 2016 SUBJECT: Acceptance and Approval of Expenditures for Emergency Management State - Funded Subgrant Agreement 17 -BG -83-10-40-01-037 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Each year, the Florida Division of Emergency Management, through the executive office of the Governor, administers the Emergency Management Preparedness Assistance Grant (EMPA) Subgrant in support of each Florida county following authorization under Chapter 252, Florida Statutes and State Rule Chapter 27P-6, Florida Administrative Code. The funding for the EMPA is used to enhance and improve emergency management mitigation, planning, response and recovery directly affecting the lives and property of Indian River County residents and visitors. In accordance with the Emergency Management 2016-2019 strategic plan, the items listed below will enhance the ability of Emergency Management to adequately respond to and recover from disaster events and conduct the annual hazardous materials analysis required within the EMPA scope of work and the County Comprehensive Emergency Management Plan as approved. FUNDING: This is a dollar for dollar state funded matching subgrant with Florida Division of Emergency Management. The term of the agreement is from July 1, 2016 through June 30, 2017. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. The 2016/2017 EMPA is in the amount of $115,806 of which $74,170 has been previously allocated for salary and benefits leaving a balance of $41,636 for expenditures. The County is 144 permitted to use a broad range of matching funds for which the Emergency Management budget is used as the matching for this grant. No additional funding is required. Item Amount Account Number EOC Parking Lot Improvements $30,000.00 00123825-066510 Public Outreach and Disaster Preparedness EOC Enhancements $ 2,534.00 $ 7,883.00 00123825-035290 00123825-066510 Annual software service renewal $1,219.00 00123825-033190 Total %41.636.00 �] RECOMMENDATION: Staff recommends the acceptance of State Funded Subgrant Agreement 17 -BG -83-10-40-01-037 and approval of the expenditures. APPROVED FOR AGENDA FOF BY: Administrator Indian River Co. Apt py Dart* 3 (o Legal Budget Dept. Risk Mgr. General Svcs. 145 permitted to use a broad range of matching funds for which the Emergency Management budget is used as the matching for this grant. No additional funding is required. Item EOC Parking Lot Improvements Amount $30,000.00 Account Number 00123825-066510 Public Outreach and Disaster Preparedness $ 2,534.00 00123825-035290 EOC Enhancements $ 7,883.00 00123825-066510 Annual software service renewal $1,219.00 00123825-033190 Total $41,636.00 RECOMMENDATION: Staff recommends the acceptance of State Funded Subgrant Agreement 17 -BG -83-10-40-01-037 and approval of the expenditures. APPROVED FOR AGENDA FOR: October 11, 2016 BY: ver Co. Ap rov Date F Ims Dept. '1•n • � to Risk Mgr. General Svcs. 146 GRANT NAME: EMPA Grant G1?ANT#17-BG-83-10-40-01-037 AMOUNT OF GRANT: $ 74,170.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John Kine PHONE NUMBER: 772-226-3859 1. How long is the grant for? 1 year Starting Date: July 1, 2016 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% 5. Grant match amount required $ N/A 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? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? (Attach a detail listing of costs) $ N/A 8. Are you adding any additional positions utilizingthe grant funds? Yes X No If yes, please list. (If additional space is neededplease attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages PT N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 1 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Ca ital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer: Date: September 20, 2016 147 Grant Other Match Costs First Year N/A N/A N/A N/A Second Year N/A N/A N/A N/A Third Year S N/A N/A N/A N/A Fourth Year N/A S N/A N/A N/A Fifth Year N/A S N/A N/A N/A Signature of Preparer: Date: September 20, 2016 147 Contract Number: 17 -BG -83-10-40-01-037 Catalog of State Financial Assistance (CSFA) #: 31.063 STATE -FUNDED GRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County (hereinafter referred to as the 'Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: ➢ The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and The Division has the authority to grant these funds to the Recipient upon the terms and conditions below; and, ➢ The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: 1. LAWS, RULES, REGULATIONS AND POLICIES A. This Agreement involves "state financial assistance," as that term is defined in section 215.97(2)(q), Florida Statutes. B. Under this Agreement, the Division serves as the "State awarding agency" as that term is defined by section 215.97(2)(p), Florida Statutes. C. Under this Agreement, the term "Recipient", as defined by section 215.97(2)(n), Florida Statutes, means a "nonstate entity that receives state financial assistance directly from a state awarding agency." D. As required by section 215.97(5)(a), Florida Statutes, this Agreement provides the recipient with "information needed by the recipient to comply with the requirements of"the Florida Single Audit Act. E. As required by section 215.971(1), Florida Statutes, this Agreement includes: (1) A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. (2) A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (3) A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the agreement. (4) A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. 1 148 (5) A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. (6) A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. F. In addition to the foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in attachment titled: Program Statutes, Regulations and Program Requirements. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. 2. CONTACT A. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. (1) Monitor, verify and document Recipient performance; and, (2) Review and document all deliverables for which the Recipient requests B. The Division's Grant Manager for this Agreement is: Teresa A. Warner 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-922-1637 Fax: 850-488-7842 Email: Teresa.warnerCaDem.myflorida com C. The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: John King, Director 4225 431d Avenue Vero Beach, FL 32967-1671 Telephone: 772-567-2154 Fax: 772-5679323 Email: jking(c�ircgov.com D. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 149 3. TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. 4. EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. 5. MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. 6. SCOPE OF WORK The Recipient shall perform the work in accordance with the Program Budget and Scope of Work/Deliverables of this Agreement. 7. PERIOD OF AGREEMENT This Agreement shall begin July 1, 2016 and shall end on June 30, 2017, unless terminated earlier in accordance with the provisions of Paragraph (16) of this Agreement. In accordance with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. 8. FUNDING A. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. B. In accordance with Rule 27P-19.010(10), Florida Administrative Code, allowable costs "shall be determined in accordance with applicable Federal Office of Management and Budget Circulars." Therefore, 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards," shall apply to this Agreement. C. This is a cost -reimbursement Agreement, subject to the availability of funds. D. In accordance with Rule 27P-19.010(4), Florida Administrative Code, the Division will reimburse the Recipient on a quarterly basis. E. The Division will reimburse the Recipient only for allowable costs incurred during the successful completion of required tasks outlined in attachment titled: Scope of Work/Deliverables. Allowable costs are listed in the attachment titled: Allowable Costs and Eligible Activities. F. The maximum reimbursement amount for the entirety of this Agreement is $115,806.00. However, the amount of reimbursement is limited as follows: 3 150 Agreement; (1) Quarter 1 – no more than 70% of maximum reimbursement amount for this (2) Quarter 2 – an amount that, when combined with the Quarter 1 reimbursement, does not exceed 80% of maximum reimbursement amount for this Agreement; (3) Quarter 3 – an amount that, when combined with the Quarter 1 and Quarter 2 reimbursements, does not exceed 90% of maximum reimbursement amount for this Agreement. G. Consistent with 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise." H. The Division will review any request for reimbursement by comparing the documentation provided by the Recipient against the allowable costs outlined in this agreement and required deliverables. I. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal', which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Recipient "relate financial data to performance accomplishments of the award." J. The Division will reimburse the Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Recipient seeks reimbursement for overtime expenses for periods when no work is performed (such as a collective barging agreement) due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Recipient -employee agreement, or an established policy of the Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: (1) They are provided under established written leave policies; 4 151 (2) The costs are equitably allocated to all related activities, including grant awards; and, (3) The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the Recipient. K. The Division will reimburse the Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Recipient must provide documentation that: (1) The costs do not exceed charges normally allowed by the Recipient in its regular operations as a result of the Recipient's written travel policy; and, (2) Participation of the individual in the travel is necessary to the award. L. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the . expenditures incurred by the Recipient. M. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: (1) Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, (2) Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. 9. RECORDS A. As a condition of receiving state financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Chief Inspector General of the State of Florida, the Division, the Department of Financial Services, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. 152 B. The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library- archives/records-management/aeneral-records schedules/. C. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. D. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. E. The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program 0 153 costs, in a form sufficient to determine compliance with the requirements and objectives of the Program Budget and Scope of Work/Deliverables and all other applicable laws and regulations. 10. AUDITS A. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by Rule 10.554(1)(g) of the Rules of the Auditor General, GAAP are "those accounting principles generally accepted in the United States of America, as defined by the GASB Codification of Governmental Accounting and Financial Reporting Standards, Section 1000 The Hierarchy of Generally Accepted Accounting Principles." As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." B. When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by Rule 10.554(1)(h) of the Rules of the Auditor General, GAGAS are "those audit standards set forth in the publication Government Auditing Standards issued by the Comptroller General of the United States." As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." C. As defined by section 215.97(2)(a), Florida Statutes, the term "audit threshold" means "the threshold amount used to determine when a state single audit or project -specific audit of a nonstate entity shall be conducted in accordance with" the Florida Single Audit Act. The current audit threshold is $750,000. D. As required by sections 215.97(2)(a) and 215.97(8)(a), Florida Statutes, "[e]ach nonstate entity that expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such nonstate entity shall be required to have a state single audit, or a project - specific audit, for such fiscal year in accordance with" the requirements of the Florida Single Audit Act and in accordance with "additional requirements established in rules of the Department of Financial Services and rules of the Auditor General." In determining the State financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. E. In accordance with section 215.97(8)(f), Florida Statutes, the Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall 154 state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. F. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, then the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non- compliance. G. If the Recipient expends less than $750,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). H. As required by section 215.97(5)(d), Florida Statutes, the Recipient shall provide the Division with "one copy of each financial reporting package prepared in accordance with" the requirements of the Florida Single Audit Act. I. As defined by section 215.97(2)(e), Florida Statutes, the term "financial reporting package" means the Recipient's "financial statements, Schedule of Expenditures of State Financial Assistance, auditor's reports, management letter, auditee's written responses or corrective action plan, correspondence on followup of prior years' corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes" of the Florida Single Audit Act. J. In addition to the information listed in paragraph 101 above, the financial reporting package shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. K. Copies of financial reporting packages required by the Florida Single Audit Act shall be submitted by or on behalf of the Recipient directly to each of the following: (1) The Division of Emergency Management at the following addresses: Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 OR DEMSinale AuditRem.mvflorida.com (2) The Auditor General's Office at the following address: M& Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 L. Additional information on the Florida Single Audit Act may be found at the following website: https://apps.fldfs.com/fsaa/singleauditact.aspx. 11. REPORTS A. The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. B. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. C. The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement, whichever first occurs. D. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in paragraph 15 REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. E. The Recipient shall provide additional program updates or information that may be required by the Division. F. The Recipient shall provide additional reports and information identified in attachment titled: Reports. 12. MONITORING A. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in attachment titled: Scope of Work/Deliverables to this Agreement, and reported in the quarterly report. B. In addition to reviews of audits conducted in accordance with paragraph 10 above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that M 156 a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. 13. LIABILITY A. Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. B. Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 14. DEFAULT A. If any of the following events occur ("Events of Default'), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in paragraph 15. B. If any of the following occur, then the Division may make payments or partial payments without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (1) Any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (2) Material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (3) Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; 10 157 (4) The Recipient has failed to perform and complete on time any of its obligations under this Agreement. 15. REMEDIES A. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (1) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph 2 above; (2) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (3) Withhold or suspend payment of all or any part of a request for payment; (4) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (5) Exercise any corrective or remedial actions, to include but not be limited to: (a) Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; _ (b) Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; (c) Advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; (d) Require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; or, (e) Exercise any other rights or remedies which may be available under law. B. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. C. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. 16. TERMINATION. A. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, 11 158 failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. B. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. C. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. D. In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. 17..PROCUREMENT A. The Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable state laws and regulations. B. The Recipient shall maintain records sufficient to detail the history of any procurement. These records will include, but are not necessarily limited to the following: (1) Rationale for the method of procurement; (2) Selection of contract type; (3) Contractor selection or rejection; and, (4) The basis for the contract price. C. The Recipient shall maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. In order to demonstrate compliance with this requirement, the Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. D. If the Recipient chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Recipient within three (3) business days. While the Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Recipient remains 12 159 bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the three (3) business day window outlined above. If the Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 16 above; and, solicitation. (2) Refuse to reimburse the Recipient for any costs associated with that E. If the Recipient chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Recipient within three (3) business days. The Division will review the unexecuted contract for compliance with all applicable procurement standards. The Division will not substitute its judgment for that of the Recipient. While the Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the three (3) business day window outlined above. If the Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 17 above; and, subcontract. (2) Refuse to reimburse the Recipient for any costs associated with that F. The Recipient agrees to include in any subcontract the following: (1) The subcontractor is bound by the terms of this Agreement; regulations; and, (2) The subcontractor is bound by all applicable state and federal laws and (3) The subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. 13 160 G. The Recipient shall maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. H. The Recipient shall conduct any procurement under this agreement in a manner providing full and open competition. Accordingly, the Recipient shall not: (1) Place unreasonable requirements on firms in order for them to qualify to do business; (2) Require unnecessary experience or excessive bonding; (3) Use noncompetitive pricing practices between firms or between affiliated companies; (4) Execute noncompetitive contracts to consultants that are on retainer contracts; (5) Authorize, condone, or ignore organizational conflicts of interest; (6) Specify only a brand name product without allowing vendors to offer an equivalent; (7) Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; (8) Engage in any arbitrary action during the procurement process; or, (9) Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. I. The Recipient shall not use a geographic preference when procuring commodities or services under this Agreement. J. The Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with section 287.057(1)(a), Florida Statutes. K. The Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with section 287.057(1)(b), Florida Statutes. L. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. 18. ATTACHMENTS A. All attachments to this Agreement are incorporated as if set out fully. B. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. 14 161 C. This Agreement has the following attachments: (1) Exhibit 1 - Funding Sources (2) Attachment A — Program Budget (3) Attachment B — Scope of Work / Deliverables (4) Attachment C — Allowable Cost and Eligible Activities (5) Attachment D — Reports (6) Attachment E — Program Statutes, Regulations and Program Requirements (7) Attachment F — Justification of Advance Payment (8) Attachment G — Warranties and Representations (9) Attachment H — Certification Regarding Debarment (10)Attachment I — Reporting Forms 19. PAYMENTS A. Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statues. All advances are required to be held in an interest-bearing account and any interest earned is excess funds and must be returned to the State or applied against what is -owed. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as attachment titled: Justification of Advance Payment. Attachment titled: Justification of Advance Payment will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. B. Invoices shall be submitted quarterly and shall include the supporting documentation for all costs of the project or services as well as compliance with the deliverables. The final invoice shall be submitted within forty-five (45) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Recipient's quarterly reporting as referenced in paragraph 6 of this Agreement. C. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under paragraph 8 of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division, 15 162 All payments relating to the Agreement shall be mailed to the following address: Attn: Finance Dept. Indian River County 1801 271h Street Vero Beach, FL 32960 20. REPAYMENTS A. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 B. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. 21. MANDATED CONDITIONS A. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. B. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. C. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. 16 163 D. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. E. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list 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 a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. F. Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; (2) Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 21 F(3) of this certification; and (4) Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. G. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. H. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed attachment titled: "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. I. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 17 164 J. The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Recipient created or received under this Agreement. K. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. L. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. M. All expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. 22. LOBBYING PROHIBITION A. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." B. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 23. COPYRIGHT, PATENT AND TRADEMARK A. EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. B. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. C. If any discovery or invention is developed in the course of or as a result of work or - services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable 18 165 material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. D. Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. E. If the Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. 24. LEGAL AUTHORIZATION The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. 19 166 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: INDIAN RIVER COUNTY By: Name and title: Bob Solari, Chairman Date: October 11, 2016 FID# 59-6000674 STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT By: Name and Title: Jonathan Lord, Deputy Director Date: 20 APPROVED County/Adnjinistrator Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED ATO FORM FCAN L AZS- WILLIAM BY TDEUTY COUNTY 167 EXHIBIT —1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State project provide the same information shown below for each State project and show total state financial assistance awarded that is subiect to Section 215.97, Florida Statutes. State Project - State awarding agency: Division of Emergency Management Catalog of State Financial Assistance title: Emergency Management Programs Catalog of State Financial Assistance number: 31.063 $115,806.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 252.373, Florida Statutes and Rule Chapter 27P-19, Florida Administrative Code. Eligible activities for these funds are limited to salaries and expenses relating to maintaining and enhancing county emergency management plans and programs. Eligible recipients for these funds are limited to the 67 Florida counties. NOTE: 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 21 168 Attachment A Program Budget • Funding from the Emergency Management Preparedness and Assistance Trust Fund is intended for use by the Recipient to perform eligible activities as identified in this agreement and programs that are consistent with State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). • Below is a general budget which outlines eligible categories and their allocation. • The transfer of funds between the categories listed in the Program Budget is permitted. If funds need to be moved in categories, send a revised Program Budget to your grant manager. Amou `` Gra Re pient Agency Category Allocated Organizational Expenditures $105,806.00 FY 2016-2017 Emergency Management Preparedness and Assistance Grant INDIAN RIVER COUNTY = Total Award =.., Planning Expenditures Training Expenditures Exercise Expenditures Equipment Expenditures Management and Administration Expenditures (no greater than 5% T, tors, B The Emergency Management Accreditation Program (EMAP) will assess the County for compliance of the 64 Emergency Management Standards. EMAP Accreditation $10,000.00 otal Agreement Amount i $115,806.00 } 169 Attachment B Scope of Work / Deliverables Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is provided to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). EMPA Base Grant costs are divided into the following categories: organizational, planning, training, exercise, equipment, and management and administration. Eligible activities are outlined in Allowable Costs and Eligible Activities. This Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. The intent of the EMPA Base Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. Each Emergency Management staff person must work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within their jurisdiction. By signing this Agreement, the Recipient certifies that it will use the award to enhance its Emergency Management Program. Monitoring: Monitoring may be accomplished through either a desk -based review or on-site monitoring visits, or both. Monitoring will involve the review and analysis of the financial, programmatic, performance, compliance and administrative processes, policies, activities, and other attributes of each county and will identify areas where technical assistance, corrective actions and other support may be needed. Desk monitoring is the review of projects, financial activity and technical assistance between the Division and the applicant via e-mail and telephone. On -Site Monitoring are actual visits -to the recipient agencies by a Division representative who examines records, procedures and equipment. The Division may request additional monitoring/information if the activity, or lack thereof, generates questions from the region, the sponsoring agency or Division leadership. The method of gathering this information will be determined on a case-by-case basis. Procurement: All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in Chapter 287, Florida Statues and any local procurement policy (whichever is most stringent). Piggy -backing: The practice of one agency using the procurement/agreement of another agency is called piggybacking. The existing contract must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of the new contract, including the scope of work, must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in the scope of volume of goods 23 170 or services. An agency may not use the preexisting contract merely as a "basis to begin negotiations" for a broader or materially different contract. Only piggy -back agreements that meet all requirements as outline in the Recipient shall be allowable. At a minimum the County is to successfully complete the following tasks throughout the contract period to ensure compliance and coordination with the state emergency management. Quarterly Tasks (Form 1B) will need to be provided each quarter to show completion or working towards the completion of each task. Items will also be reviewed during the mid -year and end -of year progress report prepared in conjunction with the Division's Regional Coordinator to validate compliance. All back-up documentation listed below shall be uploaded to the Division's Sharepoint portal, https:Hportal.floridadisaster orq Task(s): 1. 24-7 Operations and Statewide Mutual Aid. The minimum acceptable standard for payment is to maintain a 24-7 operation. The County Emergency Operation Center must be able to operate within the minimum acceptable standard to maintain a 24-7 operation, 7 days a week. Monthly acknowledgement during the State Watch Office's monthly communication test from either NAWAS, EMNet Voice Manager, EMnet Message Manager, or via landline phone if the aforementioned systems are reported to the SWO as inoperable. Additionally, Recipients are required to participate in the Statewide Mutual Aid agreement (27P-19.006). 2. All Emergency Management personnel. Each quarter must provide Quarterly Tasks (Form 1 B) to show you are able to maintain a minimum level of capability. Submit current EMAP accreditation certification OR for each emergency management position, provide certificates for the following training via SharePoint and/or SERT TRAC: • IS 100 — Introduction to Incident Command System • IS 200 — ICS for Single Resources and Initial Action Incidents • IS 700 — National Incident Management Systems (NIMS) • IS 800 — National Response Framework 3. Local Budget Match - At a minimum in order to ensure compliance with Rule 27P-19.011, the Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county general revenue funding of the Recipient's Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last fiscal year, whichever figure is lower (Rule 27P-19.011, Florida Administrative Code). Recipient's general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not be included in determining the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with Rule Chapter 27P-19, Florida Administrative by its execution of this Agreement, and as a condition precedent to receipt of funding. The Local Budget Match Requirement Form shall be completed and sent when the Local County Budget is approved or no later than November 15, 2016. The County shall provide a copy of the current Emergency Management Local Budget (General Revenue) with the form. If the County's current budget is lower than the previous year, or the average of the last three years, the county is required to request a Waiver no later than 45 days after the county budget is approved. 24 171 4. Coordination and Collaboration - Utilizing the elements below, county emergency management agencies will have an ongoing process that provides for coordinated and collaborated input in the preparation, implementation, evaluation and revision of emergency management programs. A) Need to attend at least three events below and provide an agenda or a copy of the certificate to show participation during this contract period (July 1, 2016 — June 30, 2017): • Quarterly Regional Coordination Meetings — submittal of agenda is NOT required • Current Issues in Emergency Management (CIEM) — submittal of certification is NOT required • Florida Governor's Hurricane Conference or National Hurricane Conference • Florida Emergency Preparedness Association Annual Meeting • Florida Emergency Preparedness Association Mid -Year Work Session • Local Mitigation Strategy (LMS) Workshops • Professional Development Conferences & Training B) Designate a local emergency management stakeholder advisory committee that meets at least annually to provide input program preparation, implementation, evaluation and revision. Agenda(s) and sign -in sheet(s) should be uploaded to the Division's SharePoint portal, https:Hportal.floddadisaster org during this contract period (July 1, 2016 — June 30, 2017). C) County must develop and maintain a multi-year strategic plan in coordination with their local emergency management stakeholder advisory committee. Plans must be uploaded to the Division's SharePoint portal, https:Hportal.floridadisaster.M during this contract period (July 1, 2016 — June 30, 2017). 5. Exercise - To ensure that each county emergency management agency maintains a comprehensive, all hazards training and exercise program to evaluate and test all aspects of the local emergency management system including activation of the county EOC, during this contract period (July 1, 2016 — June 30, 2017), the county must: A) Participate in the annual Statewide Hurricane Exercise: Within 90 days of completion submit an After Action Report (AAR) to include an Improvement Plan and roster of participant and participate in at least one (1) conference call. This documentation must be distributed to the local stakeholders and uploaded to the Division's SharePoint portal, https:Hportal.floridadisaster.or_q; and B) For all exercises not conducted by the State: Within 90 days of completion submit an After Action Report (AAR) to include an Improvement Plan and roster of participants. This documentation must be distributed to the local stakeholders and uploaded to the Division's SharePoint portal, https://Portal.floridadisaster.org. 6. Geographical Information - Emergency services data must be developed, maintained, and updated in cooperation between counties and the Division. A data export will be created for each county and uploaded to the Division's SharePoint portal, https://portal.floridadisaster.org. Updates and corrections must be provided to the Division's GeoSpatial Information Systems (GIS) section on or before April 15, 2017. This must include: A) Location and attribute information of all fire rescue, law enforcement, public safety and emergency service stations must be reviewed and updated as needed. B) Location and attribute information of other critical facilities as deemed necessary by the county Emergency Manager. 25 172 Attribute information for spatial data requested must include: facility name, facility type, physical address, and USNG coordinates OR Latitude/Longitude in decimal degrees (only one or the other is required). NOTES: • Instead of reviewing the spreadsheet, an export from a county GIS department may be submitted. Zipped shapefiles or geodatabases may be extracted from a county GIS system and uploaded to the SharePoint portal. • If a county maintains a GIS data download website, that URL may simply be provided. • If counties have no changes since the last agreement period a statement of "no change" must be submitted via the SharePoint portal. • Critical facility inventory spreadsheets provided will contain more facility types than are required to be reviewed. Logistics - The County must maintain a comprehensive Logistics Management program that continually improves their capacity and capability to meet local emergency management needs and involves pre -disaster, systematic identification of total resource requirements, asset_availabilities and shortfalls that will require outside assistance, for non -catastrophic, recurring events. From this analysis the county must identify local resources (business, NGO, local municipalities) that address emergency needs, and develop local agreements and contracts for goods and services to the extent possible. The following must be uploaded to the Division's SharePoint portal, https://Portal.floridadisaster.ora, no later than June 1, 2017. A) An updated County Logistics strategy/plan that is consistent with recommended guidance found in the County Logistics and Points of Distribution (POD) Standard Operating Guide (SOG) (CEMP 2355 of 2006). B) The strategy/plan must also include, but is not limited to the following: • County Logistics Section organization and partners • Mission Management Process of identifying necessary resources (people/teams, locations/facilities, equipment and commodities; and how the county accesses and dispatches those resources (Contracts, MOU's, Mutual Aid, State Assistance, Federal Assistance) - • County Government Emergency Fuel Strategy • How the County coordinates with private business and industry in meeting emergency community resource needs • List of local vendors, with which the County has a Memorandum of Agreements or contracts that will provide resources in an emergency (Can be an Annex to the Plan and need only be updated every three years) • Location, survey forms and attributes information for County Logistical Staging Areas (Can be an Annex to the Plan and need only be updated every three years) • Location and attribute information for County Points of Distribution (POD) sites and Comfort Stations (Can be an Annex to the Plan and need only be updated every three years) Shelter Survey and Retrofit Program - In accordance with Florida's statewide hurricane shelter space deficit elimination program, the following must be uploaded to the Division's SharePoint portal, https:Hportal.floridadisaster.org no later than May 1, 2017. All information must be verified by the county. A) Identify potential hurricane shelter retrofit projects or report that there are no new identified projects. (This information is used to compile the Shelter Retrofit Report.) 26 173 B) Report all hurricane shelter retrofit projects that are undertaken, regardless of funding source(s) or report that there are no projects. C) Develop and submit a strategy to ensure that by June 1, 2017, all designated Special Needs Shelters (SpNS) have a standby power system or capability with adequate capacity to support life -safety systems, essential lighting and outlet receptacles, air-conditioning, and necessary medical equipment. For those designated SpNS facilities without a permanently equipped standby electric generating capacity, a locally sourced and acquired temporary electric generator with adequate capacity to support the standby power system requirements must be provided. D) Develop and submit a strategy to ensure that by June 1, 2017, there is adequate designated SpNS client space capacity to meet the anticipated five-year demands as determined by the 2016 Statewide Emergency Shelter Plan (January 31, 2016). All designated SpNS facilities must at a minimum meet the hurricane safety criteria established in the American Red Cross Standards for Hurricane Evacuation Shelter Selection (ARC 4496) and be equipped with an adequate standby electric power system or capability as described in item S.C. above. E) Update and submit a hurricane shelter deficit reduction progress reports, which include "as -is", retrofit and Enhanced Hurricane Protection Areas (EHPA) construction. (This information is used to compile the Shelter Retrofit Report.) F) Provide a brief report on results of the year's coordination with school boards, community colleges and universities (as applicable) for implementation of the statutory and code required Public Shelter Design Criteria (a.k.a. EHPA). The most recent published Statewide Emergency Shelter Plan can provide guidance for implementation of the EHPA criteria. A checklist to provide this information will be made available on the Division's SharePoint Portal. 9. EMAP — Emergency Management Accreditation Program Assessors from the Emergency Management Accreditation Program assessed Indian River County Emergency Management program and found it compliant of all 64 standards of the Emergency Management Standard. The assessment standards include such categories as Program Management, Laws and Authorities, Prevention and Security, Facilities, Crisis Communications, Public Education, Operations and Procedures, Training, Exercises and Evaluations and Corrective Action. The EMAP accreditation procedure is a voluntary national process for local, state, private and non-profit emergency management programs. The programs are accredited for a term of five years and must report ongoing compliance to all national standards annually. EMAP encompasses all aspects of emergency management and is certified by the American National Standards Institute (ANSI). It was developed by emergency management professionals to have a measurable evaluation system, nationally recognized standards, comprehensive programmatic framework and self -and peer -review. County is to provide the following to receive $10,000.00 for receiving EMAP accreditation: • Invoice for $10,000.00 on County Letterhead to process payment • County Annual Report • Confirmation of Receipt Memo from EMAP 27 174 Deliverable Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient on a quarterly basis for the documented allowable costs incurred during the successful completion of the task(s) required to be performed in that quarter. Additionally, the submission of the certified Quarterly Tasks form is required. Financial Consequence Failure to successfully complete each of the required tasks, as outlined in the identified quarter(s), will result in a reduction of the Agreement amount by 10% per quarter. 28 IN -i Attachment C Allowable Cost and Eligible Activities I. Categories and Eligible Costs FY2016-2017 allowable costs are divided into the following categories: organizational, planning, training, exercise, equipment, and management and administration. Eligible cost are those direct costs in the following categories. A. Organization EMPA Program funds may be used for all emergency management operations, staffing, and other day -today activities in support of emergency management. Personnel costs, including salary, overtime, compensatory time off, and associated fringe benefits, are allowable costs with EMPA program funds. The quarterly minimum acceptable standard is to have the qualified staffing level for the county based upon Rules 27P-11.004 and 27P-11.0061 (definition below). Each Emergency Management staff person must be available to work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within the jurisdiction on a 24 hour basis. Personnel costs 27P-11.004, 27P-11.0061 (1) Counties with populations of 75,000 or more must have a full time emergency management director. Counties with populations of less than 75,000 or party to an interjurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., that is recognized by the Governor by executive order or rule, are encouraged to have a full time director, but, must, as a minimum, have an emergency management coordinator who works at least 20 hours a week in that capacity. "Full-time Emergency Management Director" means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction. (2) The county must have an emergency management program which has been approved by the Division of Emergency Management. Program approval will require: compliance with appropriate federal and state laws, rules and regulations; satisfactory completion of work elements of the previous year; and, a current proposal containing work elements commensurate with the needs of that county and a proposed budget. Mandatory Training Requirements for Emergency Management employees All Emergency Management personnel shall complete the following training requirements and record proof of completion: NIMS Training, Independent Study (IS) 100, IS 200, IS 700, and IS 800. The Quarterly Tasks from is due every quarter with your quarterly financial report. This is to identify all employees, the completion of the required training (or working towards completion) during the agreement period. Eligible "Organization" items include, but are not limited to: • Salary and Benefits • Expenses • Utility (electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite) • Internet Service • Maintenance Agreements for equipment or services (reimbursement can only be claimed for services within the Agreement period) 29 176 • General Office Supplies • Dues and Conference Travel as it relates to the Scope of Work • Software and upgrades • Publications and Training Materials • Postage • Apparel for identification of Emergency Management Staff in the field • Fuel for Emergency Management vehicles • Food/Beverages for activations (must have Governor's Executive Order or a declared Local State of Emergency or prior approval from DEM/DFS) • Travel to/from meetings and conferences related to emergency management • Travel to training and/or exercises related to emergency management • Other Personal/Contractual Services • Reimbursement for services by a person(s) who is not a regular or full time employee filling established positions. This includes but is not limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. • Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes should also be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division for review. B. Planning Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans should have prior review and approval from the respective DEM program area. Funds may not be reimbursed for any plans that are not approved. Program funds may be used to develop or enhance emergency management planning activities. Some examples include: • Emergency Management/Operation Plans • Communications Plans • Continuity/Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Evacuation planning • Recovery Planning • Credentialing and Validation C. Training Program funds may be used for a range of emergency management -related training activities to enhance the capabilities of local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current, Multi -Year TEP developed through an annual TEPW. Further guidance concerning the TEP and the TEPW can be found at http://www.fema.gov/exercise. Training should foster the development of a community oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. Allowable training -related costs include the following: • Funds Used to Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of 30 177 materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Multi-year TEP and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analysis Design Development and Implementation Evaluation (ADDIE) model for instruction design. Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. D. Exercises Allowable exercise -related costs include: • Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part -Time Staff or Con tractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. 31 178 Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). Implementation of HSEEP. This refers to costs related to developing and maintaining an exercise program consistent with HSEEP. Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. Unauthorized exercise -related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage. • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs) • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct E. Equipment Eligible items include but not limited to: • Computers, printers, copiers and fax machines • Radios, satellite telephones and other communications equipment • Furniture for Emergency Management Offices and Emergency Management Operations Center • Shelving for storage of Emergency Management equipment • Vehicles for Emergency Management Program (prior approval required) • Repairs to the County Emergency Management Operations Center • Out buildings for storage of Emergency Management Equipment • Security Improvements (i.e. Cameras and equipment to operate) • Generators Recipients will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. F. Management and Administration (M&A) M&A activities are those defined as directly relating to the management and administration of EMPA Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Indirect Costs Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. It. Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes must be submitted for pre -approval. If Recipient chooses to contract any work, the services must be approved by the Division prior to execution of contract. Contractual agreements should include language that clearly establishes tasks in the scope of work, have quantifiable units of deliverables, have minimum level of service and financial consequences. Services should have prior 32 179 review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not preapproved by the Division. III. Maintenance and Service Agreements: Timeframes for Maintenance and Service contracts are at the discretion of the county. However, reimbursement can only be claimed for services provided within the current Agreement period. These contracts cannot be rolled over from year to year. The procurement process must be repeated once the contract period ends and all renewals have been exhausted. IV. Construction and Renovation Construction and renovation projects are allowable under the EMPA Program. Written approval must be provided by the State prior to the use of any program funds for construction or renovation. V. Eligibility Requirements: Rule 27P-19.004, Florida Administrative Code (F.A.C.) requires Counties to certify their commitment to employ and maintain either a Full-time Director or Part-time Coordinator. 33 180 Attachment D Reports Recipient must provide the Division with quarterly financial reports, mid -year and end -of -year summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out report. Reporting Forms are located in attachment titled: Reporting Forms and can be found on the Division internet site. A. Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of the program year; and must continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. The Recipient must provide the Division with full support documentation for the quarterly financial reports. To eliminate large files and mailings, the Division will accept back up documentation on a CD if desired by the county. Salaries: Includes, but is not limited to, a copy of the payroll register. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay (highlight, underline or circle expenses being claimed). Counties can also provide a spreadsheet showing the breakdown, an extract from their payroll system or payroll summary sheet (optional). Timesheets (if applicable), if an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Proof of payment with canceled checks or check/payroll registers as backup for both State and Federal Agreements with the Division if canceled checks are not available. Fringe benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. OPS/Contractual Services: Includes, but is not limited to copies of contracts, MOUs or agreements with consultants or sub -contractors providing services, payroll registers, timesheets and copies of checks/proof of payment for temporary employees, student or graduate assistants, fellowships, part-time academic employment, etc. Invoice detailing services performed and a copy of proof of payment (i.e., canceled checks, general ledger showing deducted expenditure, etc.) Expenses: Must include a copy of the invoice/receipt and proof of payment in the form of a canceled check or ledger showing amount deducted from county fund. o If training/exercise is provided by contractor, an agenda, training materials, exercise materials and copies of sign -in rosters of attendees should be included. If planning is provided then will need copies of planning materials and work products (i.e., meeting documents, copies of completed plans, etc.) o For travel and conference activities, copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference. If conference, 34 181 a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. If the County chooses to use their local travel for reimbursement, then the approved local policy MUST be included with every quarter reimbursement that they are requesting travel. • OCO: Includes but is not limited to a copy of the vendor invoice/receipt and proof of payment in the form of a check or ledger showing payment deduction. • FCO: Includes but is not limited to a copy of the vendor invoice/receipt and proof of payment in the form of a check or ledger showing payment deduction. • If cancelled checks are NOT available, copies of the general ledger MUST be provided. B. The Quarterly Tasks form is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed (or working towards completion) during the agreement period. C. In order to ensure compliance with Rule 27P-19.011, the Local Budget Match Requirement Form shall be completed and sent when the Local County Budget is approved or no later than November 15, 2016. The County shall provide a copy of the current Emergency Management Local Budget (General Revenue) with the form. If the County's current budget is lower than the previous year, or the average of the last three years, the county is required to request a Waiver no later than 45 days after the county budget is approved. D. In a format provided by the Division, a proposed staffing summary must be submitted by November 15, 2016. Also, each funded county emergency management position description must be submitted to the Division no later than November 15, 2016. E. Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the Division's Regional Coordinator and submitted to the grant manager. F. The final close-out report is due forty-five (45) days after termination of this Agreement. Any requests received after August 15, 2017, at the discretion of the Division, may not be reimbursed from this Agreement. - 35 182 Attachment E Program Statutes, Regulations and Program Requirements Program Statutes 1. Chapter 252, Florida Statutes 2. Rule Chapters 27P-6, 27P-11, 2713-19 and 27P-20, Florida Administrative Code 3. 48 CFR, Part 31 Program Requirements (1) EQUIPMENT AND PROPERTY MANAGEMENT The Division will cover the monthly cost of the satellite service provided to the counties (this includes one (1) license per county). The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: (a) Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external damage to the equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication equipment not provided to the Recipient by the Division under this Agreement, or from any cause other than intended and ordinary use. (b) Changes, modifications, or alterations in or to the equipment other than approved upgrades and configuration changes. (c) Deinstallation, relocation, or removal of the equipment or any accessories, attachments or other devices. The Recipient shall be independently responsible for any and all charges not part of the initial service order. (2) NAWAS The Florida National Warning System (NAWAS) is a U.S. Department of Homeland Security product that shall be monitored 24 hours a day/365 days a year. The U. S. Department of Homeland Security supplies the line and one handset to the recipient at no cost. Additional equipment, connections and handsets are the responsibility of the Recipient. (3) VEHICLES Written approval from the Director of the Division must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Division has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income and must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMPA) Base Grant expenditures. (4) PROPERTY MANAGEMENT/PROCUREMENT (a) The recipient shall comply with applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. 01 183 (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-102 - Common Rule. (c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose for which it was intended. (d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federal policies and procedures. (5) CERTIFICATIONS (a) By its execution of this Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code, Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities. (b) The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient further certifies that EMPA funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other services outside the emergency management responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management Plan (CEMP). (c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement (SMAA). (d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time Director consistent with Rule 27P-19.002(6), Florida Administrative Code. (6) OTHER CONDITIONS (a) As a further condition of receiving funding under this Agreement, following full or partial County Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty- five (45) days following the conclusion of the activation, evaluate the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Division. (b) Funds may not be used for items such as door prizes and gifts. Flyers and educational information to educate the public about the Emergency Management Program is allowable. (c) Food and beverages may be purchased for Emergency Management personnel and other personnel only if the Recipient's Emergency Operation Center or field command office is in an activated status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be made only under (1) An Executive Order issued by the Governor, (2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat or (3) the Division may consider additional request. The request would need prior approval from Department of Financial Services and the Division. For more information, ask your grant manager. (d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, and emergencies or otherwise govern the activation of the local emergency management program provided in s.252.38, Florida Statutes. 37 184 Attachment F JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20-20_ Anticipated Expenditures for First Three Months of (list applicable line items) Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 38 185 Attachment G Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of Conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or. her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of 39 186 conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours 27P-19.010 (9) The Division shall be permitted to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed to be normal business hours on Monday through Friday. Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 40 Date 187 Attachment H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Name and Title Street Address City, State, Zip Date Recipient's Name DEM Contract Number Project Number 41 188 Attachment I Reporting Forms DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - BASE GRANT Quarterly Financial Report (Form 1): I. These reports must be completed in full on a quarterly basis and be submitted no later than 30 days after the end of each quarter. QUARTERLY FINANCIAL REPORTS MUST BE SUBMITTED ON A QUARTERLY BASIS EVEN IF YOU ARE NOT CLAIMING ANY EXPENDITURES. Quarterly Financial Report (Form 1A), Quarterly Tasks (Form 1B) and Detail of Claims (Form 2 and 3): 1. These forms are to be submitted quarterly. 2. Complete Quarterly Financial Report (Form 1A) by entering all information needed for reimbursement. 3. Complete Quarterly Tasks (Form 1 B). This form has quarterly information for EMPA and EMPG agreements. This is to track tasks that are completed for the agreement period and quarters. 4. The Detail of Claims form must accompany the Quarterly Reports. 5. The Quarterly Financial Report form must be signed by the contract manager or someone with equal authority. 6. Claims are to be submitted to the following address: DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Attn: (Contract Manager's name) Local Budget Match Requirement - (Form 3): 1. The Budget Form is to show how the EMPA Base Grants will be matched at an amount either equal to the average of the previous three years' level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year, whichever figure is lower. 2. This form is to be completed and sent when the Local County Budget is approved or no later than November 15, 2016. Required with this form the county needs to provide a copy of the current Emergency Management Local Budget (General Revenue). If the County's current budget is lower than the last year or the average of the last three previous year the county is required to request a Waiver no later than 45 days after the county budget is approved. 3. This is to ensure compliance with Rule 27P-19.011, Match Requirements, Florida Administrative Code. Staffing Detail - (Form 4): 1. List ALL Emergency Management Agency staff, regardless of funding. Provide a total anticipated annual amount of Salaries and Benefits to be paid for each position. Provide the funding distribution (%) in each applicable column: local, state. federal, etc. This form is due November 15, 2016. 2. Along with the staffing detail provide position descriptions for any EMPA and EMPG funded staff. Close Out Report - (Form 5): 1. Close Out Reports are due forty-five (45) days after the contract end date. 2. The agreement cannot be considered closed until the Close Out Report has been received. Documentation of project expenditures: 1. Recipients must maintain documentation of expenditures for a minimum period of five years following the close of project/program operations unless audits require a longer period of time. 2. Recipients should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by the Recipient during the grant period. Documentation of expenditures against the program will be reviewed and verified upon receipt by DEM staff. Acceptable documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled checks, payroll vouchers, journal transfers, etc. These documents should be submitted when requesting reimbursement. 3. In order to document hours worked on the program by permanent or temporary staff, the Recipient may use its own time and attendance forms. A Staffing Detail Worksheet is also required to identify positions being funded by the agreement. 4. All claims for reimbursement of expenditures must be submitted on the approved DEM Quarterly -Financial Reporting forms. Claims not submitted on the proper form cannot be processed and will be returned for corrections 189 EXPENDITURE CATEGORY DEFINITIONS 1. SALARY AND BENEFITS: The cash compensation for services rendered by a regular employee in an established position for a specific period of time. 2. OTHLR PERSONA UCONTRACTUAL SERVICES (OPS): The compensation for services by a person who is not a regular or full-time employee filling an established position. This shall include but not be limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services specifically budgeted by each agency in this category. 3. EXPENSES: The usual, ordinary, and incidental expenditures by an agency, including, but not limited to, commodities and supplies of a consumable nature, current obligations, and fixed charges, and excluding expenditures classified as operating capital outlay. Payments to other funds or local, state, or federal agencies are included in this budget classification of expenditures. 4. OPERATING CAPITAL OUTLAY: Equipment, fixtures and other tangible personal property of a non -consumable nature and has a normal expected life of one year or more. 5. FIXED CAPITAL OUTLAY: Real property (land, buildings including appurtenances, fixtures and fixed equipment, structures, etc.), including additions, replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its functional use, and including operating capital outlay necessary to furnish and operate a new or improved facility. IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALLY, PLEASE FIND THEM ON OUR WEBSITE AT http://www.floridadisaster.org/grants/index.htm OR NOTIFY YOUR CONTRACT MANAGER 190 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA BASE GRANT QUARTERLY FINANCIAL REPORT Form 1A Recipient: County Name Address: Point of Contact: Telephone #: AGREEMENT# Claim # (Select the quarter of submission) QUARTERLY REPORTING DUE DATES THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED QUARTERLY CUM. FUNDS REMAINING CUMULATIVE TOTAL ALLOCATED CURRENT CLAIM EXPENDED BALANCE 1. Organizational Costs 2. Planning Costs 3. Training Costs 4. Exercise Costs 5. Equipment Costs 6. Management and Administration Costs (limited to 5% of the total award) EMAP if applicable) TOTAL TOTAL AMOUNT TO BE PAID ON THIS INVOICE $0.00 I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement. Signed Recipient Contract Manager or Financial Officer Date QUARTERLY STATUS REPORT This information below is required EACH QUARTER. This information MUST be clearly linked to the project TIMELINE, DELIVERABLES AND SCOPE OF WORK. Report event, progress, delays, etc., that pertain to this project (i.e., incidents, activities, meetings, reporting training and /or exercises) _ (Attach additional page(s) if needed.) 1. THIS SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT otal EMPA (State) Amount Prior Payments This Pavment Funds 191 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT BASE GRANTS COUNTY Quarterly Tasks FORM 16 FY 2016-2017 Personnel Name & Position Title NEI MEN ME INN ■■■■■■■MEN ■■■■■■i■■■■■■■■ I■■■■■■■■■■■■■■■■■■I■ ENE ■■■■ I■■■■■■■ MEN ■■■■■■■■I■■■■■■■■ ■■■ENE ■NONE ■■■■MCMI■■■E■■■■ I■■■■■■■■■■■■■■■ MEN I■MEN ■■■■ INN ■■■■■ ENE ■■■■■MEN i■MEN ■■■■ INN ■■■■■ MEN ■■■■■ OMNI ■MEN ■■■■ !■■■ NNE ■NNE ■■■■■ ENE 1■■■■■■■■ I■■■■■■■■■■■■■■■■■■I■■■■■■■■ I■■■■■■■■■■■■■■■■■■I■■■■■■■■ IEEEEEEEE■■■■■■■■■EINE■MEMO■ EMPA 24-7 Operational and Mutual Aid Participation all rts Local Bud el Match due by 2nd grit Coordin/17ation and Collaboration attend at least 3 events (3 per 711/16- 6l30 Local EM Stakeholder Advisory Committee 1 per 7/1116-6/30/17 Develop & Maintain Multi -Year Stra is Plan 1 per 7/1/16-6/30/17 Statewide Hurricane Exercise 41h rt Exercises not conducted by the state 7/1/16-6/30/17 GIS due by 41h grit Logistics due by 4th rt - annex update every 3 ears Shelter Survey & Retrofit Program due by 4th rt If applicable, EMAP 7/1/16-6/30/17 EMPG Proposed Match Plan due by 1st rt EMPG funded positions only Exercises 3 per 711/16-6/30/17 NIMS due by 2nd rt Regional TEP 1 per 7/1/16-6/30/17 MYTEP due by 4th grtj I hereby certify that the above is true and valid in accordance with this Agreement. OEM Name and Title: Date: ORT4 $0.00 192 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE PROGRAM - EMPA BASE GRANT 2.-5. DETAIL OF CLAIMS Form 2 CATEGORYlt (Please use one form per category. Pick from the below 1-6) 1. Organizational Expenditures 2. Planning Expenditures 3. Training Expenditures 4. Exercise Expenditures 5. Equipment Expenditures 6. Management and Administration Expenditures (limited to 5% of the total award) County: Costs Incurred During the Period of: to Claim Number: 193 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE PROGRAM - EMPA BASE GRANT DETAIL OF CLAIMS Form 2 (if applicable) ORGANIZATIONAL I SALARIES AND BENEFITS COSTS SALARY DEFINITION: The cash compensation for services rendered by a regular employee in an established position for a specific period of time. County Costs Incurred During the Period of: to Claim Number: 194 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA BASE GRANT LOCAL BUDGET MATCH REQUIREMENT Form 3 This form is to be completed and sent when the Local County Budget is approved or no later than November 15, 2016. Required with this form the county needs to provide a copy of the current Emergency Management Local Budget (General Revenue). If the County's current budget is lower than the last year or the avaerage of the last three previous year the county is required to request a Waiver no later than 45 days after the county budget is approved. 27P-19.011 Match Requirements. (1) Base Grants shall be matched at an amount either equal to the average of the Previous three years' level of county General revenue funding of the County Emergency Management Agency or the level of funding for the County EmememV Management Agency for the last fiscal year whichever figure is lower. County general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, Public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency by Section 252.38, F.S., shall not be included in determining the "level of county funding of the County Emergency Management Agency.' Each county shall certify compliance with this rule chapter and this rule, as a condition precedent to receipt of funding. (2) If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P-19.011(1), F.A.C., then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required. The match required shall not be reduced by a percentage amount in excess of reductions in funding for county 911 services, emergency medical services, law enforcement, criminal justice, public works or other emergency management related services To be eligible for any reduction, the Base Grant recipient shall demonstrate and cenity that the reduction is due to reductions in county general revenue funding all that the amount of the requested reduction is equivalent to across the board reductions in all county budgets. County requests for reduction shall be signed by the county's chief elected officer and the certification of reduction in county budget funding shall be signed by the countys chief financial officer. Requests shall certify the intent to return 10 pre{educed funding as soon as practicable, and shall provide an estimate of the date at which the county will return to the current level of funding. Requests for reduction shall also be accompanied by financial data to the previous three years ind!catingthe level of county funding for the County Emergency Management Agency budget; budget detail regarding all individual items of the County Emergency Management Agency budget; and the proposed level of funding, for all budget items, it the reduction is authorized by the Division All requests for match reduction shall be submitted no later than forty five 1451 days after the county budget has been approved by the governing body of the iurisdiction or the opportunity to request shall be waived I hereby certify that the above match requirments have been met in accordance with this Agreement and Rule. OR The County did not meet the match requirement. Attached Is the County's Waiver request. Signed Chief Financial Officer or Budget Director Name & Title Date 195 County Reduction in County Reduction In Contribution County Budget 2016-2017 2015-2016 2014-2015 2013-2014 Average of 3 Contribution (%) Based on 3 County Budget (%) Based on 3 (%) Based on Previous Year (%) Based on County LOCAL LOCAL LOCAL LOCAL years year average year average Budget (15-16) Previous Year Budget (15.16) Comments (10/1/16-9/30/17) (1011115-9130116) (1011/14-9/30/15) (10/1/13-9/30/14) $0 #DIV/0! #DIV/01 #DIV/0! #DIV/01 This form is to be completed and sent when the Local County Budget is approved or no later than November 15, 2016. Required with this form the county needs to provide a copy of the current Emergency Management Local Budget (General Revenue). If the County's current budget is lower than the last year or the avaerage of the last three previous year the county is required to request a Waiver no later than 45 days after the county budget is approved. 27P-19.011 Match Requirements. (1) Base Grants shall be matched at an amount either equal to the average of the Previous three years' level of county General revenue funding of the County Emergency Management Agency or the level of funding for the County EmememV Management Agency for the last fiscal year whichever figure is lower. County general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, Public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency by Section 252.38, F.S., shall not be included in determining the "level of county funding of the County Emergency Management Agency.' Each county shall certify compliance with this rule chapter and this rule, as a condition precedent to receipt of funding. (2) If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P-19.011(1), F.A.C., then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required. The match required shall not be reduced by a percentage amount in excess of reductions in funding for county 911 services, emergency medical services, law enforcement, criminal justice, public works or other emergency management related services To be eligible for any reduction, the Base Grant recipient shall demonstrate and cenity that the reduction is due to reductions in county general revenue funding all that the amount of the requested reduction is equivalent to across the board reductions in all county budgets. County requests for reduction shall be signed by the county's chief elected officer and the certification of reduction in county budget funding shall be signed by the countys chief financial officer. Requests shall certify the intent to return 10 pre{educed funding as soon as practicable, and shall provide an estimate of the date at which the county will return to the current level of funding. Requests for reduction shall also be accompanied by financial data to the previous three years ind!catingthe level of county funding for the County Emergency Management Agency budget; budget detail regarding all individual items of the County Emergency Management Agency budget; and the proposed level of funding, for all budget items, it the reduction is authorized by the Division All requests for match reduction shall be submitted no later than forty five 1451 days after the county budget has been approved by the governing body of the iurisdiction or the opportunity to request shall be waived I hereby certify that the above match requirments have been met in accordance with this Agreement and Rule. OR The County did not meet the match requirement. Attached Is the County's Waiver request. Signed Chief Financial Officer or Budget Director Name & Title Date 195 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA BASE GRANT County STAFFING DETAIL Form 4 FY 2016-2017 COUNTY EMERGENCY MANAGEMENT AGENCY ANTICIPATED SALARIES & BENEFITS DIRECTIONS: 1. In column 1, list titles of ALL Emergency Management Agency staff, regardless of funding. 2. Complete column 2 for each position. 3. In column 3 list total anticipated annual amount of Salaries and Benefits to be paid for each position. 4. In columns 4-9, provide the funding distribution (%) in each applicable column for amounts in column 3. S. Column 10 is the sum of columns 4 through 9 and must equal 100%. Due November 15, 2016 196 LOCAL STATEIFEDERAL Name & Position Title 1] Approx. # of Hrs.NVeek Devoted to EM Activities (2) Annual Total Salaries & Benefits $ by Position [3) % County General Fund (Local) [4 % Other Local Funds 51 % EMPA Base Grant (State) (6) % EMPG Base Grant (Federal) [7] % Hazardous Materials Planning Grant (State) 181 % Other State or Federal Funds [9 % Total All Funds 10 DIRECTIONS: 1. In column 1, list titles of ALL Emergency Management Agency staff, regardless of funding. 2. Complete column 2 for each position. 3. In column 3 list total anticipated annual amount of Salaries and Benefits to be paid for each position. 4. In columns 4-9, provide the funding distribution (%) in each applicable column for amounts in column 3. S. Column 10 is the sum of columns 4 through 9 and must equal 100%. Due November 15, 2016 196 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA BASE GRANT CLOSE-OUT REPORT Form 5 This form should be completed and submitted to the Division no later than forty-five (45) days after the termination date of the Agreement. Recipient Address City and State Cost Categories By Category - Total Contract Expenditures Salary and Benefits Other Personal/Contractual Services Expenses Operating Capital Outlay (Equipment) Fixed Capital Outlay EMAP (if applicable) Total $0.00 Total Agreement No. Agreement Amount Agreement Period Payments Received Under this Agreement (include any advanced funds and final requested payment) Date Amount 1 2 3 4 5 6 71 $0.00 Agreement Amount Minus Total Payments (Including final requested funds — Line 7) Unspent balance Refund and/or final interest checks are due no later than ninety (90) (lays after the expiration of the Agreement. Make checks payable to: Cashier, Division of Emergency Management Mail To: Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, Attn: (contract manager) I hereby certify that the above costs are true and valid costs incurred in FOR DEM USE: Signed Signed Chief Financial Officer or Budget Director DEM Grant Manager Name & Title Name & Title Date Date 197 INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emer e cy ices FROM: Etta LoPresti, Emergency Management Coordinator Department of Emergency Services DATE: September 20, 2016 SUBJECT: Acceptance and Approval of Expenditures of Emergency Management Federally - Funded Subgrant Agreement and Expenditure Approval 17 -FG -P9-10-40-01-104 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully maintain and operate an Emergency Management Program. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. EMPG Base Grant funding is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). The Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. The State of Florida, Division of Emergency Management provides funding to Indian River County Emergency Management. The total funding allocated with this agreement (17 -FG -P9-10-40-01-104) is $77,343.00. EMPG allowable costs are divided into the following categories as referenced in the 2016-2019 Emergency Management Strategic Plan: organizational, planning, training, exercise & equipment. FUNDING: This is a 100% funded agreement and no match is required by Indian River County. The term of the agreement is from July 1, 2016 through June 30, 2017. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. 198 RECOMMENDATION: Staff recommends approval of the Federally Funded Subgrant Agreement (17 -FG -P9-10-40-01- 104), associated expenditures and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Item Amount Account Number Software Services (annual recurring costs) Phase III phased replacement — Monitors and laptop computers. $29,000.00 $4,651.00 00120825-035120-05050 00123825-066470-05050 Public Outreach $15,000.00 00123825-035290-05050 EOC Enhancements $28,692.00 00123825-035290-05050 TOTAL $77,343.00 ATTACHMENTS: I. Four (4) Original Copies of EMPG Agreement #17 -FG -P9-10-40-01-104 2. Indian River County Office of Budget and Management Grant Form APPROVED FOR AGENDA FOR: October 11,201 BY: Brown Administrator Indian River Co.v Ap Date v /3 Legal S Budget M a Dept. q •iTI�Q Risk Mgr. General Svcs. 199 GRANT NAME: EMPG Grant I AMOUNT OF GRANT: $ 77 343.00 GRANT# 17 -FG -P9-10-40-0 -104 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John King PHONE NUMBER: 772-226-3859 1. How long is the grant for?_ 1 year Starting Date:_ July 1 2016 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? N/A N/A N/A If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% Yes X No 5. Grant match amount required $ N/A 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? N/A If no, how much do you think will be needed in capital costs or startup costs? (Attach a detail listing of costs) Yes No $ N/A 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Sala and Benefits O crating Costs Ca ital N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? IN Signature of Preparer: Date:_ September 20 2016 200 Grant Other Match Costs First Year N/A N/A $ N/A N/A Second Year Third Year Fourth Year Fifth Year $ N/A N/A N/A N/A N/A $ N/A N/A N/A N/A N/A $ N/A N/A N/A N/A N/A $ N/A Signature of Preparer: Date:_ September 20 2016 200 Contract Number: 17 -FG -P9 -10-40-01-104 FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non -Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub -Recipient's name: Indian River County Sub -Recipient's unique entity identifier (DUNS): 065923088 Federal Award Identification Number (FAIN): EMA-2016-EP-00006 Federal Award Date: June 13, 2016 Subaward Period of Performance Start and End Date: July 1. 2016 — June 30 2017 Amount of Federal Funds Obligated by this Agreement: $77,343.00 Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include this Agreement: $ Total Amount of the Federal Award committed to the Sub -Recipient by the pass-through entity: $77,343.00 Federal award project description (see FFATA): The purpose of the Emergency Management Performance Grant (EMPG) Program is to provide federal funds to states to assist state local territorial and tribal governments in preparing for all hazards as authorized by Section 662 of the Post Katnna Emergency Management Reform Act (6 U.S.C. 6 762) and the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 U.S.C. 5121 et seg.). Title VI of the Stafford Act authorizes DHS/FEMA to make grants for the purpose of providing a system of emergency preparedness for the protection of life and Property in the United States from hazards and to vest responsibility for emergency preparedness iointly in the Federal Government. states and their political subdivisions The Federal Government through the EMPG Program provides necessary direction coordination, and guidance and provides necessary assistance as authorized in this title to support a comprehensive all hazards emergency preparedness system The FY 2016 EMPG will provide federal funds to assist state local, tribal and territorial emergency management agencies to obtain the resources required to support the National Preparedness_Goal s (the Goal's) associated mission areas and core capabilities The EMPG program supports the Quadrennial Homeland Security Review Mission to Strengthen National Preparedness and Resilience Name of Federal awarding agency. The Department of Homeland Name of pass-through entity: Security (DHS)Florida Division of Emergency Management Contact information for the pass-through entity: 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Catalog of Federal Domestic Assistance (CFDA) Number and Name: 97.042 Whether the award is Research & Development: No (N/A) Indirect cost rate for the Federal award: 26.21% 201 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 202 vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in attachment titled: Program Statutes and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor, verify and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests payment. b. The Division's Grant Manager for this Agreement is: C4 Teresa A. Warner 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-922-1637 Fax: 850-488-7842 Email: Teresa.warnerem myflorida com The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: John King, Director 4225 43rd Avenue Vero Beach, FL 32967 Telephone: 772-567-2154 Fax: 772-567-9323 Email: iking(c�ircgov.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 3 203 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK. The Sub -Recipient shall perform the work in accordance with the Program Budget and Scope of Work/Deliverables of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin on July 1, 2016 and shall end on June 30, 2017, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub -Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs incurred during the successful completion of required tasks outlined in attachment titled: Scope of Work/Deliverables. Allowable costs are listed in the attachment titled: Allowable Costs and Eligible Activities. d. The maximum reimbursement amount for the entirety of this Agreement is $77,343.00. However, the amount of reimbursement is limited as follows: i. Quarter 1 — no more than 70% of maximum reimbursement amount for this Agreement; ii. Quarter 2 — an amount that, when combined with the Quarter 1 reimbursement, does not exceed 80% of maximum reimbursement amount for this Agreement; 4 204 iii. Quarter 3 – an amount that, when combined with the Quarter 1 and Quarter 2 reimbursements, does not exceed 90% of maximum reimbursement amount for this Agreement. e. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." f. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against the allowable costs outlined in this agreement and required deliverables. g. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments of the Federal award." h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed (such as a collective barging agreement) due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient - employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: awards; and, i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal 5 205 iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees: i. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: i. The costs do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. j. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. k. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall have the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall have the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient R 206 which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of three (3) years from the date of submission of the final expenditure report. The following are the only exceptions to the three (3) year requirement: i. If any litigation, claim, or audit is started before the expiration of the 3 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3 -year retention requirement is not applicable to the Sub -Recipient. V. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other 7 207 forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to (he Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. 8 208 i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Program Budget and Scope of Work/Deliverables and all other applicable laws and regulations. (11)AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub -Recipient of such non- compliance. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle AuditeM.mvflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U6 209 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.00v/fac/collecVddeindex.html h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle Audit anem.myflorida com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in attachment titled: Reports. (13)MONITORING. a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in attachment titled: Scope of Work/Deliverables to this Agreement, and reported in the quarterly report. 10 210 b. In addition to reviews of audits, monitoring procedures may include, but not be limited to; on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15)DEFAULT. If any of the following events occur ("Events of Default'), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: a. If any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 11 211 b. If material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. If the Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; Agreement; b. Begin an appropriate legal or equitable action to enforce performance of this C. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. 12 212 (17)TERMINATION. a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18)PROCUREMENT a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(1), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen 13 213 (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub - Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph 17 above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: 14 214 i. Terminate this Agreement in accordance with the provisions outlined in paragraph 17 above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. f. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. g. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: business; companies; contracts; equivalent; L Place unreasonable requirements on firms in order for them to qualify to do ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated iv. Execute noncompetitive contracts to consultants that are on retainer V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. 15 215 j. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. k. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (19)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A — Program Budget iii. Attachment B — Scope of Work / Deliverables iv. Attachment C — Allowable Cost and Eligible Activities V. Attachment D — Reports vi. Attachment E — Program Statutes and Regulations vii. Attachment F — Justification of Advance Payment viii. Attachment G — Warranties and Representations ix. Attachment H — Certification Regarding Debarment X. Attachment I — Statement of Assurances A. Attachment J — Mandatory Contract Provisions xii. Attachment K — Reporting Forms (20)PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statues. All advances are required to be held in an interest- bearing account and any interest earned is excess funds and must be returned to the State or applied against what is owed. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as attachment titled: Justification of Advance Payment. Attachment titled: Justification of Advance Payment will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these 16 216 funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted quarterly and shall include the supporting documentation for all costs of the project or services as well as compliance with the deliverables. The final Invoice shall be submitted within forty-five (45 days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub -Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty days of receiving notice from the Division. All payments relating to the Agreement shall be mailed to the following address: Attn: Finance Dept. Indian River County 1801 271h Street Vero Beach, FL 32960 (21)REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22)MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the 17 `411h requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list 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 a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and, 18 218 iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed attachment titled: "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" for each intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. j. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")). The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 19 219 d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24)COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable 20 220 material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION. The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of 21 221 compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. V. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 22 222 b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 23 223 iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30)SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 24 224 iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31)BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e) of this section. 25 225 b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33)ASSURANCES. The Sub -Recipient shall comply with any Statement of Assurances incorporated as attachment titled: Statement of Assurances. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: INDIAN RIVER COUNTY APPROVED By: /1 Name and title: Bob Solari Chairman Date: October 11, 2016 FID# 59-6000674 STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT By: Name and Title: Jonathan Lord Deputy Director Date: we County/lAdm]nistratoF Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM AN E OF CY BY RAAL DEPUTY WILLIAM K. D ATTORNEY 226 EXHIBIT —1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: U.S. Department of Homeland Security, Federal Emergency Management Agency Catalog of Federal Domestic Assistance title and number: Emergency Management Performance Grant # 97.042 Award amount: $ 77,343.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Chapter 252, Florida Statutes Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what activities/services/purposes the federal resources must be used for): Sub -Recipient is to use funding to perform eligible activities as identified in the United States Department of Homeland Security, Federal Emergency Management Agency, Notice of Funding Opportunity, Fiscal Year 2016 Emergency Management Performance Grant Program. Second applicable compliance requirement (e.g., eligibility requirements for Sub -Recipients of the resources: Sub -Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program by enhancing county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). 27 227 Attachment A Program Budget • Funding from the Emergency Management Performance Grant is intended for use by the Sub - Recipient to perform eligible activities as identified in Notice of Funding Opportunity (NOFO), Fiscal Year 2016 EMPG, Appendix B — FY 2016 EMPG Funding Guidelines and programs that are consistent with 2 C.F.R. Part 200, State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). • Below is a general budget which outlines eligible categories and their allocation under this award. • The transfer of funds between the categories listed in the Program Budget is permitted. If funds need to be moved in categories, send a revised Program Budget to your grant manager. Grant i Sub -Recipient Agency ( Category �� Amurfit Allocated I ILO rganizational Expenditures I $72 692.00 I FY 2016 — Emergency Planning Expenditures Management Performance INDIAN RIVER COUNTY Grants Program Training Expenditures Exercise Expenditures Equipment Expenditures I $4,651.00 Management and Administration Expenditures (no greater than 5%) 28 228 Attachment B Scope of Work / Deliverables The Emergency Management Performance Grant (EMPG) funding agreement is provided to perform eligible activities as identified in the Notice of Funding Opportunity (NOFO), Fiscal Year 2016 EMPG, Appendix B — FY 2016 EMPG Funding Guidelines. EMPG Program Guidance, FY2016 allowable costs are divided into the following categories: organizational, planning, training, exercise, equipment, and management and administration. Eligible activities are outlined in Allowable Costs and Eligible Activities. The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program by enhancing county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. Each Emergency Management staff person must work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within their jurisdiction. By signing this Agreement, the Sub -Recipient certifies that it will use these funds to enhance the county's Emergency Management Program. Federal funds provided under this Agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. Monitoring: Monitoring will be accomplished through desk -based reviews, on-site monitoring visits, or both. Monitoring will involve the review and analysis of the financial, programmatic, performance, compliance and administrative processes, policies, activities, and other attributes of each county and will identify areas where technical assistance, corrective actions and other support may be needed. Desk monitoring is the review of projects, financial activity and technical assistance between the Division and the applicant via e-mail and telephone. On -Site Monitoring are actual visits to the Sub -Recipient agencies by a Division representative who examines records, procedures and equipment. The Division may request additional monitoring/information if the activity, or lack thereof, generates questions from the region, the sponsoring agency or Division leadership. The method of gathering this information will be determined on a case-by-case basis. Procurement: All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. Piggy -backing: The practice of one agency using the procurement/agreement of another agency is called piggybacking. The existing contract must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of the new contract, including the scope of work, must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in the scope of volume of goods or services. An agency may not'use the preexisting contract merely as a "basis to begin negotiations" for 29 229 a broader or materially different contract. Only piggy -back agreements that meet all requirements as outline in the Sub -Recipient shall be allowable. At a minimum the County is to successfully complete the following tasks throughout the contract period to ensure compliance and coordination with the state emergency management. Quarterly Tasks (Form 1B) will need to be provided each quarter to show completion or working towards the completion of each task. Items will also be reviewed during the mid -year and end -of year progress report prepared in conjunction with the Division's Regional Coordinator to validate compliance. All back-up documentation listed below shall be uploaded to the Division's Sharepoint portal, https:Hportal.floridadisaster org Task(s): 1. 24-7 Operations. The minimum acceptable standard for payment is to maintain a 24-7 operation. The County Emergency Operation Center must be able to operate within the minimum acceptable standard to maintain a 24-7 operation, 7 days a week. 2. Proposed Match Plan (Form 3) is due with the signed agreement and will be used to compare with the match portion of your close out report. If your proposed match plan changes an update should be provided. Federal funds provided under this Agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. NOTE: If the amount is NOT EMPA or if the federal obligation exceeds EMPA then you need to identify the other non-federal match. In the space provided on the form, provide a narrative description on how you plan to meet the dollar for dollar match requirement. The Proposed Match form must be signed by the Chief Financial Officer or equal authority. 3. All Emergency Management personnel. Each quarter must provide Quarterly Tasks (Form 1 B) to show you are able to maintain a minimum level of capability. Submit current EMAP accreditation certification OR for each emergency management position, provide certificates for the following training via SharePoint and/or SERT TRAC: • IS 100 — Introduction to Incident Command System • IS 200 — ICS for Single Resources and Initial Action Incidents • IS 700 — National Incident Management Systems (NIMS) • IS 800 — National Response Framework 4. EMPG Funding Positions Only - Training and Exercise - To ensure that each county emergency management agency is in compliance with EMPG Guidance, each EMPG funded position during this contract period (July 1, 2016 — June 30, 2017) MUST provide the following items. • County Emergency Management employee(s) should participate in no less than three (3) exercises within the 12 month Agreement period • Submit an After Action Report (AAR) for each exercise conducted by the Sub -Recipient and/or provide sufficient exercise documentation (i.e., sign in sheet, certificate, etc.) for participation in each exercise not conducted by the Sub -Recipient • Complete the following training requirements and record proof of completion: NIMS Training, Independent Study (IS) 100, IS 200, IS 700, and IS 800. In addition, personnel shall complete either the Independent Study courses identified in the Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or other, designated location. 5. National Incident Manaoement System (NIMS) - The Sub -Recipient will be required to complete a NIMS survey and provide the NIMS implementation status of your jurisdiction no later than December 30 230 31 1st. This survey, upon receipt, is designed to provide a self-assessment instrument to evaluate and report on your jurisdiction's implementation of the National Incident Management System (NIMS). Coordination and Collaboration - Utilizing the elements below, county emergency management agencies will have an ongoing process that provides for coordinated and collaborated input in the preparation, implementation, evaluation and revision of emergency management programs. • Attend the Regional Training and Exercise Planning (TEP) Workshop and provide an agenda and a copy of the sign in sheets or certificate to show participation during this contract period (July 1, 2016 — June 30, 2017) 7. Multi -Year Training and Exercise Plan (MYTEP)— Sub -Recipient is required to develop a MYTEP that identifies combination of exercises, along with associated trainings requirements, that addresses the priorities identified in the State TEPW. The county TEP will be included in the state submission of the MYTEP. Develop and submit no later than June 1St Deliverable Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient on a quarterly basis for the documented allowable costs incurred during the successful completion of the task(s) required to be performed in that quarter. Additionally, the submission of the certified Quarterly Tasks form is required. Financial Consequence Failure to successfully complete each of the required tasks, as outlined in the identified quarter(s), will result in a reduction of the Agreement amount by 10% per quarter. 31 231 Attachment C Allowable Cost and Eligible Activities I. Categories and Eligible Activities The 2016 EMPG Funding Guidance allowable costs are divided into the following categories: organizational, planning, training, exercise, equipment, and management and administration. Allowable Costs A. Organization Per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (42 U.S.C. §§ 5121-5207), EMPG Program funds may be used for all -hazards emergency management operations, staffing, and other day -to -day -activities in support of emergency management. Sub - Recipients are encouraged to fund at least one dedicated Planner, Training Officer, and Exercise Officer. Personnel costs including salary, overtime compensatory time off, and associated fringe benefits, are allowable costs with EMPG Program funds. These costs must comply with 2 C.F.R. Part 200, Subpart E — Cost Principles. The quarterly minimum acceptable standard is to have the qualified staffing level for the county based upon Rules 27P-11.004 and 27P-11.0061 (definition below). Each Emergency Management staff person must be available to work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within the jurisdiction on a 24 hour basis. Personnel costs 27P-11.004, 27P-11.0061 (1) Counties with populations of 75,000 or more must have a full time emergency management director. Counties with populations of less than 75,000 or party to an intedurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., that is recognized by the Governor by executive order or rule, are encouraged to have a full time director, but, must, as a minimum, have an emergency management coordinator who works at least 20 hours a week in that capacity. "Full-time Emergency Management Director" means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction. (2) The county must have an emergency management program which has been approved by the Division of Emergency Management. Program approval will require: compliance with appropriate federal and state laws, rules and regulations; satisfactory completion of work elements of the previous year; and, a current proposal containing work elements commensurate with the needs of that county and a proposed budget. Eligible County Emergency Management Agencies in the state shall be allocated annual Federal Emergency Management Agency (FEMA) Emergency Management Performance Grant (EMPG) funding based on the following factors: an amount initially allocated to the county under its Fiscal Year 1994-95 Emergency Management Assistance agreement with the Division of Emergency Management (Division), a base amount distributed equally to each county and an amount commensurate with each county's proportionate share of the state's total population based on the most recent official population estimates. These amounts shall be increased or decreased to reflect additions or reductions in the availability of FEMA EMPG funds to the Division and the Division's distribution of funds to local governments. After providing for the initial allocation and the base amount allocation as described above, each county's increase or decrease shall be commensurate with its proportionate share of the state's total population based on the most recent official population estimates. Federal funds shall be used by the county for personnel, travel and operational expenses. Each county must be able to provide a non-federal match for federal funds on a dollar for dollar basis. 32 232 Mandatory Training and Exercise Requirements for EMPG funded employees only All EMPG Program funded personnel shall complete the following training requirements and record proof of completion: NIMS Training, Independent Study (IS) 100, IS 200, IS 700, and IS 800. In addition, personnel shall complete eitherthe Independent Study courses identified in the Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or other, designated location. The Quarterly Tasks (Form 16) is due every quarter with your quarterly financial report. This is to identify all EMPG funded employees, the completion of the required training (or working towards completion) and the required amount of exercises during the agreement period. Eligible "Organization" items include, but are not limited to: • Utility (electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite) • Internet Service • Maintenance Agreements for equipment or services (reimbursement can only be claimed for services within the Agreement period) • General Office Supplies • Dues and Conference Travel as it relates to the Scope of Work • Equipment (that does not require an AEL #) • Software and upgrades • Publications and Training Materials • Postage • Apparel for identification of Emergency Management Staff in the field • Fuel for Emergency Management vehicles • Food/Beverages for activations (must have Governor's Executive Order or a declared Local State of Emergency or prior approval from DEM/DFS) • Travel to/from meetings and conferences related to emergency management • Travel to training and/or exercises related to emergency management • Other Personal/Contractual Services • Reimbursement for services by a person(s) who is not a regular or full time employee filling established positions. This includes but is not limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. • Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes should also be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division for review. • Maintenance and Enhancement • Major repairs to the County Emergency Operations Center • Central Heat/Air • Out buildings for storage of Emergency Management Equipment (Need prior EHP approval) • Security Improvements (i.e. Cameras and equipment to operate) • Generators and Installation (Need prior EHP approval) B. Planning Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans should have prior review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not approved. 33 233 EMPG Program funds may be used to develop or enhance emergency management planning activities. Some examples include: • Emergency Management/Operation Plans • Communications Plans • Continuity/Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Evacuation planning • Recovery Planning Federal (and Mutual Aid) Emergency Response Official (F/ERO) Credentialing and Validation C. Training EMPG Program funds may be used for a range of emergency management -related training activities to enhance the capabilities of local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current, Multi -Year TEP developed through an annual TEPW. Further guidance concerning the TEP and the TEPW can be found at hftp:/Avww.fema.gov/exercise. Training should foster the development of a community oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. EMPG Program funds used for training should support the nationwide implementation of NIMS. The NIMS Training Program establishes a national curriculum for NIMS and provides information on NIMS courses; Sub -Recipients are encouraged to place emphasis on the core competencies as defined in the NIMS Training Program. The NIMS Training Program can be found at http://www.fema aov/training-0. The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing standards. The NIMS Guidelines for Credentialing can be found at http://www.fema.qov/nims- doctrine-supportin Professional Development Series courses include: • IS -120.a An Introduction to Exercises • IS -230.d Fundamentals of Emergency Management • IS -235.b Emergency Planning • IS -240.b Leadership and Influence • IS -241.b Decision Making and Problem Solving • IS -242.b Effective Communication • IS -244.b Developing and Managing Volunteers To ensure the professional development of the emergency management workforce, the Sub - Recipients must ensure a routine capabilities assessment is accomplished and a TEP is developed and implemented. For additional information on review and approval requirements for training courses funded with preparedness grants please refer to the following policy: http://www.fema.gov/media-librarv- data/1115d44e06367bb89510aafbe79cl875/FINAL GPD+Trainin +Three+for+Free+Polic 09+10+ 13. pdf. Additional types of training or training related activities include, but are not limited to, the following: • Developing/enhancing systems to monitor training programs • Conducting all hazards emergency management training • Attending Emergency Management Institute (EMI) training or delivering EMI train -the -trainer courses • Attending other FEMA -approved emergency management training • State -approved, locally -sponsored CERT training 34 234 • Mass evacuation training at local, state, and tribal levels Allowable training -related costs include the following: • Funds Used to Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Multi-year TEP and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analysis Design Development and Implementation Evaluation (ADDIE) model for instruction design. Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. D. Exercises All EMPG-funded personnel are REQUIRED to participate in no less than three exercises in a 12 month period. Allowable exercise -related costs include: • Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Sub -Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local 35 235 government and has the approval of the state or FEMA, whichever is applicabl6. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 P.M. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). • Implementation of HSEEP. This refers to costs related to developing and maintaining an exercise program consistent with HSEEP. • Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Sub -Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. Unauthorized exercise -related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage. Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs) Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct E. Equipment Allowable equipment categories for the EMPG Program are listed on the web -based version of the Authorized Equipment List (AEL) at https://www.fema..qov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA -adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) In addition to the above, general purpose vehicles are allowed to be procured in order to carry out the responsibilities of the EMPG Program. If Sub -Recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their Grant Manager for clarification. 36 236 Sub -Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Controlled Equipment Grant funds may be used for the purchase of Controlled Equipment, however, because of the nature of the equipment and the potential impact on the community, there are additional and specific requirements in order to acquire this equipment. Refer to Information Bulletin 407 Use of Grant Funds for Controlled Equipment for the complete Controlled Equipment List, information regarding the Controlled Equipment Request Form, and a description of the specific requirements for acquiring controlled equipment with DHS/FEMA grant funds. For additional information on controlled equipment refer to Executive Order (EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition (https://www.gpo.aov/fdsys/pkg/DCPD-201500033/pdf/)CPD 201500033 pdf), and the Recommendations Pursuant to Executive Order 13688 (https://www.whitehouse.-gov/sites/default/files/docs/le equipment w final report final. df). Requirements for Small Unmanned Aircraft System All requests to purchase Small Unmanned Aircraft System (SUAS) with FEMA grant funding must also include the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment, see Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties, in Domestic Use of Unmanned Aircraft Systems(https://www.whitehouse gov/the-press-office/2015/02/15/presidential memorandum promoting-economic-competitiveness-while-safequa), issued February 20, 2015. F. Management and Administration (M&A) M&A activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Indirect Costs Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. With the exception of Sub -Recipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. § 200.414(f), Sub -Recipients must have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to this award. A copy of the approved rate (a fully executed, agreement negotiated with the applicant's cognizant federal agency) is required at the time of application, and must be provided to FEMA before indirect costs are charged to the award. II. Construction and Renovation Construction and renovation projects for a state, local, territorial, or Tribal government's principal Emergency Operations Center (EOC) as defined by the SAA are allowable under the EMPG Program. Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (FEMA Form 089-0-0-3; OMB Control Number 1660-0124 (http://www.fema.gov/pdf­/(qovernment/grant/201 1/fvl 1 eoc inv pdf) to their Regional EMPG Program Manager for review. Additionally, Sub -Recipients are required to submit a SF -424C Budget and Budget detail citing the project costs. 37 237 When applying for funds to construct communication towers Sub -Recipients must submit evidence that the Federal Communication Commission's (FCC) Section 106 review process has been completed and submit all documentation resulting from that review to GPD prior to submitting materials for EHP review. Sub -Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all state and EHP laws and requirements). Projects for which the Sub -Recipient believes an Environmental Assessment (EA) may be needed, as defined in 44 C.F.R. § 10.8, must also be identified to the FEMA EMPG Regional Program Manager within six months of the award and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to gpdehpinfo(c�fema qov. EMPG Program Sub -Recipients using funds for construction projects must comply with the Davis - Bacon Act (40 U.S.C. §§ 3141 et seq.). Grant Sub -Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis -Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website: http://www.dol.gov/compliance/laws/comp-dbra.htm. III. Maintenance and Sustainment The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted. EMPG Program grant funds are intended to support the Goal and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide Sub -Recipients the ability to meet this objective, the policy set forth in GPD's IB 379 (http://www fema qov/qrant-programs-directorate information bulletins) (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant funding or any other source of funding other than DHS/FEMA preparedness grant program dollars. Additional guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http:/Mrww.fema gov/media- library/assets/documents/32474. Unallowable Costs • Prohibited Equipment: Grant funds may not be used for the purchase of Prohibited Equipment. Refer to Information Bulletin 407 Use of Grant Funds for Controlled Equipment for the complete Prohibited Equipment List. For additional information on Prohibited Equipment see Executive Order (EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition (https://www.gr)o.gov/fdsys/pkq/DCPD-201500033/pdf/DCPD 201500033 pdf), and the Recommendations Pursuant to Executive Order 13688(https://www.whitehouse-gov/sites/defaulUfiles/docs/le equipment wg final report final pd Expenditures for weapons systems and ammunition aQ FAI:? • Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities • Activities and projects unrelated to the completion and implementation of the EMPG Program In general, Sub -Recipients should consult with their Grant Manager prior to making any investment that does not clearly meet the allowable expense criteria established in this Guidance. IV. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants - funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub - Recipients proposing proiects that have the potential to impact the environment including but not limited to construction of communication towers modification or renovation of existing buildings, structures and facilities or new construction including re lacement of facilities must Participate in the FEMA EHP review process,. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. Additionally, all Sub -Recipients are required to comply with FEMA EHP Policy Guidance. This EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation Policy Guidance (http://www.fema gov/media-library-data/1421336453304 d48abd61f8b2a35d2bad325ae49ae531/FP1080231 Environmental Planninq Historic Preservation Policy.pdf) , and FP 108.24.4, Environmental Planning and Historical Preservation Policy (http://www.fema.gov/media-library-data/l 388411752234 6ddb79121951a68e9ba036d2569aa488/18Dec13-NoNEPAReview pdf) EHP Technical Assistance, including the EHP Screening Form, can be found at (http://www.fema.gov/media-library-data/20130726 1806 25045 2839/gpd ehp screening form omb 1660 0115 iune 2011 pdf) V. Other Conditions Vehicles Written approval from the Director of the Division must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Division has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income and must be applied toward the Sub -Recipient's EMPG Base Grant expenditures. Food and beverages • Food and beverages may be purchased for Emergency Management personnel and other personnel only if the Sub -Recipient's Emergency Operation Center or field command office is in an activated status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be made only under (1) An Executive Order issued by the Governor, (2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat or (3) the Division may consider additional request. The request would need aLigE approval from Department of Financial Services and the Division. For more information, ask your grant manager. 39 239 Attachment D Reports Sub -Recipient shall provide the Division with quarterly financial reports, mid -year and end -of -year summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out report. Reporting Forms are located in attachment titled: Reporting Forms and can be found on the Division internet site. A. Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of the program year, and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. The Sub -Recipient shall provide the Division with full support documentation for the quarterly financial reports. To eliminate large files and mailings, the Division will accept back up documentation on a CD if desired by the Sub -Recipient. (Backup Documentation should reflect the amount requested on the Expenses Detail of Claims form.) • Organizational Activities: Includes salaries and expenses (depending upon eligibility). Supply copies of timesheets (if applicable) documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries). Expense items need to have copies of invoices/receipts and canceled checks or general ledger for proof of payment. All documentation for reimbursement MUST include exact amounts and MUST be clearly visible and defined (i.e., highlighted, underlined, circled &/or individually identified on a spreadsheet). • Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment. May also request copies of planning materials and work products (i.e., meeting documents, copies of completed plans (if submission of plans is for the Division then only need to provide date of submission and who submitted plan/product to), etc.). Any costs for planning activities provided by in-house staff MUST be reported under "Organizational Activities" • Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment and a copy of the agenda and sign in rosters (if using pre populated sign in sheets they must be certified by the Emergency Management Director verifying attendance). May also request any training materials provided. • Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment and a copy of the agenda and sign in rosters (if using pre populated sign in sheets they must be certified by the Emergency Management Director verifying attendance). May also request any training materials provided. • Equipment Acquisition Costs: Copies of Invoices/receipts and canceled checks or general ledger for proof of payment. AEL# for each purchase (if applicable). • Management and Administrative Costs: Supply copies of timesheets documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries). 40 240 For travel and conferences related to EMPG activities, copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference. If conference, a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. If the Sub -Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and participation of the individual in the travel is necessary to the Federal award. If cancelled checks are NOT available, copies of the general ledger MUST be provided. B. The Quarterly Tasks Form is due with your quarterly financial report each quarter. This form identifies EMPG funded employees, the required training completed (or working towards completion), and the required amount of exercises during the agreement period. C. Proposed Match Plan (Form 3) is due with the signed agreement and will be used to compare with the match portion of your close out report. If your proposed match plan changes an update should be provided. Federal funds provided under this Agreement shall be matched by the Sub - Recipient dollar for dollar from non-federal funds. NOTE: If the amount is NOT EMPA or if the federal obligation exceeds EMPA then you need to identify the other non-federal match. In the space provided on the form, provide a narrative description on how you plan to meet the dollar for dollar match requirement. The Proposed Match form must be signed by the Chief Financial Officer or equal authority. D. Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the Division's Regional Coordinator and submitted to the grant manager. E. The final Close Out report is due forty-five (45) days after termination of this Agreement. Federal funds provided under this agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. If the funds are being matched with EMPA and are less than the expended EMPA, no additional back-up/supporting documentation is needed. However, if your EMPG funds exceed EMPA, or if you are not using EMPA for match, the appropriate back-up/supporting documentation needs to be provided (i.e. general ledger with highlighted matching non-federal funds). 41 241 Attachment E Program Statutes and Regulations I. Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq. 2. Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3. Chapter 473, Florida Statutes 4. Chapter 215, Florida Statutes 5. Chapter 252, Florida Statutes 6. Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq. 7. Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq. 8. Copyright notice 17 U.S.C. §§ 401 or 402 9. Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200 10. Debarment and Suspension Executive Orders 12549 and 12689 11. Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. 12. Duplication of Benefits 2 C.F.R. Part 200, Subpart E 13. Energy Policy and Conservation Act 42 U.S.C. § 6201 14. False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38 U.S.C.§ 3801-3812 15. Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118 16. Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a 17. Lobbying Prohibitions 31 U.S.C. § 1352 18. Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq. 19. Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20. Terrorist Financing Executive Order 13224 21. Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) U.S.C. § 1681 et seq. 22. Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104 23. Rehabilitation Act of 1973 Section 504_29 U.S.C. § 794 24. USA Patriot Act of 2001 18 U.S.C. § 175-172c 25. Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. 4712, and 10 U.S.C. § 26. 2324, 41 U.S.C. § § 4304 and 4310 27. 53 Federal Register 8034 28. Rule Chapters 27P-6, 27P-11 , and 27P-19, Florida Administrative Code 29.2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 30. To the extent that 2 C.F.R. Part 200 supersedes any provision outlined above, 2 C.F.R. Part 200 shall apply 42 242 Attachment F JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ j ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three Months (list applicable line items) of Contract For examule ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 43 243 Attachment G Warranties and Representations Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.326). Business Hours 27P-19.010 (9) The Division shall be permitted to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed to be normal business hours on Monday through Friday. Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -Recipient. 44 244 Attachment H Certification Regarding Debarment, Suspension, Ineligibility 77 And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub -Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Name and Title Street Address City, State, Zip Date Sub -Recipient's Name DEM Contract Number Project Number 45 245 Attachment I Statement of Assurances The Sub -Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and 46 246 Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties, 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a Sub -Recipient of funds, the Sub -Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 47 247 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the Sub -Recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: 48 248 OMB 6ukklrlce P1. 200, App. 11 tD) D.rvns-Bacon Act. as amended (t0 tT.S.C_ materials or artl-Aps ordinartl_v avulatde un 3141-314M When required by Federal program the open market. or contracts for transpor- legislatioa all prima construction contracts tatlon or transmission of Intelligence. In excess of 210W awarded by non -Federal fel Rights to Inventions Made Under entities must Include a provision for compli- &ace with the Davl4-1acon Act U.S.C. a Contract or Agreement. If the Pedera.f award s40 3141-3141 and 31Vf 3393) as supplemented by meets the dOnWtlon of "funding agreement'" under 3; CPR 1,101-2 cal and the recipient Department of Labor regulations )2p CFR Part 5, "Labor Standards Provisions Appli- or s-ubrec1pient wishes to enter Into a contract cable to Contracts Covering Poderallv Fi- nanced and assisted Constructton" In with a small business firm or nonprofit orga- nization regarding the substitution of par- ). ac- cordance with the statute, contractors must be required to pay wages to laborers tem assignment or performance of eipert- mental. derelopnental, or research work 'funding and mo- chanlcs at a rate not less than the prevailing under that agreement." the recipt- eat or subreclpient must comply with the wages specified In a wage determination made by the Secretary of Labor. In addition- re- quirements of 37 CFR Part-401. "Rights to In- ventions glade by Nonprofit Organizations contractors mast be required to pap wages not less than once a weep- The non -Federal and Small Business Firms Under Govern- ment• Grants. Contracts and Cooperative entity must place a cope of the current pre- vallfnp determination wage issued by the De- Agneements_" and any Implementing regula- tions issued by the awarding agency. partrnent of Labor to each sollcttat-ion. The decision to award a contract or subcontract (0) Clean Air Act (42 U.S.C. 74D1-7�1q.) and the Federal Water Pollutlon Control Act (33 must be conditioned upon the acceptaace of the wage determination. The non-Pederai U.S.C. 1251-M. ), as amended—Contracts and en- tits must report all suspected or reported violations to the Federal awarding agency. suberants of amounts in excel;, of SI50.W0 must contain a provision that requires the The contracts must also include a provision for compliance with the Copeland "Ant-j- non -Federal award to agree to comply with all applicable standards, orders or regula- Kickback" Act (40 U.S.C. 3145). as supple- mented by Department of labor regulations. tions issued pursuant to the Clean Air Act. (42 U.S.C. 7901-7bzlq) and the Federal Water (Z CFR Fart 3. "Contractors and Sub- Pollution Control Act as amended 433 U.S.C. 1251-1387). Violations must be reported to the contractors on Public Budding or Public Work Financed to Whole or In Part by Loans Federal awarding agency and the Regional Offloe or Grants from the United States"). The Act of the Environmental Protection Agency IEPA). Provides that each contractor or sub- rxiceptent must be prohibited from inducing. M Mandatory standards and policies re- latlnv t•o energy efficierlcy which are by any means, an,,., person employed 1n the construction, completion. or repair of public con- tamed in the state energy conservation plan issued in compliance with the Energy Policy work. to give up any, part of the compensa- Una to which he or she is otherwise entitled, and Conservation' Act (42 U-S.C. fimj1 . (f) Debarment and. Suspension (Executive The non-Pederal entity must report all sus- pected or reported violations to the Federal Orders 12594 and 12W9 —A contract. award (see 2 CFR 180-201 must. not ire made t-0 par- awarding agency. t1l) Contract Work (fours and Safety ties listed on the Itovemmontuide Excluded Parties List System in the System for Award Standards Act (40 U.S,C. 37o1-3'!08). Where applicable. ail contracts awarded by the non- bianigemeat iSAMN . In ac%ordance with the OMB guidelines at 2 CPR 190 that implement. Federal entlty in excess of S1oD,000 that 10- valve the employment, of mechanics or labor- Executive Orders 12548 13 CFR Part 198b Comp., P. 189) aril 12f;✓1e (3 CPR Part 3!189 ors must Include a provislon fbr compliance with 40 U.S.C. 3702 and 3741, as supplemenUld Comp., p• 2151. "Debarment and Suspension." The Excluded Parties List System to SAM by Department of I +bor regulations (29 CFR Part 51. Under 40 U.S.C. 3702 of the Act., each contains the names of parties debarred, sus_ pendod, or otherwise excluded by agencies.:* cronlractor mast. be twigpirod to compute the wages of every meebattte and laborer on the well as parties declared Ineligible under stat- utory or reiulzntory authority other than Ex- basis of a standard work week of 40 hours, Work In excess of the standard work woek Is ccurive order 125,19, (J) Byrd Anil-Lobbying Amendment. (31 permissible provided that the worker is cron)- laansated at a rate of not lass than one and s U S-C- 13521—Contractors that apply or bid for an award of 5100.000 or more most file the half limes the basic rale of pay for all hours worked in excess of 40 hours in the work requi" cortlfication. Each tier certifies to the tier above that It will not and has not. week. no requirements of 40 U.S-C. 370f are applicable to constructlon work and provide used Federal appropriated funds to pap any that no laborer or mechanic must be re- person or organization for influencing or at- tempting to Influence an officer or employee quired to work 1n surroundings or under working conditions which are unsanitary., of ane agency. a member of Congrow. officer or employee of Congrm. or an employee of a hazardous or dangerous. These regpireirtents do not apply to the. purchases of supplies or member of Congress in connection with Ob taming am Federal contract.. _rant or anv 195 49 249 P1. 200, App. III other award coreted ty at U.S-C. 1352. Each tier must. also dtsclase WY lobbying with non -Federal funds thattakes place In con- oee.tion with oFitauiing ZAT Federal awar Such disclosures are for -warded from tid- er d - tier up to the non -Federal award to tR) See 1200-10 Procurement of recovem, materials. APPF-ND13 III TO- PART 2O0L—INDDiEG7' I F&A) Cows IDrYnvIc vnO.-a AND AssiGNmEmr. AND RATE DETmmLxA- TION FOR 1N&rrrU77ONS OF HIGFIER EDUCATION (MS I A. Gimme, This appendix provides enteraa for ldentl. fving and computing indirect for indirect tF&A)) rates at IRRs tinStltutions). Indirect (P&A) costs are those that are Incurred for common or joint obJectives and therefore cannot be Identified readliv and specifically with a Particular sponsored project. an In- structional actlthty, or any other Instrtu- ttonal activltY. Sae subspctlon R.I. Mini - tion of Factllties and Administration. for a discussion of the components of Indirect i P&A) costs. 1. Magor Functions oat on lnsiuutfov Refers to instruction. Organized research. other sponsored activities and other tastitu- tional activities as defined in this sect4on_ a. Instruction means the teaching and training activities of an institution. Except for research tminink, as provided in sub- 'WWOU b, this farm Includes all teaching and training actAlties. whether they are offered for credits toward a degree or certificate or on a non-credit basis. and whether thew are offered through regular academic depart- ments or separate dtvWons, such as a sum- mer school division or an extension dirtsion- Also considered part, of this major function are departmeptal research. and. where agreed to, uplrersltY rosearch. t1 t Sbonsored tasfrurton and truintnv means SP00fle instructional or training activltr es tabllsbed by 'rant, contract, or cooperativo agreement. For purposes of the cost prin- ciples, this activity may be considered a majfunction ov4m hrInldthunting trratmentmacue iin e Instruction function. (2) Dvlsorrrnentof rearorch means tesaarcb, development and scholarly ac1•Ivltlas that are not organized research and, con- sequently. are not separately budgeted and accounted for. Departmental research. for Purposes of this document. is not considered as a major function. but as a part of the In- structlon function of the Institution. b. Oruan4�ed reseorc& means all research and development. activities of an Institution that. are separately budgeted and avrountwj For- It includes 50 2 CFR Ch. It (1-1-14 EMoM it) Yyriasorad research means all researeb and derelopment. activities that are spon- sored by Federal and non -Federal agencies and organizations. This term Includes actlrt- ties rnrolt•7ng the training of individuals to research tecbmques 1comrnonly called re- search trainin¢t where such activities utilize the Same facilities as other research and de- velopment activities and where such activl- Wes are not included In the Imtroctlon func- tion. 421 Uxuvrsrtp reseorcA means all research and development activities that are sepa- ratelY budgeted and accounted for by the in- Stitutlon under an Internal application of In- stitutional funds. University research. for Purposes of this document, must be com- bined with sponsored research under the function of organized research. C. Other Sponsored activities means programs and projects financed by Federal and non- Foderal agencies and organimuons which In. volve the performance of work other than in- ,'"etton and organized research. Examples Of such prograriis and projects are health sen -Ice projects -and conununitr service pro- -rams- Howev®r, when am of these activities are undertaken by the Instltutton without. oufsyde support. they nmy be classified as other Institutional actl%Itres. d. Othsr,nstuattonot ecttrtties means all ac- Wvities of an Institution except. for Instruc- tion. departmental research, organised re- search. and other sponsored actitt7tles. as de- fined in this section: Indirect (P&A) Lost ac- tivltles identtflod In this Appendix para- graph R. Identification and assignment of in- direct'(F&A) costs; and specialized services facllltles described in 1240.968 Speclallwj service facilities of this Fart. Examples of other institutional actfvltles Include operation of residence halls, dininc halls. hospitals and clinics, student unions. intercollegiate athletics. bookstores. faculty housing. student, apartments, guest houses., chapels. theaters, public museums, and other similar auxillary enterprises, This deRnttton also includes any other categories of activi. Wes. costa of which are "unallowable" to Federal awards, unless otherwise tndtcattxl In an award. ( ritcria for D13fridu1ton a- Base »eriod. A base period for distilbu- tion of indirect. 4P& -A) costs is the period during which the costs are Incurred. The base period normalli, should coincide with the fiscal year established by the institution. but In anv event the base period should be so selected as to avoid Inequtttes in the dis- tribution of costs_ b. Need [Or tier trrout4a.us. The overall ob- jective of the indirect W&Ai Brost• allocation Proccess is to distribute the indirect tF&A) costs described In SOLI -Ion H. Identification and asslenment of indirect IFX-A) casts. to MR, 250 Attachment K Reporting Forms DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT Quarterly Financial Report (Form 1): 1. These reports must be completed in full on a quarterly basis and be submitted no later than 30 days after the end of each quarter. QUARTERLY FINANCIAL REPORTS MUST BE SUBMITTED ON A QUARTERLY BASIS EVEN IF YOU ARE NOT CLAIMING ANY EXPENDITURES. Quarterly Financial Report (Form 1A), Quarterly Tasks (Form 1B) and Detail of Claims (Form 2): 1. These forms are to be submitted quarterly. 2. Complete Quarterly Financial Report (Form 1A) by entering all information needed for reimbursement. 3. Complete Quarterly Tasks (Form 1B). This form has quarterly information for EMPA and EMPG agreements. This is to track tasks that are completed for the agreement period and quarters. 2. The Detail of Claims form must accompany the Quarterly Financial Report. 3. The Quarterly Financial Report form must be signed by the contract manager or someone with equal authority. 4. Claims are to be submitted to the following address: DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Attn: (Contract Manager's name) 2016 EMPG - FUNDING OPPORTUNITY ANNOUNCEMENT (FOA). Requirements for EMPG funded personnel detail on Form 1 B 1. All EMPG funded personnel shall participate in three exercises of any type (e.g. Drills, Tabletop Exercises, Functional), within a 12 -month period. 2. All EMPG Program funded personnel shall complete the following training requirements and record proof of completion: NIMS Training, Independent Study (IS) 100, IS 200, IS 700, and IS 800. In addition, personnel shall complete either the Independent Study courses identified in the Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or other, designated location. Proposed Match Plan - (Form 3): 1. This form is due with the signed agreement and will be used to compare with the match portion of your close out report. If your proposed match plan changes an update should be provided. 2. Federal funds provided under this Agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. NOTE: If the amount entered below is NOT EMPA or if the federal obligation exceeds EMPA then you need to identify the other non federal match. In the space provided on the form, provide a narrative description on how you plan to meet the dollar for dollar match requirement. 3. The Proposed Match form must be signed by the Chief Financial Officer or equal authority. Close Out Report - (Form 4): _.. 1. Close Out Reports are due forty-five (45) days after the contract end date. Federal funds provided under this agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. If the funds are being matched with EMPA and are less than the expended EMPA, no additional back-up/supporting documentation is needed. However, if your EMPG funds exceed EMPA, or if you are not using EMPA for match, the appropriate back-up/supporting documentation needs to be provided (i.e. general ledger with highlighted matching non-federal funds). 2. The agreement cannot be considered closed until the Close Out Report has been received. Documentation of project expenditures: 1. Sub -Recipients must maintain documentation of expenditures for a minimum period of three years following the close of project/program operations unless audits require a longer period of time. 2. Sub -Recipients should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by the Sub -Recipient during the grant period. Documentation of expenditures against the Prooram will be reviewed and verified upon receipt by DEM staff. Acceptable documentation includes copies of purchase orders and paid vouchers, paid payroll vouchers, journal transfers, etc. These documents should be submitted when requesting invoices or cancelled checks, reimbursement. 3. In order to document hours worked on the program by permanent or temporary staff, the Sub -Recipient may use its own time and attendance forms. A Staffing Detail Worksheet is also required to identify positions being funded by the agreement. 4. All claims for reimbursement of expenditures must be submitted on the approved DEM Quarterly Financial Reporting forms. Claims not submitted on the proper form cannot be processed and will be returned for corrections IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALLY, PLEASE FIND THEM ON OUR WEBSITE AT http://www.floridadisaster.org/grants/index.htm OR NOTIFY YOUR CONTRACT MANAGER 251 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT QUARTERLY FINANCIAL REPORT FORM 1A Sub -Recipient: County Name: Claim # Address: (Select the quarter of submission) QUARTERLY REPORTING DUE DATES Point of Contact: July —September 30— Due no laterthan October 31 Telephone M October 1 — December 31 - Due no later than January 31 AGREEMENT # January 1 — March 31 — Due no later than April 30 April 1 - June 30 — Due no later than July 31 THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED QUARTERLY TOTAL AMOUNT TO BE PAID ON THIS INVOICE $0.00 I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement. Signed: Sub -Recipient Contract Manager or Financial Officer Date QUARTERLY STATUS REPORT This information below is required EACH QUARTER. This information MUST be clearly linked to the project TIMELINE, DELIVERABLES AND SCOPE OF WORK. Report event, progress, delays, etc., that pertain to this project (i.e., incidents, activities, meetings, reporting training and /or exercises) (Attach additional page(s) if needed.) SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT Total EMPG (Federal) Amount Prior Payments This Payment Unexpended Funds 252 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT BASE GRANTS COUNTY Quarterly Tasks FORM 1B FY 2016-2017 QRTI QRT2 QRT3 QRT4 EMPG QRTI QRT2 QRT3 Pro sed Match Plan due b 1 sl rt QRT4 EMPG funded osil ons on Exercises 3 er 7/1/16-6/30/17 NIMS due b 2nd rt Re Tonal TEP 1 er 711/16 6/30117 MYTEP due by 4th rt I hereby certify that the above is true and valid in accordance with this Agreement. Name and Title: Dale: 253 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM, BASE GRANT DETAIL OF CLAIMS FORM 2 CATEGORY p_ (Please use one form per category, Pick from the below 1-6) 1. Organizational Expenditures 2. Planning Expenditures 3. Training Expenditures 4. Exercise Expenditures S. Equipment Expendilums 6. Management and Administration Expenditures (limited to 5% of the total award) County. Costs Incurred During the Period of. to Claim Number. for EM I Date Received / Date Paid I Check Amount Operaing Capital Outlay (OCO) - an appropngh h calegory for the purchase of equipment, &tures end other rangrb/e personal properly of a nonconsumable end rronexpendable nature, the value w cost of which is 11,000 or mwe and rhe 5250 l expected lite Of which is one (/) year or more, and hardback bound books that are cFculafed to students or the general public, the value or cost of which is S25 or mwe, and hardback covered bound books, the value w rst of which u 3250 l more. 254 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT DETAIL OF CLAIMS Form 2 (if applicable) ORGANIZATIONAL / SALARIES AND BENEFITS COSTS SALARY DEFINITION: The cash compensation for services rendered by a regular employee in an established position for a specific period of time. County Name of Employees Costs Incurred During the Period of: to Claim Number: Job Title % of Time Salary $ Charged Fringe Benefits $ Charged to to this Grant Charged to this Grant $0.00 Total Salaries and Benefits Charged to this Grant $0. 255 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT COUNTY Proposed Match Plan EMPG Form 3 FY 2016-2017 This form is due with the signed agreement and will be used to compare with the match portion of your close out report. If your proposed match plan changes an update should be provided. Federal funds provided under this Agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. NOTE: If the amount entered below is NOT EMPA or if the federal obligation exceeds EMPA then you need to identify the other non federal match below. Funding Source Describe how the County plans to meet the match Amount 2016-2017 EMPG Obligation EMPA Local General Revenue — Local (Other Local) Other Non -Federal Total — $0.00 The total should be equal to or greater than your EMPG obligation. I hereby certify that the above funds reflect the way the county anticipates meeting match requirements in accordance with this Agreement. Signed Name & Title Date Sub -Recipient Contract Manager or Financial Officer 256 DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT CLOSE-OUT REPORT FORM 4 This form should be completed and submitted to the Division no later than forty-five (45) days after the termination date of the Agreement. Sub -Recipient Address City and State Cost Categories By Category - I ofal Contract Expenditures 1. Organizational Activities 2. Planning Activities 3. Training Costs 4. Exercise Costs 5. Equipment Acquisition Costs 6. Management and Administration Costs Total $0.00 Total Agreement No. Agreement Amount Agreement Period Payments Received Under this Agreement (Include any advanced funds and final requested payment) Date Amount 1 2 3 4 5 6 7 $0.00 Agreement Amount Minus Total Payments (including final requested funds — Line 7) Unspent balance Federal funds provided under this agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. If the funds are being matched with EMPA and are less than the expended EMPA, no additional back-up/supporting documentation is needed. However, if your EMPG funds exceed EMPA, or if you are not using EMPA for match, the appropriate back-up/su ortin documentation needs to be provided i.e. general ledger with hi hlighted matchingnon-federal funds). MATCH EMPA LOCAL (General Revenue LOCAL {other) OTHER NON-FEDERAL Refund and/or final interest checks are due no later than ninety (90) days after the expiration of the Agreement. Make checks payable to: Cashier, Division of Emergency Management Mail To: Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, Attn: (contract manager) I hereby certify that the above costs are true and valid costs incurred and that the match requirements have been met in accordance with this Agreement. Signed Chief Financial Officer or Finance Director Name 8 Title Date FOR DEM USE: Reconciliation and verification of EMPG funds Signed DEM Grant Manager Name & Title Date 257 Due] I � INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E Public Works Director (i FROM: James D. Gray, Jr. Coastal Engineer SUBJECT: Post Hurricane Matthew Beach Profile Surveys — Contract No. 1605; Work Order No. 1- Morgan and Eklund, Inc. DATE: October 13, 2016 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board approved a contract with Morgan & Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year term. The Board amended the contract on October 18, 2016. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. The western eyewall of Hurricane Matthew passed approximately 3-5 miles east of Indian River County on October 7, 2016, with maximum sustained winds of approximately 45-55 mph and maximum recorded gusts of up to 74 mph producing 15-20 foot breaking waves along the coast and 35 to 40 feet waves offshore. As a result of the high surf, approximately 10-15 feet of dune retreat was observed throughout the County shoreline. The proposed Work Order No. 1 provides post Hurricane Matthew beach profile surveys (Onshore/waiting depth) that are necessary to quantify the dune/beach erosion impacts to our County. The results of the survey will also be offered to the Florida Department of Environmental Projection and Federal agencies as documentation of losses if beach recovery funding becomes available. Work Order No. 1 totals $31,500 FUNDING Funding for this expenditure will be from the Other Contractual Services — Matthew, Account # 12814472-033490-17001. FAPublic Works\JamesG\Hurricane Matthew\Agenda Items\10-18-16 memo to bcc Emergency Beach Profile Surveys Post Hurricane Matthew.docx 258 Page 2 Consent Agenda Item for October 18, 2016 Post Hurricane Matthew — Beach Profile Surveys RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 1 to the Professional Land Surveying and Mapping Services contract No. 1605 with Morgan and Eklund, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENTS Morgan and Eklund, Inc. Work Order No. 8 (1 original copy) APPROVED AGENDA ITEM Indian River County ApprqVd Date Administration Budget Legal Public Works Coastal Engr. Division JLV Fiomid F:\Public WorksUamesG\Hurricane Matthew\Agenda Items\10-18-16 memo to bcc Emergency Beach Profile Surveys Post Hurricane Matthew.docx 259 r Board of County Commissioners Administration - Building A 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: 2016 Summer Countywide Beach Profile Monitoring Surveys WORK ORDER NO. 1 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with Contract No. 1605 2016-2018 This Work Order No. 1 is in accordance with the existing AGREEMENT dated October 4, 2016 and as amended October 18, 2016, between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); This Work Order No. 1 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 1 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the Post Hurricane Matthew Beach Profile Monitoring Surveys; Florida Department of Environmental Protection Reference Monuments R-30 — R-119. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 1; specifically detailed in the attached proposal Exhibit A. SECTION III — TIME FOR COMPLETION & DE LIVE RABLESIWORK PRODUCT I. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". FAPublic Works\lamesG\Hurricane Matthew\Agenda Items\Post Hurricane Matthew Countywide Beach Profile Monitoring Surveys -- WO 1 260 signature page.docx IRC Work Order No. 1 Morgan and Eklund, Inc Post Hurricane Matthew Countywide Beach Profile Monitoring Surveys October 18, 2016 Page 2 of 3 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, one (1) paper "hardcopy" signed and sealed sets. Sheeted and model space (as applicable) AutoCad drawing file in release 2009 through Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets. d. Work Product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third -party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR 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 lump sum fee of $31,500. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 1, 2016 through September 30, 2018. All invoicing shall include Work Order No. 1 (WO 1), Contract Number (1605). Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 1605 with the COUNTY and as stated in Section II, III and IV hereon. F:\Public Works\JamesG\Hurricane Matthew\Agenda Items\Post Hurricane Matthew Countywide Beach Profile Monitoring 261 Surveys -- WO 1 signature page.docx IRC Work Order No 1 Morgan and Eklund, Inc Post Hurricane Matthew Countywide Beach Profile Monitoring Surveys October 18, 2016 Page 3 of 3 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 day of 2016. OWNER Morgan and Eklund, Inc. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller (Seal) Deputy Clerk Approved: Jason 4, Brown, COUNTY Administrator Approved as to Form and Legal Sufficiency: Willfam K. DeBraal, fleputy COUNTY Attorney (Printed name and title) Witnessed by: (Signature) F:\Public Works\IamesG\Hurricane Matthew\Agenda Items\Post Hurricane Matthew Countywide Beach Profile Monitoring 262 Surveys -- WO 1 signature page.docx w EKLUNL2, I�LC. �� j ---- • ---- - --- — PROFESSIONAL SURVEY CONSULTANTS October 10, 2016 Indian River County Attn: Mr. James Gray, Jr. Coastal Engineer 1801 — 271h Street, Building A Vero Beach, Florida 32960 RE: Indian River County Post Hurricane Matthew Coastal Monitoring Survey; Onshore/Wading Depth Profiles along FDEP Range Lines R-30 to R-119 (90 Lines) Dear James: Morgan & Eklund, Inc. is pleased to provide you with the following proposal to furnish professional land and hydrographic survey services for the above referenced project. Beach profiles will include R-30 through R -I 19, a total of 90 (ninety) beach profile lines. All data collected will be in accordance with the FDEP survey standards. Morgan & Eklund, Inc. will provide the County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor. The survey will be performed in October 2016 with drawings and reports completed by the end of October 2016. Additionally, the landward occurrence of rock outcroppings will be identified along each profile line. I. Sector 3 Post Hurricane Monitoring (R-30 to R-60) 31 onshore/wading depth profile lines @ $350/line ................. $ 10,850.00 II. Sector 5 Post Hurricane Monitoring (R-61 to R-97) 37 onshore/wading depth profile lines @ $350/line ................. $ 12,950.00 III. Sector 7 Post Hurricane Monitoring (R-98 to R-108) 11 onshore/wading depth profile lines @ $350/line ................. $ 3,850.00 IV. Countywide Post Hurricane Monitoring (R-109 to R-119) 11 onshore/wading depth profile lines @ $350/line ................. $ 3.850.00 TotalCost I-IV......................................................................... $ 31,500.00 As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River County on this project. JRM:dmc 8745 U.S. HIGHWAY 1, P.O. BOX 701420, WABASSO, FL 32970-1420 • PHONE: (772) 388-5364 • FAX: (772) 388-3165 • jmorga*t norganeklund.com 1159 SW lar WAY, DEERFIELD BEACH, FL 33441 • PHONE- (954) 421-6882 • FAX: (954) 421-0451 • pvoute@morganeklund.com 263 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, ICP; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director e ,M FROM: Brian Freeman, AICP; Senior Transportation Planner G F DATE: October 10, 2016 SUBJECT: Approval of a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for Block Grant Funds It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 18, 2016. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received mass transit operating assistance through the Florida Department of Transportation (FDOT) Public Transportation Block Grant program. Each year, the County combines Block Grant funds with local funds as a match towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program) and Section 5311 (also known as the Rural Area Formula Grant program). These state and federal grant funds are passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed -route) and the Community Coach (demand response) transit services. For FY 2016/17, $445,913 has been allocated through the state Block Grant program to the county. Because the Block Grant has a 50% match requirement, the county is required to provide a local match of $445,913. As was the case in previous years, matching funds will come from the County's normal transit allocation. Together, the Block Grant funds and local funds will be applied as a local/state match towards $891,826 in federal operating assistance through the Section 5307 program ($825,243) and the Section 5311 program ($66,583). As a result, the county will receive $1,337,739 in combined federal and state transit operating assistance. FACommun4 Development\Users\MPO\Transit\Grants\Block\2015-2019\2017 staff report.docx 264 In terms of transit, the County receives most of its funding through the federal Section 5307 grant program. To obtain those federal Section 5307 funds, the County must complete an application and follow a process that includes several steps. For FY 2016/17, the first step is to apply for state Block Grant funds. Subsequent steps include applying for federal capital and operating assistance and applying for Florida toll revenue credits for use as a soft match for federal capital assistance. According to state regulations, Block Grant funds may be used for both eligible capital and operating costs of public transit providers. Because the local match requirement for the capital portion of the County's FY 2016/17 Section 5307 grant may be met by soft -match rather than cash -match funds (which effectively provides for 100% federal funding of capital expenses), the entire FY 2016/17 Block Grant is proposed as a partial match for Section 5307 operating funds. Pursuant to state regulations, Block Grant funds may not exceed 50% of the nonfederal share of total eligible operating expenses of transit service provision. Also, activities funded with Block Grant funds must be consistent with applicable approved local government comprehensive and transit plans. To receive the Block Grant funds, the County must enter into a Supplemental Joint Participation Agreement with FDOT, a copy of which is attached to this staff report (Attachment #2). ANALYSIS As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Block Grant funds, although the funds may be passed through to a nonprofit provider. Under these restrictions, SRA has requested that the Board of County Commissioners apply for state Block Grant funds on its behalf. The attached Supplemental Joint Participation Agreement (SJPA) is an agreement between FDOT and Indian River County specifying the requirements which the County must meet in order to receive Block Grant funds. One of the most important of these requirements is that the County prepare and approve an annual update to its Transit Development Plan (TDP). The attached resolution (Attachment #1) authorizes the Chairman of the Board of County Commissioners to execute the JPA for Public Transportation Block Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the SJPA, County staff will transmit the SJPA to FDOT. Once the SJPA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand -response transit service. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2040 Long Range Transportation Plan. FUNDING Funding in the amount of $445,913 is budgeted and available in the General Fund/Community Transportation Coordinator account (Account Number 00111041-088230). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. FACommunity Development\Users\MPO\Transit\Grants\13lock\2015-2019\2017 staff report.docx 2 265 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Supplemental Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Supplemental Joint Participation Agreement 2. FDOT Public Transportation Supplemental Joint Participation Agreement 3. Grant Budget Form APPROVED AGENDA ITEM: FOR: ff-W Indian River Co, Approve Date Admin. Legal Budget S �Zl/ Dept. /%'S 104#46- 04 !(oRisk RiskMer. F:\Community Development\Users\MPO\Transit\Grants\Block\2015-2019\2017 staff report.docx 3 266 RESOLUTION NO. 2016 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and WHEREAS, Indian River County intends to submit an FY 2016/17 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 2016/17 Florida Public Transportation Block Grant; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Public Transportation Block Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Supplemental Joint Participation Agreement with the Florida Department of Transportation to obtain FY 2016/17 Florida Public Transportation Block Grant funding to be used as a partial match for operating assistance as part of the County's FY 2016/17 Section 5307 grant application. 2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's FY 2016/17 Public Transportation Block Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc FACommunity Development\Users\MPO\Transit\Grants\Block\2015-2019\2017 bcc resolution.docx Page 1 of 2 267 ATTACHMENT 1 RESOLUTION NO. 2016 - The Chairperson thereupon declared the resolution duly passed and adopted this 18th day of October , 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Bob Solari, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 18th day of October , 2016. APPROVED AS TO LEGAL SUFFICI Y Notary Public SEAL: BY- Dylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Stan Boli g, ICP, Director Commum evelopment Department FACommunity Development\Users\MPO\Transit\Grants\Block\2015-2019\2017 bcc resolution.docx Page 2 of 2 268 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 2 Financial Project No. Fund: DPTO FLAIR Approp.: 088774 407190-4-84-01 Function: 215 FLAIR Obj.: 750010 (item -segment -phase -sequence) Federal No.: Org. Code: 55042010429 Contract No.: ARQ56 DUNS No.: 80-939-7102 Vendor No.: CFDA Number: CSFA Number: 55.010 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 29 th day of December , 2014 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ _1,349,692.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Provide Operating funding for public transportation thru Block Grant. 725-030-07 PUBLIC TRANSPORTATION 6/11 Pege 1 o13 69 Aitqc hm' n t 725-030-07 PUBLIC TRANSPORTATION 6111 Page 2 of 3 2.00 Project Cost: Paragraph 3.00 of said Agreement is 0 increased O decreased by $ 891,826 00 bringing the revised total cost of the project to $ _2,699.384.00 Paragraph 4.00 of said Agreement is • increased O decreased by $ 445.913.00 bringing the Department's revised total cost of the project to $ 1,349,692.00 3.00 Amended Exhibits: Exhibit(s) B & D of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 16.00 of said Agreement 12/31/2019 . 5.00 E -Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 270 Financial Project No. 407190-4-84-01 Contract No. ARQ56 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 12/29/2014 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY Indian River County Board of County Commissioners AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE APPROVED AS TO FORM AN L S IC I s WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Stacy Miller, P.E. DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE 725-030-07 PUBLIC TRANSPORTATION 6111 Page 3 of 3 271 Financial Project No. 407190-4-84-01 Contract No. ARQ56 Agreement Date 12/29/2014 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County Board of County Commissioners 1801 27th Street Vero Beach FL 32960 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Provide Operating funding for public transportation thru Block Grant. Comments: Page 1 of 2 272 As Approved As Amended Net Change Project Cost $1,807,558.00 $2,699,384.00 $891,826.00 As Approved As Amended Net Fund DPTO DPTO DPTO Department: $903,779.00 $1,349,692.00 $445,913.00 Agency: $903,779.00 $1,349,692.00 $445,913.00 Federal: $0.00 $0.00 $0.00 Total Project Cost $1,807,558.00 $2,699,384.00 $891,826.00 Comments: Page 1 of 2 272 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY Amount 2014 $915,324.00 2015 $892,234.00 2016 $891,826.00 Page 2of2 273 GRANT NAME: Florida Public Transportation Block Grant AMOUNT OF GRANT: $445,913 GRANT #: ARO56 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990 1. How long is the grant for? One Year Starting Date: January 1, 2017 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % 5. Grant match amount required: $ 445,913 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? $446.117 County match already budgeted in general fund 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 1 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $446,117 Signature of Preparer: ^ Date: 1 0 - I _N~ T (go ATTACHMENT 3274 Grant Amount Other Matching Costs Match Total First Year $445,913 $ $445,913 (County Match) $891,826 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year I $ $ $ $ Signature of Preparer: ^ Date: 1 0 - I _N~ T (go ATTACHMENT 3274 INDIAN RIVER COUNTY, FLORIDA Q l MEMORANDUM TO: Jason E. Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, A ; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff DirectorOYN FROM: Brian Freeman, AICP; Senior Transportation Planner 01✓ DATE: October 10, 2016 SUBJECT: Approval of a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for Rural Service Funds It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 18, 2016. DESCRIPTION & CONDITIONS For the past several years, the County has applied for and received transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine) and demand -response service (Community Coach). For FY 2016/17, $66,583 in Section 5311 funds is allocated to the county. In this case, the grant has a 50% nonfederal match requirement for operating assistance. Matching funds will consist of $33,291.50 from the state Public Transportation Block Grant and $33,291.50 from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. In order to receive these funds, the BCC must enter into a Supplemental FACommunity Development\Users\MPO\Transit\Grants\5311\1617\sjpa staff report.docx 275 Joint Participation Agreement (SJPA) with FDOT, a copy of which is attached to this staff report (Attachment 2). ANALYSIS The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Area) grant program. The attached resolution (Attachment 1) authorizes the Chairman of the Board of County Commissioners to execute the SJPA for Formula Grants for Rural Areas funds. Upon the Board's adoption of the resolution and the Chairman's execution of the JPA, County staff will transmit the SJPA to FDOT. Once the SJPA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand -response transit service to rural areas of the county. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2040 Long Range Transportation Plan. FUNDING Funding in the amount of $33,291.50 is budgeted and available in the General Fund / Community Transportation Coordinator account. Funding for this expenditure is part of the allocation given to the Senior Resource Association to provide transit service in the county. Account Number 00111041-088230 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Supplemental Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS I. Authorizing Resolution for the Execution of a Public Transportation Supplemental Joint Participation Agreement 2. FDOT Public Transportation Supplemental Joint Participation Agreement 3. Grant Budget Form APPROVED AGENDA ITEM: FOR: ON a FACommunity Development\Users\MPO\Transit\Grants\5311\1617\sjpa staff report.docx 2 276 Indian River Co, Approved Date Admin. Legal �Q h Budget / Dept. Risk Mer. 2 276 RESOLUTION NO. 2016 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or the Federal Transit Administration Act of 1964, as amended; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Supplemental Joint Participation Agreement with the Florida Department of Transportation to obtain $66,583 in FY 2016/17 Formula Grants for Rural Areas (Section 5311) funds, for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Rural Area Formula Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairperson thereupon declared the resolution duly passed and adopted this 18th day of October , 2016. FACommunity Development\Users\MPO\Transit\Grants\5311\1617\sjpa resolution.docx Page 1 of 2 ATTAU NDT 1 27 RESOLUTION NO. 2016 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Bob Solari, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 18th day of October , 2016. Notary Public APPROVED AS TO LEGAL SUFFICIENCY SEAL: BY: 014" Dylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: I'll" Stan BolinAICP, Director Community Development Department FACommunity Development\USers\MPO\Transit\Grants\5311\161%jpa resolution.docx Page 2 of 2 278 Financial Project No.: 407182-2-84-01 (item-segment-pha se -sequence) Contract No.: ARQ46 CFDA Number: 20.509 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, made and entered into this Number 2 Fund: DU Function: 215 Federal No.: DUNS No.: 80-939-7102 CSFA Number: day of FLAIR Approp.: 088774 FLAIR Obj.: 790000 Org. Code: 55042010429 Vendor No.: by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River County Board of County Commissioners 1801 27th Street Vero Beach FL 32960 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 29 th day of December 2014 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 203.830.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Provide funding for public transportation in the non -urbanized area Section 5311 725-030-07 PUBLIC TRANSPORTATION 6111 Page 1 of 3 279 �r hr�e�f 2. 725-030-07 PUBLIC TRANSPORTATION 6/11 Page 2 o13 2.00 Project Cost: Paragraph 3.00 of said Agreement is • increased O decreased by $ 133,166.00 bringing the revised total cost of the project to $ 407.660.00 Paragraph 4.00 of said Agreement is • increased O decreased by $ 66.583.00 bringing the Department's revised total cost of the project to $ 203.830.00 3.00 Amended Exhibits: Exhibit(s) B & D of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 16.00 of said Agreement 12/30/2019 . 5.00 E -Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 280 Financial Project No. 407182-2-84-01 Contract No. AR046 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 12/29/2014 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY Indian River County Board of County Commissioners AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE APPROVED AS TO FORM AN- A SU IC BY ` WILLIAM K. BESAAAL DEPUTY COUNTY ATTORNEY FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Stacy Miller, P.E. DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE 725-030-07 PUBLIC TRANSPORTATION 6/11 Page 3 o13 281 Financial Project No, 407182-2-84-01 Contract No. ARQ46 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County Board of County Commissioners 1801 27th Street Vero Beach FL 32960 dated 12/30/2019 DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Provide funding for public transportation in the non -urbanized area Section 5311 Comments: Page 1 of 2 p 202 As Approved As Amended Net Change Project Cost $274,494.00 $407,660.00 $133,166.00 As Approved As Amended Net Fund DU DU DU Department: $137,247.00 $203,830.00 $66,583.00 Agency: $137,247.00 $203,830.00 $66,583.00 Federal: $ 0.00 $ 0.00 $ 0.00 Total Project Cost $274,494.00 $407,660.00 $133,166.00 Comments: Page 1 of 2 p 202 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY Amount 2014 $143,886.00 2015 $130,608.00 2016 $133,166.00 Page 2 of 2 04.911 GRANT NAME:_ 49 USC Ch. 53 Section 5311 (Formula Grants for Rural Areas) GRANT #:_ ARO46 AMOUNT OF GRANT: $66,583 DEPARTMENT RECEIVING GRANT: -Community Development (pass throuj4h to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990 1. Flow long is the grant for? Twelve Months Starting Date: January 1, 2017 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % Worker's Compensation 012.17 5. Grant match amount required: $ 33,291.50 $ TOTAL 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? $ Match consists of $33,291.50 in County funds already budgeted for public transportation and $33,291.50 in FDOT grant funds $ $ $ 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? $ $ (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries O11.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $33,291.50 Signature of Preparers zg � Date: 1 ' 10 - I (e ATTACHMENT 3284 Grant Amount Other Matching Costs Match Total First Year $66,583 $ $33,291.50 in local funds & $33,291.50 in FDOT grants $133,166 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparers zg � Date: 1 ' 10 - I (e ATTACHMENT 3284 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergency Servic FROM: Brian Burkeen, Assistant Fire Chief DATE: September 26, 2016 SUBJECT: Request from Stellar Transport for a Class E1 Certificate of Public Convenience and Necessity to provide Wheelchair and Non - Emergency Stretcher transports originating from Indian River County. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. Background: On August 31, 1995, the Transportation Disadvantaged Local Coordinating Board recommended to the County Commission that an ordinance be adopted to require a Certificate of Public Convenience and Necessity (COPCN) for the regulation of wheelchair services. On September 19, 1996, the Indian River County Board of County Commissioners approved regulations governing ambulance services as outlined in County Ordinance, Chapter 304, Life Support and Wheelchair services. Analysis: On July 29, 2016, Stellar Transport submitted an application for Class El Certificate of Public Convenience and Necessity to provide Wheelchair and Non -Emergency Stretcher transport service originating within Indian River County. Pursuant to the Indian River County Code referenced above, staff initiated an investigation to be made regarding the application and the need for the additional non -emergency transportation service in the County. There are three (3) other providers who hold a Class E1 certificate in the County as follows: American Ambulance All County Ambulance We Care of the Treasure Coast 285 At an informational meeting, which was held on September 15, 2016, all current providers. municipalities, and interested groups were invited to attend for the purpose of receiving information about the proposed service and discuss the need for additional service in the County. Only one current provider attended the meeting and they raised no concerns over the impacts generated by Stellar Transport. The required Public Hearing Notice was published in the Vero Beach Press Journal on September 30, 2016. Recommendation: Indian River County Ordinance, Chapter 304, Life Support and Wheelchair Services states that the issuance of a Certificate of Public Convenience and Necessity shall be regulated by additional needs of the public. Staff recommends that the Board of County Commissioners based upon the needs assessment as outlined in Indian River County Ordinance, Chapter 304.07, to approve and grant a Class "E1" COPCN to Stellar Transport for a period of two (2) years. Attachments: Referenced application Certificate of public notice publication APPROVED FOR AGENDA FOR: October 11, 2016 Indian River County pp ved I Date i0 S/6 Administrator BY:Legal ?Jason E. Brown Budget 1 X11 County Administrator P4• Risk Management [Department 286 VJM"` INDIAN RIVER COUNTY m ; DEPARTMENT OF EMERGENCY SERVICES 9c" 9P APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: ' DATE: APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. 11P:This is a new application; fee is attached. ❑ This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ _BLS _ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ❑ _BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ _BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ _BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E ❑ Wheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part/Or in whole either directly or indirectly w W government funds. Class E1v Wheelchair ✓ Wheelchair/Stretcher Ambulatory Transport Agencies at provide wheelchair vehicle service where said a d services are not paid for in part or in whole either directly or indirectly with government funds. U:1Beth\Beth Casano EOCICOPCNIRENEWAL PACKETSWPCN Application.doc i& 287 II. COMPANY DETAILS 1. NAME OF AGENCY: �11U r MAILING ADDRESS: X21 ��t }� bt S� ✓S U �( 23 CITYTZ±4LC2LI �o frx- COUNTY ZIP CODE: 32 b BUSINESS PHONE: 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): 3. MANAGER'S NAME:_ L01 s ayC. 4--,e_' ADDRESS: i��-` � Z" rd rr -- NAME PHONE #: -� ? I , y, f-, i 'I / -� L PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): ADDRESS POSITION 3z 3 5 � GLJ1C� 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE# UABeth\Beth Casano EOC\COPCMRENEWAL PACKETS\COPCN Application.doc 1/�U �, L, i� ll1,i-d R e, EG P(_R_ 5C o l 2 288 6. FUNDING SOURCE: % i ,-/Cl --"c �, 7. RATE SCHEDULE ATTACHED? YES ❑ NO ❑ N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT- 1 - ADIOS/EQUIPMENT: 1. RADIO FREQUENCY (ies) V,l- c, -r.,✓ Nb ►, — �bl lle Pbs J /.A- 2. RADIO CALL NUMBER(s) 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE U:1Beth\Beth Casano EOMCOPCMRENEWAL PACKETSICOPCN Application.doc FROM BASE STATION 3 289 V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or E1 APPLICANTS 1' Li IS �� �"5 , the representative of Applicant Name do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS 1' , the representative of Applicant Name Business Name of Service do hereby attest that the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. NATURE E Bef me personally appeared the said LL)15 A✓'r > who says t t h /she executed the above instrument of his/her own free will and accord, ith ull (q�r a pu s thereof. Sworn and subscribed in my presence this � day of 1 • Mycommission expires: NOTARY PUBLIC ��►� �o�^ Notary Public State of Florida U:%BethlBeth Casano EOCICOPCNIRENEWAL PACKETS\COPCN Application.doc Jane R Anderson s� My Commission FF 1917365 ��`orn.o Expires 02/27/2019 290 -T R A N S P� R T - Application 1.Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. There are many statements included in the attached documents pertinent to this request. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. We would like to service Indian River County. We provide wheelchair, stretcher and ambulatory transportation services. We operate all late model vehicles and they are all professionally maintained. As of the first week in August we will be 24 Hours but at the moment we offer 8am-8pm service with the ability to do appointments outside of this with prior notice. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4-5 including the management plan- - maintenance facilities- We use Gattos for all vehicle maintenance. As a VIP client they immediately address all repair issues and actually deliver the vehicles back to us. Our stretchers are also professionally serviced and maintained annually by IH Stretcher Maintenance out of Fort Lauderdale. They service many ambulance companies in Florida and stop at our facility when servicing local ambulance accounts. See also Page 9 of C- Indian River County Proposed service agreement -insurance program- Insurance is a huge part of an NEMT program and we use Rhodes Roper Love Insurance for our Vehicle and General Liability. I would also like to add that we are the only NEMT company in Brevard with a "Professional Liabilty Coverage" (requested by hospitals) Our "Workmans Comp" insurance is through AIG Also included is the "A -System safety plan" -accounting system- We use Quickbooks Online and Paychex for Payroll. system for handling complaints- See Page 13,14,15 of our C -Indian River County Proposed service agreement. 45t4!� -T R A N S P -system for handling accidents and injuries Please refer to "A -System Safety Plan" document included in this package - system for providing the county monthly operating reports and any other pertinent data you wish to be considered. Not exactly sure of what monthly reports are necessary but Stellar Transport will provide any information needed. 4-5 4. Copy of Standard Operating Procedures. Included in 3 different documents. "A -System Safety Plan", "B -Employee Handbook" and C -"Indian River Prosed Service Agreement" 5. Copy of Medical Protocols. Included in 3 different documents. "A -System Safety Plan", "B -Employee Handbook" and C -"Indian River Prosed Service Agreement" 6. Copy of your insurance policy — must show coverage limits Attached in package 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) See attached form labeled Vehicle information 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial See 1 page document titled "Personnel Roster' ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. We are applying for E class J�4 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges See attached titled "Stellar Price List 2016" Ac ��GERTIFfGATE OF � LIABILITY INSURANCE WIDD"m') THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION__. 13/2016 ONLY AND CONFERS NO RIGHTS UPON THE CERTIF6/3/201 CATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TH REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. E POLICIES W. BELOTHIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the POlicy(ies) must be endorsed. If SUBROGATION 13 WAIVED, subject to the terms and conditions of the Policy, certain Policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In [IOU of such endorsemen s . PRODUCER ?RL Insurance Agency NAMe._ Tara arne�.__ 1450 W. Eau Gallie Blvd., Suite 115 PHONE Aelbourne FL 32934 E � _ 77 me No -7 -7980 INSURED Stellar Transport, Inc. 301 E Hibiscus Blvd Melbourne FL 32901 COVERAGES STELTRA-01 B mavrcen t - CERTIFICATE NUMBER. 57068160 REVISION CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VEBFOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R TYPE OF INSURANCE D POLICY NUMBER POLICY EFF POLK Y EXP --- -- --- GENERAL LIABILITY {"1'YYY MM/DD LIMITS 627956361001 2/23/2016 2/23/2017 EACH OCCURRENCE 51,000,000 COMMERCIAL GENERAL LIABILITY AMA E T EN D — CLAIMS -MADE C] OCCUR PREMI ES a occurrence 5300,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Addl0—' Remarks Schedule, if more space is n>quired) !016 Dodge Caravan 3C6TRVPG8GE108457, W/ Mobility Uplift, Value $47,750 Ded $1,000 ?016 Dodge Caravan 2C4RDGBG3FR649241 Value $28,000 Ded $1,000 1015 Dodge Caravan 2C4RDGBG9GR140191 Value $37,999 Ded $1,000 !016 Dodge Grand Caravan, 2C4RDGBG2GR236616, value $38,714. Ded. $1,000 !016 Dodge Caravan SE, 2C4RDGBG4GR236617, value $35,309, Ded. $1,000 >ee Attached... - CANCELLATION 30 The Bancorp Bank SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 4307 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Timonium MD 21094 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 293 MEDEXP(An oneperson)L$3,LOOO,01 PERSONAL 8 ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY PRO- LOCPRODUCTS-COMP/OPAGGAUTOMOBILE LIABILITY H08707777001 2/23/2016 2/23/2017 ANY AUTO Ea accident 11,000,0( ALL OWNED CHEx SDULED BODILY INJURY (Per person) E AUTOS AUTOS NON -OWNED HIRED AUTOS BODILY INJURY (Per accidem) $ AUTOS PROPERTY DAMAGE Per accident 5 UMBRELLA UAB OCCUR $ EXCESS LIAR CLAIMS -MADE EACH OCCURRENCE $ DED RETENTION $ AGGREGATE $ WORKERS COMPENSATION $ AND EMPLOYERS' LIABILITY Y / N WC STATU- p7H_ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' ❑ N / A (Mandatory In NH) E.L. EACH ACCIDENT $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -EA EMPLOYE $ Professional Liability E.L. DISEASE - POLICY LIMIT $ 627958361001 2/23/2016 2/23/2017 $3,000,000 Occurrence $11,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Addl0—' Remarks Schedule, if more space is n>quired) !016 Dodge Caravan 3C6TRVPG8GE108457, W/ Mobility Uplift, Value $47,750 Ded $1,000 ?016 Dodge Caravan 2C4RDGBG3FR649241 Value $28,000 Ded $1,000 1015 Dodge Caravan 2C4RDGBG9GR140191 Value $37,999 Ded $1,000 !016 Dodge Grand Caravan, 2C4RDGBG2GR236616, value $38,714. Ded. $1,000 !016 Dodge Caravan SE, 2C4RDGBG4GR236617, value $35,309, Ded. $1,000 >ee Attached... - CANCELLATION 30 The Bancorp Bank SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 4307 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Timonium MD 21094 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 293 AGENCY CUSTOMER ID: STELTRA-01 LOC *: A` pRL>`� ADDITIONAL REMARKS SCHEDULE AGENCY RRL Insurance Agency qCODE MED INSURED llar Transport, 71nc.POLICY NUMBER 1 E IiIbISCUS BIlbourne FL 329 CARRIER TNAICFCTVc nntc. Page 1_ of 1 — "wo m%.vmu kvKvUKA I IUN. All rights reserved. The ACORD name and logo are registered marks of ACORD 294 7/29/2016 Van 12012 Ford 350 Econoline Van 2 2014 Ford 150 Econoline Van 3 2014 Ford 150 Econoline Van 4 2013 Dodge Caravan Van 5 2013 Dodge Caravan Van 6 2015 Dodge Caravan Van 7 2016 Dodge Caravan Van 8 2016 Ram Promaster Van 9 2016 Dodge Caravan Van 10 2016 Dodge Caravan Van 11 2016 Dodge Caravan Vehicle Maint..xlsx Mileage Plate VIN Cappacity 85,664 60,541 Stellr 1 Stelir 2 Vin#1FBNE3BL4CDA08989 VIN#1FTNS1EW9EDA82751 4 4 113,316 Stellr 3 VIN#1FTNS2EINXBOB35958 4 116,041 Stellr 4 VIN#2C4RDGDGSCR108779 6 116,859 Stellr 5 2C4RDGCG5CR153983 6 39,012 Stellr 6 VIN#2C4RDGBG3FR649241 3 26,490 Stellr 7 VIN#2C4RDGBG9GR140191 3 21,705 Stellr 8 557 4 11,852 Stellr 9 *NI#6TRVG8GE108 RDGBG2GR236616 3 5,000 Stelir 10 RDGBG2GR236616 5 2,500 Temp Tag 3 uL� tL Jt O:JChAor #Ati+ 10 N Q 295 https://us2s-exGel.officeapps.live.Gorn/x/_layouts/xiprintview.aspx?&sessionld=12.cafde97535441.A121.1.E38. http%3A%2F%2Ffier 1 %3Fid%3DSD37OA2B31 BF... 1/1 _ J LL J J LL m J LL I x 1� O N rnLL O Cn m 10 W CO X c� tO (n n x Z co N - co to x O N X CO � � x cO � F_ N XO m ��oo j�0 O) m din XO N SMO W a x m� m y xotn COO N Xr� E m ix W X .- ` O c d X N= F- C mZ�J a Cn m LL O � sZ y x J t` w x2 ? 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LL co .Q _ a N co O r r _ O r N M M O N M - (D m a =� O m d__ LD J J .Ji LL LL LL i M U)! oxO _ O xl � m arH COX _ OC14F- m! m FI O m J c X x 4) 6) X O m17 x@ :n X (nf 3: X z Q Zi --Lcz-LL c x=Z EZ°�'-� X c x^�I c0�oCO1L No m0NLL Utn"o .c Z� o�oo� -a -COO aT d CO L 01 n NO to 2 CO L Ot Q�a -m r O .`1 2t _ ZQm[A- c W L, J LL J LL J _ O _LL LL LL LL LL J c In Q Q Q Q Q LL t a I- x m I— CO� m � m D N c Fm Lo O rn O) O ^ N F'- txy CO N x p N'm m O m x O Fm- C^ x CO" �` H X m O N x U) d Xo m N O MO to m N o m In v a? m _oOF Boa x x (n x O CL ?C m to x Q X O N X CO N of ry N G/ N u7 x Z X z U) X= O X O V X d M Y x O X fn am) X o N m (n O L Z J �. Q CO J Z `- LL O x to Z U Z J x Z C Z CO J t X m Z U N N x Z m J Q x Z N x C X o O x =Z M CD 01 r Q LL Ino Cyr N m�N.-- EQN ZCnrl`L (nr iA �U. 7Q Z W J n -U) EZ L0 ON to '.� CZrLL ? N mZ0J MUY r.N 00 l!) �nO N vi�n0 rCOO N �CnOON >; M NCn�N O7�r F-tnrOir QU) OU) Cn`O CD2- OO _C S fn vi `7 ` O ._ m SOL 01 O r c OI T N OC N �1 V tp0 D) c.. L Ol _ (D: r m M 't _ _N �O)�O N V Q .0 3 -----_� - �Om� - -- - gyp •=._ Stn ..rc u) iT) N E -.gym �- m� m OEmo c cc) M c - --- -9 �Lmin o 296 -1 R A N S P C R 7 - Stellar Price list 2016 Rates during normal business hours are: In County one way trips: (On Campus Mileage Included) Wheelchair Oversized wheelchair (possible 2 man crew) Stretcher (two man crew) Stretcher Bariatric (Up to 5 People Dep on Size) In County round Trips: Wheelchair Oversized wheelchair Stretcher (two man crew) Out of County one way trip: Wheelchair Stretcher Out of County round trip: Wheelchair Stretcher Transport Dialysis 3 Trips per week: Wheelchair Stretcher $50 (up to 275lbs) $60 (up to 400lbs) $95 (up to 275lbs) $199 (275-450lbs size depending) $85 $95 $155 (Call for pricing) (Call for pricing) (Call for pricing) (Call for pricing) $199 Per Week $299 Per Week Cancellation Policy: No cancellation fee will be charged unless cancelled within one hour of scheduled service. The charge for cancelling within one hour will be half of scheduled service price. Additional Fee: Additional Miles $3.30 per mile Wait Time $10 Per 15 minutes of wait time Rates are 1.5 times before and after normal hours of operation, weekends and holidays. Please call ahead for more information. Prices are subject to change according to current gas pricing and you will be notified of any price change ahead of time. Upon receiving billing invoice please admit payment within 30 days. Thank you for your business. Our commitment to you and all patients is to always provide Stellar service! Hours of Operation Monday -Friday 8AM-6PM Saturday & Sunday 10PM-5PM 365 Days a Year! 24 Hour service available with prior appointment. !ZA] Treasure coast N���� I TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached ropy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Copyllne PO # 461741 - INDIAN RIVER CO ATTORNEYS OFC 1285271 Meeting: 10/11/16: Stellar Transport Meeting 10/11/16 Pub Dates September 30, 2016 S n tan subscribed before '�day September 29, 2016, by who is Sherri Cipriani (X) personally known to me or '�y I ) who has produced Sandra Coldren Notary Public tip...'!..... SANDRACOLDREN �= MY COMMISSION # FF 004035 EXPIRES: April 1 2017 Bonded Thru Notary Public Underwriters as identification. OCT 0 3 2016 aq7-A-1 6E Friday, September 30 2016 Treasure Coast Newspapers Notice To Creditors Notice TO Creditors Florida IaF "N"n,11:k 5812 A1.116.0 tld ,In �/ M 9 r,Cb rt ed havl 9 claims dem d 26015th apalnsI tlecedents estate TeBeach,Florida 32960 t !de Meir otone with lephone (-3400 thizcourt WITHIN)MONTHS EaMa'113 bar0aLapowerWver- FIRST FIR.CAT ON OF TATE or HIS obeacMaw.Co. OTIC' Pub: September 30, October ALL CLAIMS NOT FILED WITH- TCN1218o29 N THE TIME PERIODS SET FORTH IN SECTION )33.]02 OF THE GLORH A PROBATE CODE WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE Nv CLAIM FRED TWO D) IN THE CIRCUIT COURT FOR YE ARS OR MORE AF TER THE ST, LUCIE COUNTY. FLORIDA DECEDENT'S DATE OF DEATH PROBATE DIVISION IS BARRED, 1¢ Number 16999 CP Publication nate: September E3, 26'16 and September 30. IN RE: ESTATE OF 2016. STEPHEN D, SABEGM. person) Re Deceased. beetE�wrlly—y NOTICETO CREDITORS Indi91 "I'le"orlda 3 90l The 11 ST P"i f he AAttorneey for Personal k d a sea"wAoz onto eprrepe taI f death was 8/26/3016, N FlorGeoida Bar No. 01009]664 pehSty in the Circuli Court Th Slonim Lew Fbm, P.A. 1btt ¢County, Florida, Ilio N.Wickhom Road,9udeA r""""oo°9°phe i0o6fort MJbe me Florida 37335 Pie e. Florida 3495°. 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W.I. - S..thb.bd R remod, nW AC/r-Aitch ?8th, 5creened porch. $1491(: All auctions held an site Saturday, Oct 1 ]1-6314 2r -b Id 12.330] 10;00 AM OpeA NarMNe SauaEeemrdaf 3-1 5160 SE Ten9erine Blvd 15 05 Citrus Ave. Vl po Ilblo Ird, newmetal HGTV'z Dot nothing on this homel Every0 I ew impaclwindaws, needs work. nB renov from roof to pnnklersl uDgrad dint W(Ullde launtlry/sµnk. 5109N WAS AM (56U 309-685] eb Id13.0.91 VEW-BEACH-VV2 MODERN 908 Avenue B 3/l frame home on 19 corner lot,presentlyboarded u0- OPEN LAYOUT CATHEDRAL CDUNG, CENTRAL -A. ALL APPLS. LARGE YARD, TREES. MINUTES TO SCHOOLS TERMS. 1096 Bu set's Premium dayy o/sale. Balance Eue at SHOPPING 5190,000 CALL 711-299-5358 #1350138 30 day losing. Pr Lew. Hour Priem 5-02 Vero Beach N Cal72017 ABSOLUTE lacobsonA1c1"6@a AUCTION: ABlll AU331 RREerat� to .0 AParlm is FMmtSnee RT PIN - IBR, Living D d kitchen. i.G Nr - a had. AlUMities MGUded. SM Com 855 Comp Pointe C'S Satellite N, t location. 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Stuart 897-A-a INDIAN RIVER COUNTY, FLORIDA 10h " MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Stan Boling, I P; Community Development Director DATE: October 11, 2016 SUBJECT: FINAL HEARING: 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 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 18, 2016. BACKGROUND On September 20, 2016, the Board of County Commissioners (Board) conducted the first of two public hearings to consider a land development regulation (LDR) amendment establishing medical marijuana treatment center regulations. The impetus for the regulations is the medical marijuana constitutional amendment (Amendment 2) which may be passed by the voters next month. At its September 20, 2016 hearing, the Board considered the proposed LDR amendment and by a 5 — 0 vote set the second, final hearing to consider adoption of the LDR amendment at the October 11, 2016 regular meeting (see attachment 1). The final hearing was properly advertised and scheduled for the October 11, 2016 Board meeting. Due to hurricane impacts, the Board determined to open the public hearing at the October 11 th meeting, take public comment, postpone action, and continue the public hearing to the October 18, 2016 Board meeting. Staff s analysis and recommendation remain the same as presented for the October 11 tb Board meeting, and are re -presented herein for convenient reference. The Board is now to conduct the final hearing and consider adoption of the proposed ordinance. MAAGENDA\Current Year\2016\Public Hearing No 2 - medical marijuana 101816.docx 1 298 ANALYSIS At the September 20, 2016 hearing, Board members indicated support for the ordinance and there was a brief discussion regarding the proposed definition of"medical marijuana treatment center" and regulation of marijuana cultivation. After the hearing, staff and the County Attorney revisited the proposed definition of "medical marijuana treatment center" and determined that the definition could be made more clear by specifying which "Department" is referred to with respect to treatment center registration. That department is the Department of Health or its successor agency. Consequently, staff has added the Department of Health reference to the definition of "Medical Marijuana Treatment Center". That change appears on page 1 of the proposed ordinance (see attachment 3). All other aspects of the LDR amendment ordinance remain the same as presented at the September 20, 2016 hearing. With respect to marijuana cultivation, the County Attorney has determined that if the Board wishes to clarify that it is prohibiting marijuana cultivation in the County, it should do so via an amendment to Chapter 315, the County's Pain Management Clinic and Controlled Substances ordinance. To that end, the County Attorney seeks the Board's authorization to allow staff to advertise for a public hearing to amend Chapter 315. That amendment will include a prohibition on the cultivation of marijuana and the same clarification to the definition of "medical marijuana treatment center" (referencing the Department of Health) now incorporated into the proposed LDR amendment. See the attached memo from the County Attorney (attachment 2). RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Adopt the proposed LDR amendment ordinance; and 2. Authorize the County Attorney to advertise for a public hearing for an ordinance amending Chapter 315. Attachments: 1. Excerpt of September 20, 2016 BCC Minutes 2. Memo from County Attorney (includes draft changes to Chapter 315) 3. Proposed LDR Amendment Ordinance APPROVED AGENDA ITEM: BY: Indian River Co, Apprpld Dat Admin. Legal Budget 1011-3, 1 Ilk- 6Legal p Dept. Risk Mgr. M:WGENDA\Current Year\2016\Public Hearing No 2 - medical marijuana 101816.docx 2 299 Board of County Commissioners Meeting Minutes - Draft September 20, 2016 4. 16-723 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) Attachments: Staff Report Background Article and 2016 Medical Marijuana Constitutional Amendment (Amendment 2) Ballot Language Minutes from April 5, 2016 BCC Meeting Indian River County Pain Management Clinic 2016 Ordinance 2015 Planning Magazine Article: "High and Lows in the Wake of Legalization" 2014 Chart Comparing Proposed Medical Marijuana Regulations (LDRs) State Marijuana Laws Map and Background Article Minutes from August 11. 2016 Planning & Zoning Commission Meeting Proposed LDR Amendment 2016 Ordinance Director Boling provided background and analysis regarding the amendments to Chapters 901, 911 and 971 of the Land Development Regulations (LDRs). The Board sought and received information from staff regarding the proposed amendments. The Chairman opened the public hearing. Joseph Paladin, President of Black Swan Consulting and Entitlement, LLC, supported the proposed ordinance. Bob Johnson, Coral Wind Subdivision, opposed the amendments to the LDRs and urged the Board to be cautious when establishing regulations for medical marijuana. Lou Aprile, Citrus Springs, sought and received information from staff regarding the cultivation, administration, and consumption of marijuana at a pain management clinics and treatment centers. Wanda Scott, 4306 26th Avenue, asked that Gifford be considered for a medical distribution center. There being no additional speakers, the Chairman closed the public hearing. A motion was made by Commissioner O'Bryan, seconded by Chairman Solari, authorizing staff to bring the proposed Ordinance back to the Board for a second final adoption hearing at the Board of County Commission meeting of October 11, 2016. The motion carried by the following vote: Indian River County Florida Page 1 Printed on 1013/2016 Attachment 1 300 Board of County Commissioners Meeting Minutes -Draft September 20, 2016 Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc Indian River County Florida Page 2 Printed on 10/312016 Attachment 1 301 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Katc Pingolt Cotner, Assistant County Attorney Qf ce of INDIAN MEMORANDUM RIVER COUNTY TO: Stan Boling, Director, Community Development Department FROM: Dylan Reingold, County Attorney Y' DATE: September 29, 2016 r SUBJECT: Medical Marijuana Treatment Centers ATTORNEY As the Indian River County Board of County Commissioners (the "Board') considers adopting land development regulations concerning medical marijuana treatment centers under Amendment 2, I recommend that the Board consider authorizing staff to advertise for a public hearing for an ordinance amending the Indian River County Pain Management Clinic and Controlled Substances Ordinance, Chapter 315 of the Indian River County Code of Ordinances (the "Ordinance"), to clarify some of the language within the Ordinance, including the definition of a medical marijuana treatment center and that cultivation of marijuana is prohibited. Please note that pursuant to section 381.986(8) of the Florida Statutes, the state has preempted "f a]ll matters regarding the regulation of the cultivation and processing of medical cannabis or low -THC cannabis by dispensing organizations " Thus, I recommend excepting cultivation for such limited purposes. Please find attached draft language for an ordinance concerning Medical Marijuana Treatment Centers. As section 381.986, Florida Statutes, addresses low - THC and medical cannabis, I recommend that any potential regulations concerning such uses be addressed under a separate discussion item. F:19110rneylDylanlMemo to Stan Boling - Medicol Mar#uana Treabnent Center.doc Attachment 2 302 Section 315.02. - Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (1) Pain management clinic shall mean any publicly or privately owned facility: that advertises in any medium for any type of pain management services; or where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain; or any medical marijuana treatment center as defined below, unless: a. The clinic is licensed as a facility pursuant to F.S. Ch. 395; b. The majority of physicians who provide services in the clinic primarily provide surgical services; C. The clinic is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded fifty million dollars ($50,000,000.00); d. The clinic is affiliated with an accredited medical school at which training is provided for medical students, residents or fellows; e. The clinic does not prescribe or dispense marijuana or controlled substances for the treatment of pain; or f. The clinic is owned by a corporate entity exempt from federal taxation under 26 USC section 501(c)(3). Any clinic or facility meeting the definition above shall be considered a pain management clinic, regardless of its use of any other descriptive name, such as a center for "wellness," "detox," "detoxification," "urgent care," etc. (2) Applicable law shall mean this Code, applicable Florida law, including, without limitation, rules and regulations promulgated by the Florida Department of Health, the Florida Board of Medicine, the Florida Board of Osteopathic Medicine, the Florida Board of Pharmacy, and .applicable federal law. (3) Board shall mean the Indian River County Board of County Commissioners. (4) Controlled substance shall mean a controlled substance listed in Schedules II, III, or IV in F.S. § 893.03. (5) Chronic nonmalignant pain shall mean pain unrelated to cancer or rheumatoid arthritis which persists beyond the usual course of disease or the injury that is the cause of the pain or more than ninety (90) days after surgery. (6) Department shall mean the Indian River County Community Development Department. (7) Marijuana shall mean cannabis as defined in F.S. § 893.02(3). The term shall include "low -THC cannabis," as defined in F.S. § 381.986(1)(b). (8) Medical marijuana treatment center shall mean an entity that acquires, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes or dispenses marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the depar4me A Department of Health or its successor agency, pursuant to Article X, Section 29 of the Florida Constitution. Attachment 2 303 (9) Pharmacy shall mean any pharmacy that is subject to licensure or regulation by the Florida Department of Health under F.S. Ch. 465, and dispenses controlled substances in Indian River County. (10)Pain clinic responsible party shall mean any person or entity which owns, in whole or in part, or operates a pain management clinic; any person who manages or supervises the operations of a pain management clinic; any person who has been designated as the responsible physician or osteopathic physician for a pain management clinic, pursuant to F.S. § 458.3265(1)(c) or 459.0137(1)(c), and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter. (11)Pharmacy responsible party shall mean any person or entity which owns, in whole or in part, or operates a pharmacy engaged in activity regulated or prohibited by this chapter; any person who manages or supervises any activity regulated or prohibited by this chapter; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter. (12)Qualified pain management clinic shall mean: a. A pain management clinic which is wholly owned and operated by one (1) or more board-certified anesthesiologists, physiatrists, or neurologists; or b. A pain management clinic which is wholly owned and operated by one (1) or more board-certified medical specialists who have also completed fellowships in pain medicine approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or who are also board-certified in pain medicine by a board approved by the American'Board of Medi cal"Specialties or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes. Except as otherwise provided, a qualified pain management clinic shall be deemed to be a pain management clinic for all purposes set forth herein. Section 315.03. - Prohibited activities. Each of following activities shall be prohibited and shall constitute a violation of this Code: (1) Operation of a pain management clinic without a valid and current permit issued pursuant to section 315.04; (2) Operation of a pain management clinic without a valid and current business tax receipt; (3) Operation of a pain management clinic without a valid and current registration pursuant to F.S. § 458.3265 or 459.0137, or registered by the department of health or its successor agency, pursuant to Article X, Section 29 of the Florida Constitution, unless such clinic is exempt from registration under such statute or the Florida Constitution: (4) Submittal of a permit application, any sworn statement, or any other information required by this chapter, which contains materially false information; (5) Operation of a pain management clinic in violation of a sworn statement submitted to pursuant to sections 315.04 or 315.05; (6) Operation of a pain management clinic or pharmacy in violation of applicable law; (7) Prescribing or dispensing of controlled substances or marijuana in violation of applicable law; Attachment 2 304 (8) Activity within a pain management clinic with respect to a controlled substance in violation of the standards of practice set forth in F.S. § 456.44(3); (9) Operation of a pain management clinic in violation of the facility and physical operations requirements, the infection control requirements, the health and safety requirements, the quality assurance requirements or the data collection and reporting requirements set forth in sections F.S. §§ 458.3265(2)(f)—(j) and 459.0137(2)(f)—(j), as applicable; (10)Prescribing, administering or dispensing a controlled substance without a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration; (11)Operation of a pain management clinic or pharmacy in a manner which allows, permits or encourages persons to stand, sit (including inside parked cars), gather or loiter in or about the clinic's parking area, for a period of time exceeding that which is reasonably required to arrive and depart the parking area, and to walk to and from the parking area and the clinic; (12)Continued leasing or permitted use of a property or structure which is used as a pain management clinic or pharmacy if (a) the landlord or property owner knows or, through the exercise of reasonable care should know, that the clinic or pharmacy is being operated in violation of applicable law, and (b) despite the passage of a reasonable period of time to do so, the landlord or property owner has failed or refused to take reasonable measures to stop or prevent the continued illegal activity on the premises; (13)Failure to advise the department of any change in any information, statements, facts or circumstances, as required by subsection 315.04(10); (14) Administration or consumption of marijuana at a pain management clinic, including but not limited to Medical Marijuana Treatment Centers; or (15)Operating a medical marijuana treatment center that is not wholly owned and operated by one (1) or more: a. < Board-certified anesthesiologists, physiatrists, or neurologists; or b. Board=certified medical specialists who have also completed fellowships in pain medicine approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or who are also board-certified in pain medicine by a board approved .by the American Board of Medical Specialties or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes. (16)Cultivation of manivana except as specifically authorized per section 381986 Florida Statutes. Attachment 2 305 ORDINANCE 2016 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES; BY AMENDING SECTION 901.03, ESTABLISHING THE DEFINITION FOR "MARIJUANA" AND :MEDICAL MARIJUANA TREATMENT CENTER"; BY AMENDING SECTION 911.11(4), INDUSTRIAL USES; BY AMENDING SECTION 971.13, COMMERCIAL USES TO ESTABLISH CRITERIA FOR MEDICAL MARIJUANA TREATMENT CENTERS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03, To Establish Definitions of "Marijuana" and "Medical Marijuana Treatment Center"; as follows: Mariivana shall mean cannabis as defined in Section 893.02(3), Florida Statutes The term shall include "low -THC cannabis," as defined in Section 381 986(1)(b) Medical Marijuana Treatment Center shall mean an entity that acquires possesses, processes (including development of related products such as food, tinctures, aerosols oils, or ointments), transfers, transports, sells, distributes or dispenses marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the Department of Health or its successor agency, pursuant to Article X, Section 29 of the Florida Constitution SECTION #2: Amend LDR Section 911.11(4), Industrial Uses, to add Medical Marijuana Distribution Facilities, as follows: (4) Uses. Uses in the industrial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings. Use Agriculture Agricultural Production Crops District IIL IIG Bold Underline: Additions to Ordinance 1 Strike threugh= Deleted Text from Existing Ordinance Attachment 3 F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-_ MedicalMarijuana.docx 306 ORDINANCE 2016 - Horticultural and landscape !Plants and specialties Mulch products and services Kennels and animal boarding 1P p P P p p Services ----------------- j Farm labor and management services - Landscape services P p p p ;Veterinary services —Tp " p — Commercial fisheries p Commercial Construction IGeneral building contractors p p Special trade contractors p P !Personal Services j Linen supply p _ Carpet and upholstery cleaning P - Dry cleaning plants — —�p--- p ! _ Crematoriums Auto Repair, Services and Parking �- iAutomobile parking and storage _ T - J Automobile Repair Body and paint shops !General automotive repair Carwashes Miscellaneous Repairs P P P P P - Electrical repair Reupholstery and furniture P P P P Welding Heavy machinery Social Services ---T Job training services Wholesale Trade !Durable goods (not including demolition debris site, junkyard, recycling center) —P P P P P - P IP P� Bold Underline: Additions to Ordinance 2 StFike!hreuo! Deleted Text from Existing Ordinance Attachment 3 F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-_ MedicalMarijuana.docx 307 ORDINANCE 2016 - !Non -durable goods -lp Auction facilities, unenclosed S _ Flea market ,Recycling center (including vegetation debris mulching) -_- Auto and home supply stores A p A _ Gasoline service stations p S Boat dealers p _ ;Recreational vehicle dealers �p- _ Motorcycle dealers +Automobile sales (new and/or used) p p _ Automotive fluid sales and services (other than gasoline) - A Retail Trade Convenience stores !Medical Marijuana Treatment Center Amusement and Recreation !Enclosed commercial amusements, gyms, dance studios p p _ i p __^_ Eating and Drinking Establishments -�� I Restaurants p ! Take out restaurants p p �DDrrive through Bar' sand lounges ------- ---__. ------ ___-- _ I P _ _ Bottle clubsi � -- ---'-- ---- ----_---- p Fuel dealers - Adult entertainment facilities -is- p p S iMarine-Related Commercial Activities Boat sales and rental ^Tp_ J Commercial marina p Marine repair and services p p Industrial _ 1 Manufacturing 'Food and kindred products �p Tobacco products Fruit and vegetable juice extraction -- _ -_ �- p p p A P Bold Underline: Additions to Ordinance 3 Sir -WS &Bugir: Deleted Text from Existing Ordinance Attachment 3 F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-_ MedicalMarijuana.docx 308 ORDINANCE 2016 - Fruit and vegetable packing houses Textile products Lumber and wood Furniture and fixtures Paper manufacturing IA p p p + p 1 p p p Printing and related support activities v� _ — _ ----P I Chemicals _ p p t oleum products ^_ T — —' -_ - Rubber and plastics Tires _ p p p I _ Rubber and plastic footwear p p Hose, belts, gaskets and packing p p Fabricated rubber products P p Drugs and pharmaceuticals P P Nanning and finishing _ p Footwear p p Other leather goods p p !Brick and the p !,Glass das nn glass products p� Cement and concrete products - P Other nonmetallic mineral products - P Primary metal industries Fabricated metal_products !Machine shops I P P P P P Industrial machinery and equipment - P ,Electronic and other electric equipment - P —P Transportation equipment - P Instruments and related products P P Junk and salvage yards — S S Demolition debris site Transportation and Utilities 'Airports/airstrips Heliports/helipads S S S S Bold Underline: Additions to Ordinance 4 Strike thmug#= Deleted Text from Existing Ordinance Attachment 3 F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-- Medical Marijuana.docx 309 ORDINANCE 2016 - Railroad and bus transportation services Trucking and courier services Commercial warehousing & storage - !Moving and storage Trucking terminals Self storage _ ' _ p p p p� P p P p { p p i P �Ip Outdoor storage i -- p p _ Vehicle storage lot (paved/unpaved)' p p Postal services p p 1 Water transport services------�p _ Air transport services Pipelines p p _ p Transportation Services !Communications towers (wireless facilities including cell towers) A' IA3 !Communications towers (non -wireless facilities including TV and radio broadcast j towers) --�-j Amateur radio (accessory use) L Less than 80 feet p p — 80 feet or taller (see 971.44(4) for special criteria) S S l Commercial U� p to 70 feet: Camouflaged ! Non -camouflaged �p p p p ! 70 feet to 150 feet: 1 Camouflaged I A A 1 Monopole (minimum of 2 users) A A _ j Not camouflaged and not monopole A/S * A/S * ! Over 150 feet: All tower types (see 971.44(1) for special criteria) S S Freight transport arrangement -- -� I Utilities —-- p p Public and private utilities, heavy S S Gas services p p Bold Underline: Additions to Ordinance 5 Strike-tluexgh: Deleted Text from Existing Ordinance Attachment 3 F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-_ MedicalMarijuana.docx 310 ORDINANCE 2016 - Electric services Water services Sanitary services Irrigation systems Residential Uses Accessory housing (watchmen) IP I` —TP P IP P P P P ► m P= Permitted use A= Administrative permit use S= Special exception use 'The requirements of section 917.06(11) of the accessory uses and structures chapter, shall apply to towers less than seventy (70) feet. 2 Standards for unpaved vehicle storage lots are found in section 954.08(6). 3 For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. *See 971.44(4) to determine whether the administrative permit or special exception use process applies. SECTION #3: Amend LDR Section 971.13, Commercial Uses, to Establish Criteria for Medical Marijuana Treatment Centers, as follows: (6) Medical Marijuana Treatment Center (administrative permit). (a) Districts requiring administrative permit use approval (pursuant to the provisions of 971.04): IG. (b) Additional information requirements: 1. Provide a site plan meeting all the requirements of Chapter 914- 2. Provide in written form information required for a pain management clinic under County Code Chapter 315. (c) Criteria for medical marijuana treatment centers: 1. No medical marijuana treatment center shall be located within the WGIC (West Gifford Industrial and Commerce) overlay area as described in Section 911.23; 2. No medical marijuana treatment center shall be located west of 66th Avenue; 3. No medical marijuana treatment center site shall be located within 1,000 feet of a primary or a secondary school site, a child care facility Bold Underline: Additions to Ordinance 6 StFike 114MUghi Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-_ MedicalMarijuana.docx Attachment 3 311 ORDINANCE 2016 - site, a public park site, or another medical marijuana treatment center site; 4. No medical marijuana treatment center site shall be located within 500 feet of a residential zoning district, a property with a Public or a residential land use designation, or within 200 feet of a Thoroughfare Plan road right-of-way (collector or arterial road), 5. No medical marijuana treatment center site shall be designed for or operated to provide drive-through service; 6. On-site consumption of marijuana or alcoholic beverages on a medical mariivana treatment center site is prohibited 7. Cultivation of marijuana on a medical marijuana treatment center site is prohibited; 8. Hours of operation for a medical marijuana treatment center shall be limited to 8 am — 7 pm Monday through Friday and 8 am — Noon on Saturdays and Sundays; 9. Loitering on a medical maruuana treatment center site is prohibited The applicant shall provide treatment center plans, including operational plans, that demonstrate how loitering will be discouraged on the treatment center site. 10. The medical marijuana treatment center shall be designed and operated in a manner that prevents the odor of mariivana from escaping the treatment center building. 11. To the maximum extent possible, the treatment center shall be designed and operated in a manner that incorporates security measures recommended by the Sheriffs Office. 12. Parking shall be provided at the rate applicable to a medical office 13. The medical marijuana treatment center shall comply with applicable requirements of County Code Chapter 315. SECTION #4: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. Bold Underline: Additions to Ordinance 7 SNike through: Deleted Text from Existing Ordinance Attachment 3 F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-_ Medical Marij uana.docx 312 ORDINANCE 2016 - SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word 'ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 5th day of September, 2016, for a public hearing to be held on the 20th day of September, 2016, and on the 26th day of September, 2016 for a second public hearing to be held on the I I 1 day of October, 2016, at which time the public hearing was opened and it was moved to be continued on October 18, 2016, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY MN Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller : Deputy Clerk Bold Underline: Additions to Ordinance 8 Deleted Text from Existing Ordinance Attachment 3 F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-_ MedicalMarijuana.docx 313 ORDINANCE 2016 - This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP;,�ommunity Development Director Hold Underline: Additions to Ordinance 9 SaikeNfeu& Deleted Text from Existing Ordinance Attachment 3 F:\Community Developmcnt\CurDev\Ordinances\2016 Ordinances\2016-_ NledicalMarijuana.docx 314 FINAL HEARING 2016 LDR Amendment Establishing Regulations for Medical Marijuana Treatment Centers Board of County Commissioners October 18, 2016 • 2016 Amendment 2 Medical Marijuana provision on the ballot with a few aVustments: if it passes could still result in dispensaries locally • April 5, 2016 BCC directed staff to update Pain Management Clinic Ordinance (done) and amend LDRs in similar fashion as 2014 initiative (in progress) • Rationale: get local restrictions and regulations in place before state rule-making begins. Adopted local regulations may be recognized (grandfathered -in) by state. • Proposed ordinance can be adopted by BCC ahead of November 2016 vote; can be repealed if Amendment 2 fails (falls short of 60% support) • Proposed 2016 ordinance regulates "medical marijuana treatment centers" defined as an entity that acquires, transfers, sells or dispenses medical marijuana PROPOSED COUNTY LDR • Limits medical marijuana treatment centers to a few sites zoned IG (General Industrial) as administrative permit use - Not in WGIC (West Gifford Industrial & Commerce) - 1,000' separation distance from schools, child care, parks, other medical marijuana facilities. - 500' from residential and public designated/zoned sites. - 200' from Thoroughfare Plan road - Not located west of 66th Avenue PROPOSED COUNTY LDR (Cont'd) - Prohibits drive-through, loitering, on-site cultivation, on-site consumption of marijuana and alcoholic beverages - Limits hours of operation and requires security measures recommended by Sheriff's Office - Requires PZC approval as administrative permit use (approval conditions may be attached) - Changes list of allowed uses: requires 2 BCC hearings t xxw � i 4 E k ♦ ♦ .r ry a' � a w,i yw♦ #. ... tx `� r .,tea y. � r •August 11, 2016: PZC voted to recommend that the BCC adopt the proposed ordinance •September 20, 2016: BCC held first hearing and voted 5 — 0 to bring back for final hearing to adopt ordinance •October 11, 2016: BCC opened hearing, took public comment, postponed action, continued hearing to October 18, 2016 BCC meeting Changes since September 20, 2016 hearing: • Specified Department of Health in definition of "medical marijuana treatment center" • Determined need to amend Chapter 315 to amend definition of "medical marijuana treatment center" and to clarify prohibition on marijuana cultivation RECOMMENDATION That the BCC: 1. Adopt the proposed LDR amendment ordinance 2. Authorize County Attorney to advertise for a public hearing to amend Chapter 315 Indian River Press Journal State of Florida County of Indian River Before the undersigned authority appeared Kimberly Piston who on oath says the he/she is Account Manager at the INDIAN RIVER PRESS JOURNAL, a daily newspaper published at Vero Beach in Indian River County, Florida, that an advertisement, for / 9r r 4%n measuring column inches, was published in the INDIAN RIVE RESS JOURNAL ( personally known to me ( )who has produced Sworn to and subscribed before me this / 0JLA day of Notary Public as identification A.D. a -o / G �a+'PN''•. KATHALEENWHITE MY COMMISSION # FF 180190 EXPIRES: February 5, 2019 fP Bonded Thru Notary Public Underwriters [D. A-�,- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard, in the County Commission Chambers of the County Administration Building located at 1801 27th Street, Vero Beach, Florida, on Tuesday, October 11, 2016 at 9:00 a.m. to consider adoption of an ordinance; entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES, BY ESTABLISHING REGULATIONS FOR MEDICAL MARIJUANA TREATMENT CENTERS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. Said ordinance, if adopted, will establish land development regulations for medical marijuana treatment centers, including but not limited to locational and design criteria, and review process. A draft of the proposed ordinance is available to be inspected by the public at the Planning Division office located in the community development division of the County Administration Complex Building "A", located at 1801 27th Street. 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 testimony and evidence upon which the appeal is based. Please direct planning -related questions to the current development section at 226-1237. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING INDIANRIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Bob Solari, Chairman INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office, PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102 07(2)• limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: The Laurels Community Association Inc. ADDRESS: 800 39"' Ave PHONE: 772-226-7994 Much needed repairs in our community. Entrance repairs, Sidewalk SUBJECT MATTER FOR DISCUSSION: repairs, Regrading of 4000 block of 9`s lane for proper drainage, Change sidewalks so they are handicap accessible IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? � �1�1�>�,,��f in�✓S l���� S,^/� ���5. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YESNO a WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? To be decided Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Band Delivered Phone CUUNTY ADMINISf'RATOR: L MEETING O 315 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b)• as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Wanda Scott, Gifford Economic Development Council ADDRESS: 430626 Ih Avenue, Vero Beach PHONE: 453-3181 SUBJECT MATTER FOR DISCUSSION: Updating Gifford Community Activities IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1 YES Fx I NO IS THIS AN APPEAL OF A DECISION F-1 YES Fx —1 NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1-1 YES F-1 NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered X Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: October la, 2016 FACounty Admin\ExecAsstWGENDA\Public Discussion Items Form doe 316 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Brian Heady ADDRESS: 406 19`h Street, Vero Beach PHONE: 772-696-4242 SUBJECT MATTER FOR DISCUSSION: Elected Official Doing the Right Thing IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1 YES Fx__1 NO IS THIS AN APPEAL OF A DECISION F-1 YES IXNO WHAT RESOLUTION ARE YOU Positive Commission action REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? a YES D NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Commissioners' Salaries Transmitted to Administrator Via: Interactive Web Form X E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown October 18, 2016 Documem_ 317 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES f /` Date: September 28, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Terry Southard, Operations Manager k) S Subject: Approval of Bid Award for IRC Bid No. 2017011 Annual Bid to Maintain and Operate the West Regional WWTF Wetlands System bAk_KUKU UAD At the request of the Utilities Department, IRC Purchasing Division requested the solicitation of competitive sealed bids for an annual fee in regard to the maintenance and operation of the West Regional Wastewater Treatment Facility (WWTF) Wetlands System. IRC Purchasing Division opened the bids on September 9, 2016. This bid will be awarded for an initial one year period and may be renewed for two additional one-year periods, subject to vendor acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of the county. BID RESULTS Bidders Name Annual Fee Wetland Solutions, Inc. $32,500.00 Ecotech Consultants, Inc. $34,000.00 Florida Environmental Consulting $52,660.00 The low bidder, Wetland Solutions, Inc. (WSI), was disqualified by the Utilities Department because they noted an exception to the bid. Due to their distance from the site, WSI proposes to conduct maintenance site visits every three (3) weeks, rather than weekly. Weekly site visits are needed to sample the site and adjust water levels in cells, if needed. This was specified in the Invitation to Bid. FUNDING: Funds for this project are derived from the Other Professional Services account in the operating fund. The operating funds are derived from water and sewer sales. In FY 2016-2017, $34,000.00 was budgeted for wetlands maintenance and operation. Description Account Number Amount Other Professional Services 47121836-033190 $34,000.00 RECOMMENDATION Staff requests the BCC to authorize the Chairman to sign on their behalf to retain Ecotech Consultants, Inc. for one year. Staff also requests that the BCC authorize the Purchasing Manager to renew for up to two one- year extensions subject satisfactory performance and staff's determination that a renewal would be in the best interest of the county. 318 APPROVED FOR AGENDA: BY FOR: October/, 2016 Date Indian River Co. Approved Date Administration Legal q `/ Budget Utilities Utilities -Finance 1A c Purchasing g- LJ 319 BOARD OF COUNTY COMMISSIONERS October 12, 2016 Mr. Timothy E. Maslin, C.E.S., C.E.C., President Florida Environmental Consulting, Inc. 1835 201h Street Vero Beach, FL 32960 timm@fl-env.com Reference: Decision Regarding Protest of Indian River County Invitation to Bid 2017011 Dear Mr. Maslin: We are in receipt of your letter of October 3, 2016 protesting the "administrative and technical issues of the bidding". While your letter of protest did not list any specific issues, I have reviewed your statements made in the memos and emails sent to our Board of County Commissioners and County Administrator regarding the bid and your identifiable complaints. After review, the protest is denied. Background Your September 30, 2016 memo to the members of the Board of County Commissioners, as well as your email to the County Administrator of that same date state the bid should be awarded to Florida Environmental Consulting (FEC) due to qualities such as locality, incumbency, and supplemental services not required or requested as part of the bid, and other factors you believe make your firm best suited to perform the work and the "best value." Your email to the County Administrator states the second -low bidder, Ecotech Consultants, Inc. (Ecotech), did not specify prices "as required" for items 3, 4, 5, and 6, which should be cause for rejection of their bid. Finally, your email to the County Administrator also stated that Ecotech's bid should be disqualified because their response to a request for clarification arrived after 5 P.M. on September 19th, 2016. Additionally, you question the impact of the requests for clarification of the bids submitted. Basis for Denial of Protest In regards to your complaint concerning the qualities you feel FEC offers as noted above, this solicitation was not a request for proposals (RFP) with various weighted criteria, but rather an invitation to bid, with the selection made to the lowest responsive and responsible bidder. Bids were opened in a public meeting on September 9, 2016, with the total annual fee submitted by each firm read aloud. FEC's annual fee, as indicated on line 1 of the bid form, was the highest of the three received. Additionally, the "Bid Protest" paragraph on page 6 of the invitation to bid states a protest must be made within seven calendar days after the aggrieved person knows or should have known the facts rising thereto. The bid was advertised on August 21, 2016 and bids received September 9, 2016. Therefore, any protest regarding the method of solicitation (invitation to bid rather than request for proposal) should have been made well prior to October 3, 2016. No concerns were raised by any prospective respondent regarding the method of procurement. Office of Management and Budget • Purchasing Division 180027 th Street, Vero Beach, Florida 32960•(772) 226-14169Fax: (772) 770-5140 E-mail: purchasing@ircizov.com 320 Response to FEC Protest This contract, including FEC's most recent for this work, has historically been solicited and awarded through an Invitation to bid. In relation to Ecotech's zero bid on some of the add/alternate items, the invitation to bid does not state pricing was mandatory for those add/alternate items, or that failure to provide a number would result in disqualification. The items were not included in the annual fee, which was the determining factor in the lowest bid. In Section VI, under the Additional Services Add Alternate section, the invitation to bid states the add/alternates may or may not be awarded as part of the bid. In response to the complaints regarding the County's request for clarification from the two lowest bidders, after receipt and review of the bids, the Department of Utilities Services wanted confirmation of information submitted in the two low bids, and requests for clarification sent to those bidders. The responses to those requests served to confirm the lowest bidder (Wetland Solutions, Inc.) to be non -responsible due to their intent to visit the site only once every three weeks, not every week as required in the scope of work, as well as to confirm the second lowest bid (Ecotech) did include all services required under the scope of work. Thus, there were no changes to the bids in response to the request for clarification. Second, the request for clarification memos asked the two low bidders to "please return" their response forms by 5:00 P.M. on September 19, 2016. The requested time was not mandatory, and Ecotech's response was received at 6:08 P.M. that day. Conclusion Should FEC disagree with the denial of the protest and the bases described in this response, you may appeal this decision to the Board of County Commissioners at its October 18, 2016 meeting, when the Board will be asked to consider award of the bid. If you do intend to appeal, please notify me in writing, as required by the Protest Procedure. As a reminder, the cone of silence remains in effect, and will remain in effect until the item is called at the October 18, 2016 commission meeting. Per the policy, you shall not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel from the time of bid advertisement through and including bid award. Such communication may result in disqualification. Please feel free to contact me at 226-1575 or by email at jhyde@ircgov.com if you have any questions regarding the protest procedure. Sincerely, Jennifer yde Purchasing Manager cc: Mr. C.E. Swindell, Jr., President, Ecotech Mr. Christopher Keller, President, Wetland Solutions, Inc. Mr. Vincent Burke, P.E., Director of Utilities Services Attachments: FEC Protest Letter, dated October 3, 2016 FEC Letter to Board of County Commissioners, dated September 30, 2016 FEC Email to County Administrator, dated September 30, 2016 321 Florins Environmental Consulting, inc. October 3, 2016 Jennifer Hyde Purchasing Manager Indian River County Purchasing Division 180027 1h Street Vero Beach, FL 32960 Subject: Bid #2017011- Annual Bid to Maintain and Operate the West Regional WWTF — Wetland Treatment System To Whom It May Concern: Please accept this written letter as our formal or administrative protest to the bidding of the Annual Bid to Maintain and Operate the West Regional WWTF — Wetland Treatment System, Bid number 2017011. Our concerns include both administrative and technical issues of the bidding that we would greatly appreciate the opportunity to discuss. Thank you very much. Sincerely, Timothy --E'. Maslin, C.E.S., C.E.C. Pfe`sident ....._..._.... 1835 20th Street • Vero Beach. Pkowida 32960 Phone: 772-299-4791 • F=ax: 772-778-3677 - E-rnad. f1envVf1-er)v.:_c�1-n 322 ....... _..... Florida Environmental Consulting, hi c p .�.; September 30, 2016 Board of County Commissioners Indian River County Utilities 1801 27'h Street Vero Beach, Ft. 32960 RECEIVED `SEP 30 2016 HOARD OF COUNTY COMMISSION Subject: West Wastewater Treatment Facility - Wetland Treatment System To Whom It May Concern: First of all please let me state that it has been a pleasure managing the West Wastewater Treatment Facility - Wetland Treatment System (WTS) over the past 5 years; 3 of which were my initial contract period and the last 2 have been renewal terms at the County's discretion, and we greatly appreciate that. At the time of winning and accepting the contract to manage the WTS which was then left by the previous contractor in a state of disarray including a dilapidated public viewing boardwalk. that was roped off and closed to the public as well as near 100% nuisance vegetation coverage, compromised sections of berm, and partially rotted leaking flash board risers after the County had spent hundreds of thousands of dollars on construction, plantings, and the specific contractual maintenance obligations of these items. Plus there was operation and maintenance protocols left outdated for 15 years, no information kiosk. and a lack of initiative and public involvement. Over the last 5 years of helping the County to resolve these specific issues and set the WTS on a clear path forward into appropriate future management and operational goals, I have come to know this system very well. Being out there once a week and again on sample days, plus the reports and management of miscellaneous restoration activities, as well as for wet weather and other circumstances per the Audubon Society and Fish & Wildlife Service that staff can attest to: all of which consumes on average just over 322 consulting hours a year, not including direct costs or sub -contract work. The WTS also has a specifically unique and sornewhat counter -intuitive water budget trend as it directly competes with the reuse system during dry, periods and then has to accept surplus flow during wet weather periods creating large variations in hydroperiod which are difficult to manage as closely to natural and engineered conditions as desired while meeting the strict nutrient loading parameters enforced to benefit the impaired downstream waters of the Indian River Lagoon. None -the -less I believe we have been successful in managing and optimizing this trend as well as have been successful in assisting the County to enact a low cost, non-aggressive, but valuable restoration plan, and I sincerely believe the County was satisfied with our services to date. 1835 20th Street • Vero Beach, Florida .32960 Phone: 772-299-4791 & Fax: 772-778-3617 • E-mail flenv0f1-env cr rn 323 That being said, as usual it looks like it may be difficult selecting from the submitted bids if the low bid is automatically selected regardless of other's past performance history and proposed project goals. As such I would like to bring up a couple items for your consideration while reviewing the prices and possible "Exceptions" to the bid: Contrary to the other bidders FEC is the incumbent local small business contractor who wishes to continue providing these services to the County and now without out -of -County subcontractors, specifically including the supplemental airboat exotics treatment and aerial photography formerly by others. Also, we are only blocks away and are available at your beckon call. We do not have other distant or local Wetland "Treatment System contracts to distract us from our responsibility to the West Regional WTS. Further, we have not failed to directly provide any reports or sampling to the County, and we do not have any professional conflict of interest with similar County employees. We also specifically included other additionally recommended services to exemplify our goals that were noted at no charge. These include first, the administration of the annual bird survey that was not specifically requested in the RFP but contentiously fought for by the Audubon community. Second, providing kiosk educational information signage at no charge to promote the knowledge and purpose of the WTS and avoid additional future public confusion with bird sanctuary management strategies. Third, the supplemental pond apple and bulrush plantings are offered at no charge which were also contentiously fought for by the FWS. All together totaling almost $10,000 in free services and supplemental value. In summary, we have been working to restore and improve the WTS for the utilities department and the community at large as best we can with the budget given and hope to continue these great strides starting with our base annual fee as specified in our bid package including the above services at no charge. Based on the fact that the Viera WTS of similar size and scope has a separate habitat management cost valued at $65,000 not: including operation, facilities maintenance, nor sampling: and knowing the effort remaining we do recommend the increased budget of $52,660 detailed in our bid package total Annual Fee. However we are also agreeable to omitting any of the above services that may not be desired and/or any of the specifically listed services as may or may not be desired on the "Exceptions" page of our bid that ultimately propose a Base Annual Fee of $32,900 while still including the $10,000 of free restoration services which actually represent the County's best interest and the lowest bid with the best value. Being that the county is allowed to accept or reject any and all bids in whole or in part and to waive any technicality or irregularity they choose we hope this letter assists you in your comparison of the bids. and your selection of FEC as the best path forward for the good of the WTS and the community. ']`hank you very much. Sincerely, Timothy E. Maslin, C.E.S., C.E.C. President 324 Florida Environmental Consulting, Inc. takes the following exceptions: Please note that in addition to the base annual fee of $32,900 the following were specifically requested in the RFP and/or by others or required by the approved FDEP Operation & Maintenance Manual to appropriately operate the system: 1 jAnnual Aerial Photography =$14,640.00 2 Sediment Analysis3 Exotics Treatment 4 Information Station (Kiosk Educational Signage) S Bird Survey Administration with FWS/FWC & Audobon Society6 Supplemental Plantings per FWS/FWC & Audobon Society 7 Professional Laboratory Fees provided by IRC's Continuing Contract with PACE Laboratories Not Included 8 Vegetation Harvesting or Fire Management (not expected within 3 years) Not Included " Specifically included at no charge 325 Base Annnual Fee $32,900 Includes everything we do currently, including the: QAP (redundant effluent sampling and O&M Updates) Onsite Sampling Offsite Sampling Coord w Pace Labs Visual Vegetative Monitoring via Ground Truthing Hydrologic Monitoring minimum weekly up to daily during wet weather Hydrologic Manipulation up to daily as needed during wet weather Meet w Operator minimum weekly up to daily during wet weather Meet w Super monthly Update Reports as needed Annual Report and coord w FDEP Misc additional as needed Public outreach w/ Audubon and FWS Treat nuisance vegetation at all structures and from berms via ATV +-40ac/yr Also at no charge: A value of approximately $10,000* Kiosk Educational Signage (for the community, and to ease public pressure on the operator) Bird Survey Administration with Volunteers (per Audubon) Supplemental Plantings (per FWS) Total Base Fee Value = $42,900 for the specified $32,900* County Savings = $10,00* Additional Suggested Services to Continue Restoration Goals** Includes everything we have been doing under separate contract• Annual Aerial Nuisance Vegetation Treatment via Airboat +-40 ac/yr Plus the formerly not requested• Sediment Analysis Total Value = $19,760** Total Suggested Annual Fee/Contract =151660 660 * * Even if others after the fact claim that they included Annual Aerials and Sediment Analysis at no charge our Fee and Value still trump the other bids $32,900 + $2,300 + $2,820 = $38,020 less $10,000 in restoration value = $28,020 326 From: Jason Brown To: Vincent Burke; Jennifer Hyde; Michael Smvkowski; Dylan Reinaold Subject: Fwd: Wetland Treatment System Agenda K-8 Date: Friday, September 30, 2016 9:37:41 PM Attachments: Wetland Treatment ystem Bid Clarification ttr df ATTOOOOI.htm Sent from my Whone Begin forwarded message: From: "Tim Maslin" <timmnfl-env com> To: "Jason Brown" <ibrownnlJov com> Cc: "Aaron Bowles" <aaronb a�mbven -nm>, "Terry Southard" <telrysoufhard� ircgov ten,>, "Joseph E. Flescher" <jflescher a'irceov com> Subject: FW: Wetland Treatment System Agenda K-8 Mr. Brown: As Commissioner Fletcher detailed to you on the phone during our meeting with him, please read the attached letter that was also copied to the other County Commissioners regarding the West Wastewater Treatment Plant's Wetland Treatment System bid for contract. We believe our base fee is lower than the recommended bidder and our bid represents a better value for the County as detailed. We understand the below may not be enough detail to best explain our perspective and would therefore like to discuss it with you Monday morning at your earliest convenience before the agenda is finalized. Some of our concerns are that the bidder currently recommended for approval did not specify prices as required by the bid documents for items 3, 4, 5, and 6, which should cause rejection of the bid. Next, it appears that based on reviewing my detailed bid; the other bidders were sent requests for additional information to inquire whether or not certain items were included in their bids, and of course it applies that when confronted with winning or losing a bid for low cost items possibly omitted by the bidder the answer is obviously that it was included and so effectively now they have the winning bid whereas they did not as submitted and should not be awarded the contract. Further, the request for additional information was specified by the County to be submitted "by 5 P.M. Monday September 19". However in this case the recommended bidder failed to comply with that requirement and should be disqualified by rule. We have this documentation as provided by the Purchasing 327 Department if you feel this is important and need it for your review. Please let me know when we can set a meeting with you on Monday as we would like to discuss the above administrative matters and other technical and conflict of interest matters pertaining to the bid packages. Thank you very much. Sincerely, Timothy E. Maslin, C.E.S., C.E.C. President i Florida Environmental Consulting, Inc. 18352 Oth Street i Vero Beach, FL 32960 P: 772.299.4791 ; F: 772-778-3617 TimM(@FL-Eny.com E-mail Logos- FEC-MBV-IRS-Silt 328 ATTORNEY'S MATTERS: 10/18/16 TIME CERTAIN: 10:30 a.m. O ce q rj INDIAN RIVER COUNTY Uylan Reingold, County Attorney William K. DeBraal, Deputy County attorney MEMORANDUM Kate Pingolt Cotner, Assistant County Attorney TO: The Board of County Commissioners FROM: Dylan Reingold — County Attorney( DATE: October 11, 2016 ATTORNEY SUBJECT: 10:30 a.m. Attorney -Client Session Relating to Indian River County's Petition for Administrative Hearing challenging the St. Johns River Water Management District's Notice of Intent to Issue Environmental Resource Permit No. 135214-2 for All Aboard Florida within Segment D08 I request advice from the County Commission regarding settlement negotiations and strategy relating to litigation expenditures concerning Indian River County's Petition for Administrative Hearing challenging the St. Johns River Water Management District's Notice of Intent to Issue Environmental Resource Permit No. 135214-2 for All Aboard Florida within Segment D08. Prior to going into private session, Florida Statute 286.011(8) requires the Chairman to read the following statement: "This is the commencement of the attorney-client session. The estimated time of the closed attorney-client session is 90 minutes. Present at the meeting will be Commissioners Joseph E. Flescher (Vice Chairman), Wesley S. Davis, Tim Zorc, Peter D. O'Bryan and me, Bob Solari (Chairman). Also present will be County Attorney Dylan Reingold, County Administrator Jason E. Brown, and a certified court reporter. At the conclusion of the closed attorney- client session this public meeting will be reopened." After the attorney-client session the Chairman is required by statute to state the following: "The public meeting is hereby reopened, and the attorney-client session is now terminated." nhm Approved for October 18, 2016 BCC Meeting Time Certain: 10:30 a.m. (Attorney's Matters) L COUNTY ATTORNEY Indian River Co. Appr ved Date Admin. Co. Atty. Budget ld 13 = Department Risk Management --- - 329 Treasure Coast Newspapers I TCPALm Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Linda Klein, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Copvline PO # 461741- INDIAN RIVER CO ATTORNEYS OFC 1303310 Meeting: 10/18/16: Notice of Intent Permit 135214-2 Pub Dates October 10, 2016 Sworn to an u c d before me this day of, October 05, 2016, by who is Klein (X) personally known to me or ( ) who has produced 4;&.t'7z Sandra Coldren Notary Public rrr�w+rr++r+� 7bl ;::••• SANDRA CO= MY COMMISSION035 .:s;j, a EXPIRES: Apr7 ':F,K y.c�;:`' Bory+eC Tho, Notary Purvrtrters as identification. 13, OCT 13 2016 COUNTYA-F' ORNEY,s OFFICE .3av_A-1 r Treasure Coast Newspapers Monday, C-1,,,10, 2016 SC PUblICNethces PubIIC NGt[CGS public Notices .y public NotJces Tax Deed Application Tan Deed Appll<atlon PUBLIC NOTICE The Board reprcsenI by an nut gg pp Cativo of th9 Ph rf alcor rise n eY NOTICE OF APPLICATION FOR TAX DEED NOTICE OF APPLICATION FOR TAX DEED or County Commis- v i Indian Nlver tout- aeon, sta[hOrixeO [M1atuM1e/she fits authoynzee to speak for [he p1, Acordyshould Inclutl< Cha d n s mad , 11 a h esao� the irtemtw31196-tel p' ono actor nIMATent^scice of ssion lwaeE- onPPn Uie Martlrt 11 which IM1a l3 to abyle trot Man- Tax Oeetl file N0.: 15-531 Tax Deed File No.: 15-533 fyga ding radian River Coun- Petition County fico www.ma m.n.a:. Pon leballd he casco. DlnerGra THIS NOTICE hATED THIS 5 TH NOTICE IS HEREBY GIVE tht CO INTERNATIONAL NOTICE IS HEREB GIVEN. at at 'a for AdminisDa- orallenginy the Ifs any 11—D Be .. to Forfurtherinformat'... please Fail theGrowtn Manapemem DAY OF DCTOBER 2016. INVEST- MENTS, LLC the holder of TS. Ln CBINTERNATIONALIN. MENTS, LLC the nobler of St. John, St. loons Rrver Water Man- wppeal any decision m tle th respect to any matter Department a[>]2-188-5495. Tub:Octob 710. 20tfi CN 1303567 Me tlholdehas the foll^win certificate has y moot District's Notice I eln[ent to Issue Environ- n dared MNo meeOngz or hearings t ny Onard Allwritten comm n els should be sent t0 Nicki van Vpnno, BEFORE THE BOARp OF ZONING gD1U5TMENT tied said cerates fora deed to be issuetl [here- an The certificate number igetl saM certifica[e3 tar a tax rete Mbe issued [Toro- II, M1e nW R¢sourc¢ permit N0. 335214-21. NI Aboard Sod cora HMP, gelncy, counuj or advisory qq p, Maty - Growtb Management Direo- tor, (¢-mall: kkivM martin' MARTIN COUNTY, FLORIDA d yye r of issuance, the oescrl0tlon on ce .,,, nu her ntl of issuance, Me da within Se moot DOQ to bo held at 10:30 Tues- son will needs 1 t`e fi.Us) 2401 SE n reY Road Stuart. FL 319%. Cop- NOTICE OF PUBLIC HEARING of Me proper antl Ina names In whicn�t Oescrietlon DI me y and the names inp litt�tlt do y October I8, I16* The p'no WdinBa and, tf0 h y rp m y need [O ensure i al Me item will be avail- from Subject ReOuezt fore a' was assessed are as follows: was as .d are as Ill.— object matter ai Me mreb towlllbeiprsireipyyrelat- that yyA *er Usnn record of thM1icli rr....d aVoil the Gruwfh Mar, rotCe 111.1nce:D01008a7 cartlessssuenee30300850 it. Th AIII.Higatlon expenses. The shau1. include the lestim^ny and evidenced T1s NDi10EhATED TH155TH DAY OF OCTOBER 2016. b: October N a9 qui orae nts I Article 3, LonlnB Dis- AEtleis 0055W VILLAGE PARKWAY gtld 101415W VILLAGE PARKWAY sesilon will commence t an open meehnit in the Pon which t e appeal is t Debased. 10, 201fi TCN 3303551 Notts. Lot tl Development PSI FL N/K/ 100915W VIL- LAGSr[PARK N/K/A 1009] SW VILLAGE County COmmissioh Cham- Blocateyyd on the NODI For further Information, Including copies or the agert q gWANans, Martin County WEE La Re'^t WApCV, PSL TRADITION 1,c PARK rrtfWAY. PSL PT0.ADITiON3PLRT NO. he ACTOIRIstradonl Complex, Iq Esar tates anal to 'BY a PIAT NO. 19 3631154164]136]19 (OR 29 P. 15]B�361]I36,TIi(OR l6la- tLK y 8013TMStmetVereBeach. calI1M1eG=th Mansagelmen[ Department a[]]I-IBB-5495. N„NG ADIUSTMENT M COUNTY, FLORIDA me ms [thpermibt (M1¢existing n into Me Parch 10:304-701-0283-ODO/0 ParcM1D:430{-]01.0284-000/1 loritla. will continue At closet meetln9ln [M1e County All written comments shoultl be sent to Nicki Van Vonn0. eM1mentz sitle Yard setbacks byY the singlyy. HemT(s) Which A u s tl Na (O' Wh" h A d' mmi11".ners' conference Room locatetl on Me ec- oho Coun[yIAEminlzR tion rc M Management Olrec tor, ))(e-mail: ikklv�rnartln. Noed, NOTICE OF PUBLIC HEARING SYbCeecL ReOuert Mr a vaN- hMe iaafed reahlen3.BIa5E01'D.? Lucie Badevard, Stuart, Glor. irentlocationin ITT ICOMMtISNLLC/ FA, INC SEounSy TRA- VI1fON 1A PARC SOYCA650e INC hall SCounfy Coral ex .ntl will termiiwte SMart,f131996ttarey THIS NOTICE DATED THIS 3RD [os to Heil tae setback pUiremad= of Article 3. within [he cur- 1 of St. lucle BtpM o1 Floritla partSI,henthe f SG of Florida. Ct an open m inq' the Ounry eammisslon Cham- DAY OF OCTOBER 1016. b: October 1q 2016 Zoning District;; Lantl Devel- Rey IMare Martin Le JDezcdDtlon: Afull legal des. elc tI Unless Bald certificate shall be red ....d ..cording to law UNers said certificate shall be deemed hers. The estimated U.. of Meattomey-client sessionu TCN 1302215 pm¢nt County Code for Me. Sin- available irom the Martin County CQUI the proyyerty described In hc¢rtcate r according to law the property described In finery (901 minutes. Present Tt the meeting 11 be tom- BEFORE THE BOAR gle-family Residential Dis- tanmt to p be the existing tl y Tit a nage...t Department Timezantl Date: T:eO P.M., shall besold IO Ne highest bidder byelec- Ic sale 17th of October n cartilicate shall be soltl to the nighest bidder by Nen orIc sale 13M October, RI isdioner BOE Solari (Chair- ), ph E. FlescM1er ZONINGADIUSTMENT MARTIN COUNTY, FLORIDA o the subject tat located j15905W ar as n 1Mr as the math IOIfi at BID, kauction.com of Ol6 at httpsJ/rtlucie.clery pVice CnairmaN. Wesley 5. NOTICE OF PUBLIC NEARING Egret Way. Palm eiry, Fladda. ay be heard, on Thurzeay, October 2].2016 at I.A. WARNING N.. i.—Y, at 11:00 A.M. WARNING ,Tim Zone and Peter D. O'Bryan. Also pre sent Willbe Su01ec[: Rep11 e\ lar a Van- LeyE)4Description: Lo[ 178, GATEfhe NDlat Place: Marti^County THERE AREUN PAID TAXES ON PROPERTY YOU OWN THERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN OR Bold:ItCDuntAN.y Lot P�shai0r lazonE Brown: antlaterti- Ontq allRltesslerK[OsreEanduce Mq [M1ereO/, 510115.E Moivte0reeya Road A LEG4l INTEREST TIEOPOP- EEGE RLINTEREST. THE PYOU ROP fill court reporter. Me setbacX re f t q.g DXt s a Article 3, Zomn9 Districts, gNetl In Plat Bookl, Page IA of the Public Records of tuart, FlorlOa TY WILL BE SOLD AT PUB- LIC AUCTION ON 10/17/1016 FTYWILLBESOLDATPUB- LIC AUCTION ON 14/11/2016 INDIAN RIVER COUNTY Land pevelo0ment Regula- tion;; M tin County C de Martin County, Florida. All Interested a persons ar in had [o a[tentl tl Be UNLESS THE BACK TAXES ARE PAID. TO MAKE PAY- UNLESS THE BACK TAXES ARE PAID. TO MANE AY- BOARD OF COUNTY COMMI551ONER$ for the PUD, Planned Unit D rVOt' mont District estzb- Time a^e Date: ]:Oo P.M., or az n fter as the maitel heard. Persons with aisabil- Hies RIW need a a - HENT, OR TO RECEIVE FUR. FR INFORMATION, CON- MERIT, OR TO RECEIVE FUR- THER INFORMATION, CON - BOBSDLARI, CHNRMAN . 1D, 2016 fished for the SailFish Point y, be heard, on Thursday, Oc[oEer2]. 2016 modatbn I^ ortler to part, in this TALI THE CLERK OF COURT MMEDMTELY AT 1300 VIR- TACT THE CLIK OF COURT IMMEDIATELY AT 2300 VCR. iCN 1303310 PUD community toy t Isting e.y....chmen[s into coat. Dro"Ie Pq are ditlad, at nO cosR to Me GPINIA AVE, 2ND BOOR. FORT FL 11892, T]2 GINIA AVE, 2ND ROOq, FORT BEFORE THE BOARD OF Ine fegggl Iamd11Y e1bJ noel Place: dminis M[rvenCIPV yy taP o This Biles noltl e'lae 6936rC[Ey, -{fit- 6936rC[Ey' iL 3yy1891, TT3-662- MARTIN000NTIY.FiLOpRID4 dd olnlMhsu0lepi dlM'zt sassy Sf aK Florleaerey Road then meetiniyy�tolease oil icon- PM%ugh Me St ­1 h, P[hlou9h Me St WciedCpunry SE South Marina Way. Stuart, All InMresMd tact the Of/ice of the County Atlministrator Tax eWltttor. Fo rdemp- tion amoMts a d Instruo- n TU Coikctor. FG, reeemp- tial amounts dim j NOTICEOiPUeDCHEARING FloNda to remain within the current torr... persons a Invited to attend ,..end be a[ 012) 121- 2160, or In writing to 2101 Uons, Qlease contact McTax Mons, Please contact the Tax NOTICE OF APPLICATION FOR TA%DEED TA%CF APPLICATION FOR DEC. Tex Deed File No.: 15-534 Tax Deed 1116 No.: 15-566 NOTICE IS HEREBY GIVEN, that Au[ Dealer DlreEEDry ADtt100NerW ADt0 Dea18t DlretlOry ADW D tiler Direct ry AlpO DealerD eCtOry f �Thhhaporta"uhan FWALLACE CHRYSLER1 FWALLACE DODOE JOHNSON HONDA WALLACE GGR ECN SSAM - E]SIS SE Stl art 2]555E Fed rat titsfetlout LINCOLN MERCURY 5 I US HFri y. Stuart 005E Y )i1. 55555 uM USI it. fierce 1 855 S t0 DeaIBT07e tory 220 3600 Fri., TIZ-]20 100 1.800.]29.6060 wl n sgnnpntla mm W 00 C sLER WALLACE CADILLAC p00GE IEEO FM --- FORD WALLACE MAZDA T2 464 46as. 35555E Feder IH SNart D.Iv uA LI[tle •SaveA Lo[ Itl f bOnm VERO OFAGI LEEP 37155E Feder) WALLACE VOLYSWAGEN IBB USBH I 855 5. US ONE 28055E FeOeral Highway. BT-60605fi� 5-L Melbourne wwYY e0way., Stuart -- MrzMysler L EACH 3152%6 375-1999 _Stuart (121)1216611 11!569--7400 verobeached cora WALLACE CNEVROLET TTZ x61,9 sEFederJ WAILADE HYUNDAI WALLAR5EEP WALLACE NISSAN short MD ass s us i E aeeral 131,E Feeeral Hwy.. WALLACE VOLVO 711-2BT-3232 ]5.2966 3Hwy.. Stuart 27555E Feder)Highway, StuuL 3001 SE Federal .. SNart erobeach�d.com Tb181-60a. tuart t7ax20.36o0 ]72-Z86-8000 420 October 18, 2016 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 11, 2016 SUBJECT: Economic Development Opportunities along State Route 60 FROM: Tim Zorc Commissioner, District 3 Discussion Item: In 2013, 1 submitted an economic development list of 12 items. Item 5 of the list looked at the property and land use from 58th Avenue to a quarter mile west of 66th Avenue. I am pleased to report a cooperative public/private agreement between Indian River State College and surrounding land owners to voluntarily enter into an agreement that will provide coordinated infrastructure and access to the entire southeast corner of State Road 60 and 66th Avenue. The efforts for a land swap and cooperative infrastructure and egress is informational only at this time, but it is expected that staff will bring forward some proposed text amendments for the private ownership parcels in the near future. 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JUUI M R4bl.i 'RAJ a>nia unpin { i sss�n'ru acblm.%N)%s iN%oo 'SIIV dNMS 4NV'] )INtrd ii3i'I3I1W t I--)ossv a 3ara:vw IM)INH - I w C7 96 CR a 0aAV M" d Z X w d 333 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: September 28, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District .inn Subject: CCNA-2014-Work Order No. 5 to Geosyntec for Title V Air Operation Permit Renewal BACKGROUND: The Title V air operation permit includes all the Clean Air Act requirements for identification and control of air pollutants and is required for all major sources of air pollutants. The United States Environmental Protection Agency (USEPA) has authorized the Florida Department of Environmental Protection (FDEP) to administer the Title V permitting program in the State of Florida. FDEP has categorized the Indian River County Landfill as a major source requiring a Title V air operation permit because the landfill designed disposal capacity exceeds a regulatory threshold of 2.75 million tons of solid waste. This permit must be renewed every five years. The Indian River County landfill's current Title V air operation permit is scheduled to expire on July 15, 2017 and by rule, the renewal application must be submitted to FDEP by December 2, 2016. For a municipality, county, state, federal, or other public agency, by rule, the permit application must be executed by either a principal executive officer or ranking elected official. Municipal landfills generate landfill gas that contains small quantities of various volatile organic compounds, referred to as Non -Methane Organic Compounds (NMOC). Many are toxic and are regulated by the New Source Performance Standards (NSPS) and Emissions Guidelines (EG) for municipal solid waste (MSW) landfills, promulgated on March 12, 1996. However, the EPA published a new subpart, Subpart XXX, on August 29, 2016, which becomes effective on October 28, 2016. One of the significant changes to the NSPS requirements is the reduction in the regulatory threshold for NMOC from an emission rate equal to or greater than 50 mega grams per year to 34 mega grams per year. Landfills must estimate their NMOC emission rate every five years as a component of the Title V air operation permit renewal application. Landfills, which exceed this threshold, are subject to extensive and costly operational, compliance, monitoring, reporting, and recordkeeping requirements. Such costs have been estimated to range between $30,000 and $80,000 annually. The landfill emission rate of NMOC is estimated using a USEPA theoretical and conservative model. This method of estimation is referred to as Tier 1 analysis. Landfills that have undergone Tier 1 analysis, and are subject to the NSPS based on their estimated NMOC emissions under Tier 1 has the option to proceed to Tier 2 analysis, which involves obtaining site-specific NMOC concentrations and performing emissions estimates using these site-specific values. Indian River County landfill requires Tier 2 testing. SWDD AGENDA - 2016 Title V Permit Renewal - CCNA 2014 WO No 5 Page — 1 — 334 ANALYSIS: Staff requested Geosyntec submit a proposal to provide engineering and consulting services for the subject project. Geosyntec's proposal, including scope of work, schedule and budget, is shown in Attachment 1. Their proposal consists of four tasks as follows: Task DESCRIPTION $ AMOUNT 1 General Consulting/Meeting Support/Project Management $12,289 2 Tier 2 Testing and Reporting $20,651 3 Title V Renewal Permit Application $25,243 4 Response to Regulatory Comments $5,924 Total = $64,107 Geosyntec proposes to initiate the Tier 2 testing on October 18, 2016, assuming the Notice to Proceed (NTP) is issued by October 11, 2016, and proposes to complete the application by the submittal deadline of December 2, 2016. FUNDING: Funding in the amount of $64,107 for the engineering services needed to complete the permitting project is budgeted and available in the Engineering Services account in the SWDD Landfill fund. The account has a total budget of $615,000 for the 2016/2017 fiscal year. Description Account No. Amount ($) Engineering Services 41121734-033130 $64,107 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Approve CCNA-2014-Work Order No. 5 with Geosyntec in the amount of $64,107 to provide engineering services for preparation and submittal to FDEP of the application for renewal of the Title V air operation permit. Authorize the County Administrator to sign the application. b) Authorize the Chairman to execute the same, as presented. ATTACHMENT: 1) Geosyntec's CCNA-2014-Work Order No. 5 APPROVED AGENDl By: ff Jason E Br n, County Administrator For: October 7$. 2016 Date Indian River Co. Approv d Date Administration Legal Budget SWDD �d SWDD-Finance vhL to- �4 SWDD AGENDA - 2016 Title V Permit Renewal - CCNA 2014 WO No 5 Page — 2 — 335 Attachment 1 WORK ORDER NUMBER CCNA-2014-Work Order No. 5 Title V Air Operation Permit Renewal Application This Work Order Number 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 Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (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 1 (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 1 (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: Geosyntec Consultants, Inc. By: /—�- 6�A-e/\ Thomas A. Peel, Ph.D. Title: Senior Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E.lBro#vn, County Administrator v Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 336 EXHIBIT 1 PROFESSIONAL SERVICES engineers I scientists I innovators 337 Geosyntecp 1200 River Jacks Boulevard, Suite 710 Jacksonville, Florida 32207 PH 904,85 8, 1818 consultants FAX 904.396.1143 www.geosyntec.com 21 September 2016 Mr. Himanshu Mehta, P.E., Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Proposal for Engineering Services Title V Air Operation Permit Renewal Application Indian River County Landfill Facility Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this proposal to Indian River County (IRC), Solid Waste Disposal District (SWDD) to provide engineering services related to the renewal of the five-year Title V Air Operation Permit for the IRC Landfill (IRCL) facility. The current 5 -year permit (Permit No. 0610015 -004 -AV) will expire on July 15, 2017 with the renewal application due on December 02, 2016. This proposal presents the scope of work, schedule, and budget estimate for the preparation and submittal to the Florida Department of Environmental Protection (FDEP) the application for the renewal permit, including Tier 2 testing and analysis to estimate the annual quantity of nonmethane organic compounds (NMOC) emissions from the IRC Class 1 Landfill, and responding to requests for additional information (RAIs) by the FDEP. The proposal was prepared in response to a verbal request from Mr. Himanshu Mehta, P.E., Managing Director, of SWDD, during a 22 August 2016 telephone conversation with Dr. Kwasi Badu-Tweneboah, P.E. of Geosyntec. Geosyntec has prepared this proposal as Exhibit I of CCNA-2014-WO No. 5, 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 as of this 41h 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 Geosyntec ("Consultant'). The remainder of this proposal presents: (i) project background; (ii) proposed scope of work; (iii) schedule; and (iv) budget estimate and assumptions. NCP2016-2255VL 16043_Title V Air Permit Renewal Proposal.doc engineers I scientists I innovators 338 Mr. Himanshu Mehta. P.E. Managing Director 21 September 2016 Page 2 PROJECT BACKGROUND The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west of Rangeline Road in Vero Beach, Florida. The landfill serves the unincorporated Indian River County and municipalities of Vero Beach, Orchid, Fellsmere, Sebastian, and Indian River Shores. The SWDD administers the management and operation of the Class I Landfill at the IRCL facility, and as such, it is the permit holder of the IRCL facility. This landfill facility is currently operating under Title V Air Operation Permit No. 0610015 -003 -AV, effective July 15, 2012. The existing Class I Landfill has a voluntarily -installed gas collection and control system (GCCS) for those areas at final grades. Segment 1, Segment 2, and the Infill Area of the IRCL have an existing GCCS that consists of vertical and horizontal gas extraction wells, gas collection lateral and header pipes, blower, and flare. Collected landfill gas is piped to a flare/blower system, located northeast of Segment 2, where the combustible components are oxidized by incineration. In 2012, SWDD entered into an agreement for the sale of the landfill gas to INEOS New Planet Bioenergy, LLC (INPB) for use as a supplemental fuel for waste -to -ethanol facility adjacent to the IRCL facility. In 2013 SWDD constructed Cell 1 of Segment 3 Expansion of the Class I Landfill. This cell has been used for waste placement since 2013 but has no GCCS installed yet. Geosyntec also understands that the IRCL facility is currently not regulated under the New Source Performance Standards (NSPS) for municipal solid waste (MSW) landfills as identified in Subpart WWW of 40 CFR, Part 60 (Subpart WWW). An NSPS Tier 2 NMOC emissions rate report was prepared and submitted to FDEP as part of the Title V Air Operation Permit Renewal application in December 2011. A similar Tier 2 testing will be performed to estimate the site- specific NMOC concentration to recalculate and submit a Tier 2 NMOC emission rate report as part of this 2016 permit renewal application. It should also be noted that the U.S. Environmental Protection Agency (EPA) published in the Federal Register, dated August 29, 2016, a new subpart (Subpart XXX) that update the Standards of Performance of MSW Landfills. The new Subpart XXX becomes effective on October 28, 2016 and applies to MSW landfills for which construction, reconstruction, or modification commenced after July 17, 2014. Concurrently, the U.S. EPA published a new subpart (Subpart Cf) that updates the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills, which applies to MSW landfills that commenced construction, modification, or reconstruction on or before July 17, 2014. One of the significant changes to the NSPS requirements under Subparts XXX and Cf is to reduce the NMOC emission threshold from 50 megagrams per year (Mg/yr) to 34 Mg/yr. Since all the active and/or closed cells of the Class I Landfill at IRCL facility were constructed before July 17, 2014 the facility will be subject to Subpart Cf. However, Tier 2 testing will have to be performed in Cell 1 of Segment 3 Expansion since it has contained waste for at least two years. NCP2016-2255VL16043_Title V Air Permit Renewal Proposal.doc engineers I scientists I innovators 339 Mr. Himanshu Mehta, P.E. Managing Director 21 September 2016 Page 3 PROPOSED SCOPE OF WORK This project includes professional engineering services required to renew the Title V Air Operation Permit for the IRCL facility. The scope of work is based on the requirements of Chapter 403 of the Florida Statue (F.S.), Chapters 62-4, 62-210 and 62-213 of the Florida Administrative Code (F.A.C.), and Geosyntec's understanding of the project based on information provided by SWDD and the NSPS requirements. Geosyntec will provide all engineering services necessary to prepare the 5 -year permit renewal application, including Tier 2 testing to calculate the NMOC, and address any RAI from FDEP. For budgeting purposes, the scope of work will be performed in four phases as follows: • Phase 1 — General Consulting/Meeting Support/Project Management; • Phase 2 — Tier 2 Testing and Reporting; • Phase 3 — Title V Permit Renewal Application; and • Phase 4 — Response to Regulatory Comments. Each of these phases is briefly described below. Phase 1 — General Consulting/Meeting Support/Project Management Under this phase, Geosyntec will perform project planning and management responsibilities, such as correspondence with SWDD and FDEP, invoice review, project coordination, budget and schedule tracking and project administration. Geosyntec has also included a budget for preparation and attendance (by two Geosyntec personnel) at two meetings: (i) kickoff meeting with SWDD staff to obtain information required to complete the application; and (ii) a meeting with FDEP and SWDD to discuss specific permitting issues. Geosyntec has assumed that the FDEP meeting will be held via teleconference in order to reduce overall costs to the project. Phase 2 —Tier 2 Testing and Reporting The scope of the Tier 2 testing and reporting phase includes the development of a test plan, field gas sampling, laboratory analysis, data evaluation, and reporting. We will collect gas samples from the existing gas collection system at a location prior to the flare station's blower and condensate knockout. Three samples will be collected into 6 or 8 liter SUMMA passivated canisters. In addition, nine samples will be collected from the 11 -acre Cell 1 by placing nine landfill gas probes in the landfill using a pilot probe inserted with a front-end loader. These NCP2016-2255VL16043_Title V Air Permit Renewal Proposal.doc engineers I scientists I innovators 340 Mr. Himanshu Mehta, P.E. Managing Director 21 September 2016 Page 4 samples will be collected from predetermined locations, marked and flagged by Geosyntec. Geosyntec has assumed that SWDD would provide a front-end loader and operator to assist with the placement of the gas probes into the landfill. The samples will collected 24 hours following probe placement into 6 or 8 liter SUMMA passivated canisters. Three sample locations will be composited into one canister, resulting into a total of three additional samples collected from Cell 1. The six samples will be sent under chain -of -custody protocol to an analytical laboratory for testing. Samples will be analyzed for: (i) NMOC by EPA Method 25C; (ii) Oxygen (02) by EPA Method 3C; (iii) Nitrogen (N2) by EPA Method 3C; (iv) Methane (CH4) by EPA Method 3C; and Carbon Dioxide (CO2) by EPA Method 3C. Sample collection and analysis will be performed by TRC Environmental Corporation (TRC), Gainesville, Florida as a subcontractor to Geosyntec. A copy of TRC's proposal is included as Attachment A. Geosyntec will review the analytical results, estimate annual NMOC mass emission rates, and prepare an NSPS Tier 2 NMOC emissions rate report that summarizes sampling and analysis activities and results. Data analysis will include the calculation of NMOC concentrations based on laboratory analysis and waste acceptance rates. Geosyntec will use the EPA's Landfill Gas Emissions Model Version 3.02 to estimate the NMOC emission rate. Results and conclusions regarding the need for compliance with the NSPS monitoring and reporting requirements of the Class I Landfill will be based on the regulatory threshold of 34 Mg/yr of NMOC emissions. Phase 3 — Title V Permit Renewal Application Geosyntec will prepare the FDEP Title V Air Operation Permit renewal application for the 1RCL facility. Geosyntec will complete FDEP, Division of Air Resource Management Form No. 62- 210.900(]) titled "Application for Air Permit - Long Form" and address the additional information items required by the form. The following activities will be performed to prepare the permit renewal application: • Facility plot plan; • Process flow diagram; • Precautions to prevent emissions of unconfined particulate matter; • List of insignificant activities; • Identification of applicable requirements; • Compliance report and plan NCP2016-2255VL16043_Title V Air Permit Renewal Proposal.doc engineers I scientists I innovators 341 Mr. Himanshu Mehta, P.E. Managing Director 21 September 2016 Page 5 • changes to current Title V Air Operation Permit; • Fuel analysis or specification; • Detailed description of control equipment; • Procedures for startup and shutdown; • Operation and maintenance plan; • Previously submitted information; and • Identification of applicable requirements Geosyntec will describe the existing emission control system for IRCL facility, and calculate the emissions of air pollutants expected to be released into the environment by its operation. Geosyntec will complete the required FDEP Form 62-210.900(1), and prepare a transmittal letter to FDEP that summarizes the permit renewal application package. Phase 4 — Response to Regulatory Comments Following submittal of the Permit Renewal Application, Geosyntec will meet with the Southeast District office of the FDEP Air Resource Management Division to present and discuss the application package. This meeting may be held via teleconference in order to reduce overall costs to the project. Geosyntec will provide FDEP with written responses to RAIs throughout the course of the permit application review process. For the purpose of the budget estimate, Geosyntec has estimated one response to FDEP RAI will be required. Geosyntec will also review and provide comments on the draft Title V Permit issued by FDEP to ensure that it's consistent with the facility requirements and does not contain unexpected compliance and monitoring requirements. SCHEDULE Geosyntec will initiate work immediately upon receipt of Notice to Proceed (NTP) from SWDD. Geosyntec has assumed that this NTP would be issued no later than 11 October 2016 in order for us to complete the work and submit the Title V Air Operation Permit Renewal Application to FDEP before the deadline of December 2, 2016. Also, we have tentatively scheduled the field sampling work for October 18, 2016 and will need to notify FDEP 2 weeks prior to the field work. NCP2016-2255VL16043_Title V Air Permit Renewal Proposal.doc engineers I scientists I innovators 342 Mr. Himanshu Mehta, P.E. Managing Director 21 September 2016 Page 6 BUDGET ESTIMATE AND ASSUMPTIONS Tile following assumptions were used to prepare the budget estimate discussed below: • Sampling of the landfill gas, including the probe samples from Cell 1, will require two (2) days of field time. Geosyntec will provide oversight including staking the locations for the gas probe and providing a landfill gas analyzer to purge the gas sampling probes prior to sample collection. • SWDD will provide a front-end loader and operator to assist with installation of the gas probes in Cell 1. • The field work is tentatively scheduled for October 18, 2016 and FDEP notification will be required two weeks prior to this date (i.e. by October 4, 2016). • Meetings with FDEP will be held via teleconference. The budget estimate for the scope of work outlined in this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment B. Note that the budget estimate for Phase 2 includes TRC's fees for collecting the samples and testing. The budget estimate does not include permit fees that will be required at the time the permit application is submitted to FDEP. Phase 1 —General Consulting/Meeting Support/Project Management $12,289 Phase 2 — Tier 2 Testing and Reporting $20,651 Phase 3 — Title V Renewal Permit Application $25,243 Phase 4: Response to Regulatory Comments $5,924 Total Budget Estimate $64,107 Geosyntec will not exceed the cost estimate without prior approval and written authorization from SWDD. NCP2016-22551JL16043_Title V Air Permit Renewal Proposal.doc engineers I scientists I innovators 343 Mr. I imanshu Mehta, P.E. Managing Director 21 September 2016 Page 7 CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention. Please call the undersigned with questions you may have as you review this proposal. Sincerely, Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Attachments NCP2016-2255VL16043_Title V Air Permit Renewal Proposal.doc engineers I scientists I innovators 344 ATTACHMENT A TIER 2 TESTING PROPOSAL engineers i scientists I innovators 345 www.TRCsolutions.com Mr. Kwasi Badu-Tweneboah, Ph.D., P.E., F.ASCE Geosyntec Consultants, Inc. 1200 Riverplace Boulevard, Suite 710 Jacksonville, Florida, 32207 RE: Tier 11 Sampling and Analysis at the Indian River County Landfill Dear Mr. Badu-Tweneboah, Ph.D., P.E., F.ASCE, r ACCREDITED TO ASTM D7036 ONLY CERT #3711,01 Proposal Number 264523.9990 Proposal Date: September 13, 2016 TRC Environmental Corporation (TRC) is pleased to submit this proposal to provide air measurement services to Geosyntec Consultants, Inc. (Geosyntec) at the Indian River County Landfill facility in Vero Beach, Florida. We understand that the services you have requested are required to conduct Tier II sampling and analysis of the landfill gases at the Indian River County Landfill for determination of non - methane organic compounds (NMOC) concentrations for use in Tier I calculations as part of the facility Title V permit applicable renewal. This letter defines our proposed scope of services, schedule, staffing, and price for the test program Geosyntec identified in an email received August 22, 2016. As you evaluate proposals for this important test program, please consider the following factors that we believe differentiate TRC and are essential to an emission -testing program that will serve your business objectives: • TRC knows your industry and understands the expectations of the regulatory community. We have performed a range of test programs for the solid waste industry and we have solid relationships with regulators in Florida. • TRC uses a true project management model. Dustin Banks will serve as the Project Manager for this project. Dustin has more than five years of emission testing experience and has managed numerous emission testing programs for a variety of industrial clients. Dustin will serve as your primary point of contact, keeping you apprised of project progress each step of the way. • Our test teams are experienced and equipped with properly maintained instrumentation, which is calibrated and traceable to the National Institute of Standards and Technology (NIST). As a result, we can help manage the risk of incurring unnecessary costs associated with maintaining operating conditions that may not meet your production needs but are required for the test program. • The safe execution of all aspects of our job is the first priority at TRC. TRC maintains a very low Experience Modification Ratio (EMR, 0.71 for 2015). We follow our safety program requirements and we will follow yours. • TRC is the first Air Emissions Testing Body (AETB) in the world to receive third -party accreditation to ASTM D7036 under the joint A2LA and Stack Testing Accreditation Council (STAC) evaluation process. TRC Proposal Number 264523.9990 346 Mr. Kwasi Badu-Tweneboah, Ph.D., P.E., F.ASCE Geosyntec Consultants, Inc. September 13, 2016 Page 2 Independent, third -party accreditation means that our management systems have been evaluated and have been found to conform to ASTM D7036 - a quality management standard that is directly applicable to source testing and a requirement for all Part 75 test programs. As a result, the data quality objectives necessary to produce reliable measurement results will be achieved. Proposed Scope of Services TRC will provide the labor, equipment, and technical expertise required to conduct your testing program as outlined below. The testing will be conducted at a landfill located in Indian River County by an Environmental Scientist. The actual mobilization, testing and equipment set-up and sampling, and demobilization will be conducted over a one -day schedule. All testing shall be conducted in one mobilization. The actual scope of work is to consist of the collection of landfill gas samples from the common header of the flare skid at a location prior to any condensate removal system at the Indian River Landfill. Samples will be collected into 6 or 8 liter SUMMA passivated canisters (supplied by an analytical laboratory), pre - charged halfway with Helium, in accordance with EPA Method 25C protocols. Three samples shall be collected at this location. The budget includes shipment of samples to and from an analytical laboratory (2 -day air with tracking labels) for analysis via EPA Methods 3C and 25C. Geosyntec or the landfill owner shall supply a landfill gas analyzer to purge the sampling system and verify the validity of the landfill gas (must contain less than 5% oxygen or 20% nitrogen) just prior to sample collection. TRC will perform the tests summarized in the following table(s): Table 1: Test Program Requirements, Flare Skid Parameter Method # of Duration Comment Samples (min) NMOC EPA Method 25C 3 15 to 20 Samples collected in triplicate and averaged Oxygen (02) EPA Method 3C 3 15 to 20 Samples collected in triplicate and averaged Nitrogen (N2) EPA Method 3C 3 15 to 20 Samples collected in triplicate and averaged Methane (CH4) EPA Method 3C 3 15 to 20 Samples collected in triplicate and averaged Carbon Dioxide (CO2) EPA Method 3C 3 15 to 20 Samples collected intriplicate and averaged Should Geosyntec determine that additional sampling is required from the new section of the landfill, installed in 2013, Cell I of Segment 3 Expansion, then an additional nine samples will be collected from the 11 -acre section. These samples shall be collected by placing nine landfill gas probes in the landfill using a pilot probe inserted with a front-end loader. These samples shall be placed in predetermined locations, marked and flagged by Geosyntec. The front-end loader and operator shall be supplied by the landfill facility. Samples will be collected 24 -hours following probe placement into 6 or 8 liter SUMMA Proposal Number 264523.9990 347 Mr. Kwasi Badu-Tweneboah, Ph.D., P.E., F.ASCE Geosyntec Consultants, Inc. September 13, 2016 Page 3 passivated canisters, compositing samples from three locations into each canister for a total of three additional samples analyzed. Table 2: Optional Test Program, Cell 1 of Segment 3 Expansion Parameter Method # of Duration Comment Staff Samples (min) Collect three samples for NMOC, 02, N2, CO2, and 02 NMOC EPA Method 25C 9 5 to 10 Three sample locations shall be 3 hours prior to the condensate removal system. composited as one canister Oxygen (02) EPA Method 3C 9 5 to 10 Three sample locations shall be composited as one canister Nitrogen (N2) EPA Method 3C 9 5 to 10 Three sample locations shall be composited as one canister Methane (CH4) EPA Method 3C 9 5 to 10 Three sample locations shall be composited as one canister Carbon Dioxide (CO2) EPA Method 3C 9 5 to 10 Three sample locations shall be composited as one canister TRC will review the EPA website(http://www.el2a.gov/ttn/emc/email.html#audit) in advance of the test program to determine if audit samples are available for this scope of work. If audit samples are available and the applicable regulatory agency(s) requires them for this scope of work, TRC can procure them on behalf of Geosyntec. Note that this process may take up to 30 days, and will require a change order. Project Schedule TRC will execute the referenced scope of services according to the following schedule: Table 3: Proposed Test Program Schedule (per Table 1 testing only) Day Activity # of On-site Staff Hours Tuesday, Collect three samples for NMOC, 02, N2, CO2, and 02 October 18, 2016 analysis from the Landfill Flare Skid Header, at a location 1 3 hours prior to the condensate removal system. All project days are considered consecutive weekdays and are scheduled to begin at 8:00 AM local time unless otherwise stated. TRC personnel shall not work more than sixteen hours in any day, nor more than ninety-one hours over a rolling seven-day period. We recommend scheduling projects a minimum of two weeks in advance to allow for the optimum allocation of resources. Deliverables TRC will provide Geosyntec with the following deliverables: • A draft of the report will be submitted no more than thirty calendar days after the completion of testing and receipt of all facility operational data. Proposal Number 264523.9990 348 Mr. Kwasi Badu-Tweneboah, Ph.D., P.E., F.ASCE Geosyntec Consultants, Inc. September 13, 2016 Page 4 • The final report will be submitted to Geosyntec no more than forty-five calendar days after the receipt of all Geosyntec comments. Geosyntec is responsible for submitting the report to the required regulatory agency(s). Due to other scheduled projects, the final report will be submitted no later than November 30, 2016. Price for Services TRC will charge Geosyntec a lump sum fee of $5,200 to complete the Proposed Scope of Services in accordance with the Proposed Test Program Schedule. This fee is based on the tasks presented in the following table: Table 4: Summary of Task Pricing Item Description Price Comments 1 Conduct testing per Table 1 (Flare Skid Testing by one-person with 3 Sampling and Analysis + Report) hours on-site over one day Total Test Program Price $5,200 --- Optional Pricing 2 Conduct testing per Tables 1 and 2 (Flare Skid Testing by two person crew Sampling and Analysis +Report) $11,900 with up to 12 hours on-site over a two-day schedule 3 Rental of front-end loader and operator Add $2,500 Est Only Estimate only, call for pricing. In the event that out -of -scope work is required, we will submit a written change order request based on the rates in Attachment 3. Out -of -scope work includes but is not limited to additional testing, standby time due to process delays or inclement weather. Project Cancellations or Postponements We plan to begin work on this project immediately upon notification of award. If this project is cancelled or the agreed-upon schedule changed, we reserve the right to invoice Geosyntec as follows: • More than five working/business days prior to scheduled mobilization: 5% of the previously referenced lump sum fee • After mobilization of project personnel: 10% of the previously referenced lump sum fee plus any non -reimbursable expenses Invoicing, Payment Terms and Remittance Options TRC will submit a single lump sum invoice upon completion of the field sampling. Payments not received within 30 days from the date billed are subject to a late payment charge of 1.5% per month until full payment is received. A purchase order or change order for charges due to delays, extensions or changes is required prior to the submittal of the final report. Proposal Number 264523.9990 349 Mr. Kwasi Badu-Tweneboah, Ph.D., P.E., F.ASCE Geosyntec Consultants, Inc. September 13, 2016 Page 5 Overnight TRC Lockbox Attn: 536282 307 23rd Street Extension, Suite 950 Pittsburgh, PA 15215 Tel: 877-550-5933 Note: The lockbox number is a required field in the address label US Postal Service TRC Lockbox P. 0. Box 536282 Pittsburgh, PA 15253-5904 Basis for Proposed Price Wire Transfer Beneficiary Account Number: 2232037090 Beneficiary Account Name: TRC Companies, Inc. - Concentration Account Bank Codes: ACH ABA No: 011500120 (Wires only) Routing #: 211170114 (ACH only) Swift Code No: CTZIUS33 Bank Name: RBS Citizens Remittance Detail Email: Arremitdetail@TRCSolutions.com TRC Contact: Paul McShane TRC Contact Phone Number: 860-298-6393 Reference: Reference invoice No. Unless specified elsewhere in this proposal, personal protective equipment (PPE) worn by TRC will consist of gloves, safety glasses, high -visibility reflective vests, hearing protection, hard hats and steel -toed leather shoes/boots. If additional PPE is required but not specified herein, a change order may be required. Our price is based on Geosyntec or the facility supplying TRC with the following items in order for this project to be executed as it has been proposed. 1. Copies of any test protocols, permits or agency communications, not prepared by TRC, that are relevant to the proposed scope of work. 2. Safe access to test locations. All known potential hazards, potential exposures and facility safety requirements must be communicated to TRC in advance of test team mobilization. Delays due to unsafe working conditions or unresolved safety concerns will result in additional charges, which will require a change order. 3. Washroom facilities for use by TRC employees. 4. A landfill gas analyzer, such as a GEM2000, equipped with a sampling pump and calibrated prior to the sampling event. This shall be used for system purges and to verify that the landfill gas going to the canister is free of ambient air leaks. 5. Should the Table 2 option be selected, the landfill facility shall supply a front-end loader with operator forfour hours during the first dayto push and remove the pilot probe into the landfill cover for placement of sampling probes. The front-end loader and operator shall be supplied for approximately two hours the second day to remove the probes that were installed into the cover. Agency Notification There may be a requirement to contact regulatory agencies regarding this scope of work. TRC will not initiate contact with any regulatory agency regarding this scope of work unless directed to do so in writing Proposal Number 264523.9990 350 Mr. Kwasi Badu-Tweneboah, Ph.D., P.E., F.ASCE Geosyntec Consultants, Inc. September 13, 2016 Page 6 by Geosyntec. Such requests must specify the regulatory agency(s) to be notified and the information to be conveyed. Terms and Conditions This proposal contains information that is confidential to TRC. Accordingly, the information herein may not be disclosed outside Geosyntec without prior written approval from TRC. Should a contract be awarded to TRC because of, or in connection with the submission of this proposal, Geosyntec shall have the right to duplicate, use or disclose the information to the extent provided in the resulting contract. TRC proposes to perform the work described in this proposal under the attached terms. If this proposal is acceptable, you may engage TRC by issuing a purchase order referencing proposal number 264523.9990, or by completing and returning to me the attached "Authorization to Proceed" form. The pricing in this proposal is valid for 120 days. Furthermore, this proposal is for the one-time completion of work described in the scope of services and project schedule. We appreciate the opportunity to submit this proposal and look forward to working with the Geosyntec team on this important project. Please do not hesitate to contact me at 512.201.1219 or Ibrenner@tresolutions.com if you have questions or require additional information. Respectfully submitted, TRC ENVIRONMENTAL CORPORATION Leonard Brenner Senior Project Manager Attachments: • Attachment 1— Work Authorization • Attachment 2 — TRC Terms and Conditions • Attachment 3 — TRC Billing and Equipment Rates Proposal Number 264523.9990 351 TRC Resultsou can rely Y on Attachment 1 Work Authorization Acceptance of TRC Proposal No. 264523.9990 Attention: Leonard Brenner Acceptance Authorization for TRC to commence work included in the above -referenced Proposal constitutes acceptance of this Agreement. Acceptance can be made by signing in the place provided below or by receipt of written authorization from Geosyntec Consultants, Inc. for TRC to commence work. Acceptance is limited to the terms stated herein, and any additional or different terms are rejected unless expressly agreed to in writing by TRC. Approved and accepted as of the date shown below Geosyntec Consultants, Inc. By: Signature Printed Name Title Date Proposal Number 264523.9990 352 TRC Resultsou can rely Y on Attachment 2 TERMS AND CONDITIONS 1.0 SERVICES TRC Environmental Corporation ("Consultant") will provide consulting and other professional services on behalf of Geosyntec Consultants, Inc. ("Client") as described in the Scope of Work set forth in Proposal Number 264523.9990 (the "Proposal"). Unless otherwise stated, Consultant's Proposal to perform the Scope of Work expires 120 days from its date and may be modified or withdrawn by Consultant prior to receipt of Client's acceptance. The offer and acceptance of any services or goods covered by the Proposal is conditioned upon these Terms and Conditions. Any additional or different terms and conditions proposed by Client are objected to and will not be binding upon Consultant unless specifically agreed to in writing by Consultant. An order or statement of intent to purchase Consultant's services, or any direction to proceed with, or acquiescence in the commencement of work shall constitute consent to these Terms and Conditions. 2.0 COMPENSATION 2.1 Consultant will invoice for its services as described in the Proposal. Prices or rates quoted do not include state or local taxes where applicable. Our services may include reimbursable expenses, which are charges incurred for travel, transportation, temporary lodging, meals, telephone calls, fax, postage, courier service, photographic, photocopying and other fees and costs reasonably incurred in connection with the services. 2.2 Unless otherwise stated in the Proposal, Consultant will submit invoices for services related to the Scope of Work on at least a monthly basis, and Client will make payment within thirty (30) days of receipt of Consultant's invoices. If Client objects to any portion of an invoice, the Client will notify Consultant within fifteen (15) days from the date of receipt of the invoice and will pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion of the invoice. 2.3 If Client fails to make any payment due to Consultant within thirty (30) days after receipt of an invoice, then the amount due Consultant will increase at the rate of 1.5 percent per month after the 30th day. If a retainer has been required and the Client has not paid the invoice within thirty (30) days, TRC shall be entitled to draw upon the retainer to satisfy the past due invoice. In addition, Consultant may, after giving seven (7) days' written notice to Client, suspend its services and any deliverables until Consultant has been paid in full for all amounts outstanding more than thirty (30) days. In the event that Consultant must resort to legal action to enforce collection of payments due, Client agrees to pay attorneys' fees and any other costs resulting from such action. 3.0 CLIENT RESPONSIBILITIES 3.1 Client will designate in writing the person or persons with authority to act in Client's behalf on all matters concerning the services to be performed by Consultant for Client. 3.2 Client will furnish to Consultant all existing studies, reports, data and other information available to Client which may be necessary for performance of the services, authorize Consultant to obtain additional data as required, and furnish the services of others, where necessary, for the performance of the Scope of Work. Consultant will be entitled to use and rely upon all such information and services. 3.3 Unless otherwise stated in the Proposal, Client shall be responsible to provide Consultant access to the work site or property to perform the work. 4.0 PERFORMANCE OF SERVICE 4.1 Consultant's services will be performed in conformance with the Scope of Work set forth in the Proposal. 4.2 Additional services will be performed and completed in conformance with any supplemental proposals or Scopes of Work approved in writing by the Client. 4.3 Consultant's services for the Scope of Work will be considered complete at the earlier of (i) the date when Consultant's report is accepted by the Client or (ii) thirty (30) days after the date when Consultant's report is submitted for final acceptance, if Consultant is not notified in writing within such 30 -day period of a material defect in such report. 4.4 If any time period within or date by which any of Consultant's services are to be performed is exceeded for reasons outside of Consultant's reasonable control, all rates, measures and amounts of compensation and the time for completion of performance shall be subject to equitable adjustment. 5.0 CONFIDENTIALITY Consultant will hold confidential all information obtained from Client, not otherwise previously known to us, unless such information comes into the public domain through no fault of ours, is furnished to us by a third party who is under no obligation to keep such information confidential, or is independently developed by us. 6.0 STANDARD OF CARE Proposal Number 264523.9990 353 C TRC Resultsou can rely Y on 6.1 In performing services, Consultant agrees to exercise professional judgment, made on the basis of the information available to Consultant, and to use the same standard of care and skill ordinarily exercised in similar circumstances by consultants performing comparable services in the region. This standard of care shall be judged as of the time and place the services are rendered, and not according to later standards. The expiration date of this standard of care is one (1) year from the date of completion of the services. Reasonable people may disagree on matters involving professional judgment and, accordingly, a difference of opinion on a question of professional judgment shall not excuse Client from paying for services rendered or result in liability to Consultant. 6.2 If any failure to meet the foregoing standard of care appears during one year from the date of completion of the service and Consultant is promptly notified thereof in writing, Consultant will at its option and expense re -perform the nonconforming services or refund the amount of compensation paid to Consultant for such nonconforming services. In no event shall Consultant be required to bear the cost of gaining access in order to perform its standard of care obligations. THE FOREGOING STANDARD OF CARE IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY. CONSULTANT DOES NOT WARRANT ANY PRODUCTS OR SERVICES OF OTHERS DESIGNATED BY CLIENT. 7.0 INSURANCE Consultant will procure and maintain insurance as required by law. At a minimum, Consultant will have the following coverage: (a) Workers' compensation and occupational disease insurance in statutory amounts. (b) Employer's liability insurance in the amount of $1,000,000. (c) Automotive liability in the amount of $1,000,000. (d) Comprehensive General Liability insurance for bodily injury, death or loss of or damage to property of third persons in the amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. (e) Professional errors and omissions insurance in the amount of $1,000,000. 8.0 INDEMNITY 8.1 Each Party will indemnify the other Party, its officers, directors and employees from and against any claims, costs, liabilities or expenses, including reasonable attorneys' fees, to the extent caused by the negligent or reckless acts or willful misconduct of the indemnifying Party in connection with the services hereunder. 8.2 Notwithstanding the foregoing, in the event that Consultant performs intrusive ground work as part of the Scope of Work, Client shall indemnify Consultant from and against any and all claims, costs, liabilities or expenses, including reasonable attorneys' fees, resulting from, or arising out of, damages to subsurface or underground utilities or structures, including but not limited to, gas, telephone, electric, water or sewer utilities whose locations were not designated or identified to Consultant prior to the commencement of any subsurface investigation or cleanup, including but not limited to, excavation, drilling, boring, or probing required to be conducted by Consultant as part of site investigation, characterization or remediation services. 8.3 To the extent the Scope of Work or any request for services under this Agreement requires Consultant to communicate (e.g., perform interviews) with any third party including, but not limited to, owners of off-site locations, former employees, current employees or governmental authorities, Consultant shall so inform Client. Client will indemnify Consultant from any claims, costs, liabilities or expenses, including reasonable attorneys' fees to the extent arising from claims of breach of confidentiality, waiver of privilege or otherwise, associated with any such communications. 9.0 ALLOCATION OF RESPONSIBILITY 9.1 Consultant shall be liable to Client only for direct damages to the extent caused by Consultant's negligence or willful misconduct in the performance of its services. UNDER NO CIRCUMSTANCES SHALL CONSULTANT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR FOR DAMAGES CAUSED BY CLIENT'S FAILURE TO PERFORM ITS OBLIGATIONS. To the fullest extent permitted by law, the total liability in the aggregate of Consultant and its employees, subcontractors or suppliers to Client and anyone claiming by, through or under Client on all claims of any kind (excluding claims for death or bodily injury) arising out of or in any way related to Consultant's services, or from any cause or causes whatsoever, including but not limited to negligence, errors, omissions, strict liability, indemnity or breach of contract, shall not exceed the total compensation received by Consultant under this agreement, or the total amount of $50,000, whichever is greater. All such liability shall terminate on the expiration date of the Standard of Care period specified in Section 6. 9.2 If Consultant furnishes Client with advice or assistance concerning any products, systems or services which is not required under the Scope of Work or any other contract among the parties, the furnishing of such advice or assistance will not subject Consultant to any liability whether in contract, indemnity, warranty, tort (including negligence), strict liability or otherwise. 10.0 DISPOSAL OF CONTAMINATED MATERIAL Proposal Number 264523.9990 354 C'TRC Resultsou can rely Y on 10.1 Client understands and agrees that Consultant is not, and has no responsibility as, a generator, operator, owner, treater, arranger or Storer of pre-existing substances or wastes found or identified at work sites, including drilling and cutting fluids and other samples. Consultant shall not directly or indirectly assume title to such substances or wastes and shall not be liable to third parties alleging that Consultant has or had title to such materials. Client will indemnify and hold harmless Consultant from and against all losses, damages, costs and expenses, including but not limited to attorneys' fees, arising or resulting from actions brought by third parties alleging or identifying Consultant as a generator, operator, arranger, storer, treater or owner of pre-existing substances or wastes found or identified at work sites. 10.2 Ownership of all samples obtained by Consultant from the project site is maintained by Client. Consultant will store such samples in a professional manner for the period of time necessary to complete the project. Upon completion of the project, Consultant will return any unused samples or portions thereof to Client or, at Consultant's option using a manifest signed by Client as generator, dispose of the samples in a lawful manner and bill Client for all costs related thereto. Consultant will normally store samples for thirty (30) days. 11.0 OWNERSHIP OF DOCUMENTS 11.1 All notes, memoranda, drawings, designs, specifications and reports prepared by Consultant shall become Client's upon completion of the payment to Consultant as provided herein. 11.2 All documents including drawings and specifications prepared by Consultant pursuant to the Scope of Work are instruments of service with respect to this project. Such documents are not intended or represented to be suitable for reuse by Client or by any other party on subsequent extensions or phases of this project or site or on any other project or site without the written consent of both Client and Consultant. 11.3 Any reuse without written approval or adaptation by Consultant for the specific purpose intended will be at the Client's sole risk and without liability or legal exposure to Consultant. Any such reuse requested by Client will entitle Consultant to further compensation at rates to be agreed upon by Client and Consultant. A request by Client to provide a letter of reliance to a third party will entitle Consultant to assess a small charge in connection with documenting its consent. 11.4 Consultant will retain the technical project file for a period of six (6) years from project completion (if Client is a governmental entity, files shall be maintained for a 10 -year period following project completion). Client shall notify Consultant at the completion of work if Client requires the file in this matter to be transferred to Client or another entity, or retained by Consultant for a longer period of time. In the absence of any written instructions to the contrary from Client, Consultant will have the right to discard any and all files, records or documents of any type related to the Scope of Work after the 6 -year period. During this 6 -year period, any requests for document recovery and reproduction will be assessed a fee in accordance with Consultant's Schedule of Fees. 12.0 INDEPENDENT CONTRACTOR Consultant is an independent contractor and shall not be regarded as an employee or agent of the Client. 13.0 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS The Consultant shall observe all applicable provisions of the federal, state and local laws and regulations, including those relating to equal opportunity employment. 14.0 SAFETY 14.1 Client shall be obligated to inform Consultant and its employees of any applicable site safety procedures and regulations known to Client as well as any special safety concerns or dangerous conditions at the site. Consultant and its employees will be obligated to adhere to such procedures and regulations once notice has been given. 14.2 Unless specifically provided in the Scope of Work, Consultant shall not have any responsibility for overall job safety at the site. If in Consultant's opinion, its field personnel are unable to access required locations or perform required services in conformance with applicable safety standards, Consultant may immediately suspend performance until such safety standards can be attained. If within a reasonable time site operations or conditions are not brought into compliance with such safety standards, Consultant may in its discretion terminate its performance in accordance with Section 17.0, in which event Client shall pay for services and termination expenses as provided herein. 15.0 LITIGATION At the request of Client, Consultant agrees to provide testimony and other evidence in any litigation, hearings or proceedings to which Client is or becomes a party in connection with the Scope of Work. Client agrees to compensate Consultant at its Litigation Rates in effect at the time the services are rendered for its time and other costs in connection with such evidence or testimony. Similarly, if Consultant is compelled by legal process to provide testimony or produce documents or other evidence in connection with services performed, Consultant agrees to contact Client and cooperate with Client and Client's counsel. Client agrees to compensate Consultant at its Litigation Rates in effect at the time the services are rendered for its time, expense and retention of counsel in connection with such testimony or document and other evidentiary production. 16.0 NOTICE Proposal Number 264523.9990 355 TRC Resultsou can rely Y on All notices to either party by the other shall be deemed to have been sufficiently given when made in writing and delivered in person, by facsimile, email, certified mail or courier to the address of the respective party or to such other address as such party may designate. 17.0 TERMINATION The performance of services may be terminated or suspended by either party, in whole or in part. Such termination shall be effected by delivery of seven (7) days prior written notice specifying the extent to which performance of services is terminated and the date upon which such action shall become effective. In the event services are terminated or suspended by Client (or by Consultant as provided herein) prior to the completion of services contemplated hereunder, Consultant shall be paid for (i) the services rendered to the date of termination or suspension; (ii) demobilization costs; (iii) costs incurred with respect to noncancellable commitments; and (iv) reasonable services provided to effectuate a professional and timely project termination or suspension. 18.0 SEVERABILITY If any term, covenant, condition or provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of these Terms and Conditions shall remain in full force and effect, and shall in no way be affected, impaired or invalidated thereby. 19.0 WAIVER Any waiver by either Party or any provision or condition of these Terms and Conditions shall not be construed or deemed to be a waiver of a subsequent breach of the same provision or condition, unless such waiver is so expressed in writing and signed by the Party to be bound. 20.0 GOVERNING LAW These Terms and Conditions will be governed by and construed and interpreted in accordance with the laws of the State of Connecticut. 21.0 CAPTIONS The captions of these Terms and Conditions are intended solely for the convenience of reference and shall not define, limit or affect in any way the provisions, terms and conditions hereof or their interpretation. 22.0 ENTIRE AGREEMENT These Terms and Conditions and Proposal Number 264523.9990, including the Scope of Work, represent the entire understanding and agreement between the Parties and supersede any and all prior agreements, whether written or oral, and may be amended or modified only by a written amendment signed by both Parties. Proposal Number 264523.9990 356 (C -'TRC Resultsou can rely Y on Attachment 3 TRC Billing Rates Proposal Number 264523.9990 Project Labor Billing Rates Labor Description Billing Rate Units Field Team Leader $100 hour Test Crew Standby or Additional Testing $200 hour (two person crew) Overtime Test Crew Standby or Additional Testing (for over 12 -hours of work per day) $300 hour (two person crew) Consulting (Senior Project Manager) $171 hour Project Equipment Use Billing Rates Equipment Description Billing Rate Units Truck Rental $100 day Rental of Additional Probes $50 probe Sampling Equipment Rental $150 day Billing Rates for Other Direct Costs Cost Category Billing Rate Extended Canister Rental (over 10 -day period) ($4 per canister per day) Actual cost + 10% Additional Sample Analysis (EPA Methods 3C/25C) ($350 per sample) Actual cost + 10% Additional Per Diem ($236 per person) Actual cost + 10% Proposal Number 264523.9990 357 ATTACHMENT B DETAILED BUDGET ESTIMATE engineers 1 scientists I innovators 358 Table 1 BUDGET ESTIMATE TITLE V PERMIT RENEWAL APPLICATION INDIAN RIVER COUNTY CLASS I LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 1: PROJECT MANAGEMENT/MEETINGS ITEM BASIS RATE QUANTITY ESTIMATED COST Professional Services a. Senior Principal Hr $222 0 $0 b. Principal Hr $210 26 $5,460 c. Senior Professional Hr $185 10 $1,850 d. Project Professional Hr $152 0 $0 e. Professional Hr $132 20 $2,640 f. Senior Professional Hr $117 0 $0 g. Staff Professional Hr $99 0 $0 Subtotal Professional Services $9,950 B. Technical/Administrative Services a. CADD Designer Hr $135 4 $540 b. Senior Drafter/Senior CADD Operator Hr $133 0 $0 c. Administrative Assistant Hr $92 8 $736 d. Technical Word Processor Hr $95 0 $0 e. Clerical Hr $56 4 $224 Subtotal Technical/Administrative Services $1,500 C. Reimbursables a. Lodging Day $100 0 $0 b. Per Diem Day $51 2 $102 c. Communications Fee 3% Labor 0.03 $11,450 $344 d. CADD Computer System Hr $15 4 $60 e. Vehicle Rental & Fuel Day $150 2 $300 f. 8"x11" Photocopies Each $0.12 25 $3 g. CADD Drawings Each $3 10 $30 Subtotal Reimbursables $839 TOTAL ESTIMATED BUDGET: PHASE 01 $12,289 XL11275/JL16043_Budget Estimate_Rev1.xls Geosyntec Consultants 359 Table 2 BUDGET ESTIMATE TITLE V PERMIT RENEWAL APPLICATION INDIAN RIVER COUNTY CLASS I LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 2: Tier 2 Testing & Reportina ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $222 0 $0 b. Principal Hr $210 4 $840 c. Senior Professional Hr $185 8 $1,480 d. Project Professional Hr $152 0 $0 e. Professional Hr $132 20 $2,640 f. Senior Staff Professional Hr $117 0 $0 g. Staff Professional Hr $99 0 $0 Subtotal Professional Services $4,960 B. Tech nicaUAdministrative Services a. CADD Designer Hr $135 4 $540 b. Drafter/CADD Operator/Artist Hr $133 0 $0 c. Technical/Administrative Assistant Hr $92 4 $368 d. Technical Word Processor Hr $95 4 $380 e. Clerical Hr $56 4 $224 Subtotal Technical/Administrative Services $1,512 C. Reimbursables a. Lodging Da $100 2 $200 b. Per Diem Da $51 2 $102 c. Communications Fee 3% Labor 0.03 $6,472 $194 d. CADD Computer System Hr $15 4 $60 e. Sampling & Testing Subcontractor Est $11,900.00 1.07 $12,733 f. Landfill Gas Analyzer Rental Da $250.00 2 $500 Vehicle Rental & Fuel Da $150.00 2 $300 h. 8"x11" Photocopies Each $0.12 500 $60 i. CADD Drawings Each $3 10 $30 Subtotal Reimbursables $14,179 TOTAL ESTIMATED BUDGET: PHASE 02 $20.651 360 Table 3 BUDGET ESTIMATE TITLE V PERMIT RENEWAL APPLICATION INDIAN RIVER COUNTY CLASS I LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 3: TITLE V PERMIT RENEWAL APPLICATION 1.ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $222 0 $0 b. Principal Hr $210 16 $3,360 c. Senior Professional Hr $185 44 $8,140 d. Project Professional Hr $152 0 $0 e. Professional Hr $132 72 $9,504 f. Senior Staff Professional Hr $117 0 $0 g. Staff Professional Hr $99 0 $0 Subtotal Professional Services $21,004 B. Technical/Administrative Services a. CADD Designer Hr $135 12 $1,620 b. Senior Drafter/Senior CADD Operator Hr $133 0 $0 c. Administrative Assistant Hr $92 0 $0 d. Technical Word Processor Hr $95 16 $1,520 e. Clerical Hr $56 0 $0 Subtotal Technical/Administrative Services $3,140 C. Reimbursables a. Lodging Day $100 0 $0 b. Per Diem Day $45 0 $0 c. Communications Fee 3% Labor 0.03 $24,144 $724 d. CADD Computer System Hr $15 12 $180 e. Vehicle Rental & Fuel Day $150 0 $0 f. 8"x11" Photocopies Each $0.12 1000 $120 g. CADD Drawings Each $3 25 $75 Subtotal Reimbursables $1,099 TOTAL ESTIMATED BUDGET: PHASE 03 X25 243 XL11275/JL16043_Budget Estimate_Rev1.xls Geosyntec Consultants 361 Table 4 BUDGET ESTIMATE TITLE V PERMIT RENEWAL APPLICATION INDIAN RIVER COUNTY CLASS I LANDFILL INDIAN RIVER COUNTY, FLORIDA PHASE 4: RESPONSE TO REGULATORY COMMENTS ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $222 0 $0 b. Principal Hr $210 8 $1,680 c. Senior Professional Hr $185 10 $1,850 d. Project Professional Hr $152 0 $0 e. Professional Hr $132 12 $1,584 f. Senior Staff Professional Hr $117 0 $0 g. Staff Professional Hr 1 $99 0 $0 Subtotal Professional Services $5,114 B. Technical/Administrative Services a. Designer Hr $135 0 $0 b. Senior Drafter/Senior CADD Operator Hr $133 0 $0 c. Administrative Assistant Hr $92 0 $0 d. Technical Word Processor Hr $95 6 $570 e. Clerical Hr $56 0 $0 Subtotal Technical/Administrative Services $570 C. Reimbursables a. Vehicle Rental & Fuel Day $150 0 $0 b. Communications Fee 3% Labor $0.03 $5,684 $171 C. CADD Computer System Hr $ 15.00 $0 $0 d. 8"x11" Photocopies Each $0.12 75 $9 e. CADD Drawings Each $3.00 20 $60 Subtotal Reimbursables $240 TOTAL ESTIMATED BUDGET: PHASE 04 $5 924 XL11275/J1-16043_Budget Estimate_Revl.xls Geosyntec Consultants 362 /.5- 6 "a INDIAN RIVER COUNTY4iV1.IlCo\. SOLID WASTE DISPOSAL DISTRICT Iz (iiiw% �i BOARD MEMORANDUM `xc_Yo,", Date: October 14, 2016 EMERGENCY ADDITION To: Jason E. Brown, County Administrator October 18, 2016 Thru: Vincent Burke, Director of Utility Services Solid Waste Disposal District 1562 From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District• Subject: Eighth Amendment to Feedstock Supply Agreement BACKGROUND: On October 3, 2016, Governor Rick Scott issued Executive Order Number 2016-230, declaring that a state of emergency existed in the State of Florida by reason of Hurricane Matthew. Pursuant to section 101.10(1) of the Code of Indian River County, and Resolution 2015-127 of the Board of County Commissioners, the County Administrator declared a local state of emergency existed in Indian River County, effective as of 7:00 a.m., on October 6, 2016. Prior to expiration of the local emergency, the County Administrator declared that a local state of emergency existed and continued to exist in all of Indian River County, effective as of October 13, 2016. During the emergency, the Indian River BioEnergy Center operated by INEOS New Planet BioEnergy, LLC requested to utilize the Indian River County landfill for processing of excessive hurricane generated vegetative debris received at their facility from residents of Indian River County. The attached Eighth Amendment to Feedstock Supply Agreement memorializes and ratifies this arrangement. IIIIJU]IMOP Funding for yard waste processing is budgeted and is available in the Other Professional Services account in the SWDD Recycling fund. The account has a total budget of $896,000 for the 2016/2017 fiscal year. RECOMMENDATION: Staff recommends that the Board ratify and approve the attached Draft Eighth Amendment and authorize the chair to execute the Eighth Amendment upon final review and approval by the County Attorney. Attachment 1: Eighth Amendment to Feedstock Supply Agreement APPROVED FOR OCTOBER 18, 2016 BCC MEETING 5 �,0LID WAST lS�AL DISTRICT Jason lir. Broivn, Count y-dministrator SWDD Agenda - 8th Amendment to Feedstock Agreement Indian River Co. Approved Date Administration 10 /7 /L SWOD_Director ,-7r ,Ib Budget �D 6 Legal cl .3 Attachment 1 EIGHTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT THIS EIGHTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Eighth Amendment") is entered into as of this day of October, 2016, by and between the Indian River County Solid Waste Disposal District ("District"), a dependant special district of Indian River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS"), a Delaware limited liability company. (Capitalized terms that are used but not defined in this Eighth Amendment shall have the meaning set forth in the Parties' Feedstock Supply Agreement, the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, and Seventh Amendment as described below). WITNESSETH: WHEREAS, on July 15, 2011, the Parties entered into the Feedstock Supply Agreement ("Feedstock Agreement"), which was subsequently amended by the First Amendment to Feedstock Supply Agreement, dated March 13, 2012 ("First Amendment"), by the Second Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement of Section 7.4, dated April 25, 2012 ("Second Amendment"), by the Third Amendment to Feedstock Supply Agreement, dated November 13, 2012 ("Third Amendment"), by the Fourth Amendment to Feedstock Supply Agreement, dated March 19, 2013 ("Fourth Amendment"), by the Fifth Amendment to Feedstock Supply Agreement, dated May 21, 2013 ("Fifth Amendment"); and by the Sixth Amendment to Feedstock Supply Agreement, dated August 20, 2013 ("Sixth Amendment"); and by the Seventh Amendment to Feedstock Supply Agreement, dated December 17, 2013 ("Seventh Amendment"); WHEREAS, in section 2 of the Seventh Amendment, the District extended the temporary license for INEOS to occupy and use the District's Vegetative Waste Management Area for storage of various stages of vegetative materials and wood chips for a period of time ending, at the latest, on March 31, 2014; WHEREAS, as a result of excessive vegetative debris generated from Hurricane Matthew, the Parties desire to allow the use of the District "Vegetative Waste Management Area" for the receipt and management of Vegetative Waste from October 10, 2016 until November 30, 2016 to allow the INEOS Facility Site to return to normal operations; and NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District and INEOS agree as follows: 1. Recitals. The foregoing recitals are true and correct, and incorporated as if fully restated herein. 2. Amendment of Section 2 of the Eighth Amendment. The second sentence of section 2 of the Seventh Amendment is hereby deleted in its entirety and replaced with the following language: "The term of this license shall commence on October 10, 2016 and terminate on November 30, 2016, unless the license is terminated sooner as a result of a Party's F.-WinrmrslrnMIDD PRQIMMGm&N'oare To E-r&OFeedsrock Sopp(yAg— -AUminim No 8Teedsrock Agnnl- 8dr Anrerrdmem.doc -3b)4 failure to comply with the requirements herein or if the parties mutually agree to terminate before the end of the term. INEOS agrees to remove all chipped material from the District Vegetative Waste Management Area less any beneficial reuse material due to the District". 3. Other Provisions. Except as amended herein and in the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment and Seventh Amendment all remaining provisions of the Feedstock Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this Eighth Amendment is executed by the authorized representatives of the Parties, as of the day and year first above written. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Per Resolution 2016-127 and Proclamation Declaring Emergency, dated October 6, 2016 and Proclamation Declaring and Extending Emergency, dated October 13, 2016 Signed, sealed and delivered in the presence of: Print name: Print name: INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ("District") By: Bob Solari, Chairman Ratified by BCC: 2016. Approved as to form and legal sufficiency: Dylan Reingold, County Attorney INEOS NEW PLANET BIOENERGY, LLC ("Company") IM Print name: Print title: F.W n—h.WHDD PRGJECT&G- & W.1, To E—AyW e&IwA Supply AgmenienM—ndn— No ffeedarock Agnd - 8M Anle.dMew doc 3 b', 15.8 3 %FIV c� INDIAN RIVER COUNTY ;ISI SOLID WASTE DISPOSAL DISTRICT z C. BOARD MEMORANDUM Date: October 13, 2016 EMERGENCY ADDITION To: Jason E. Brown, County Administrator October 18, 2016 Thru: Vincent Burke, Director of Utility Services Solid Waste Disposal District 15133 From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District -PA .1m Subject: Agreement with FDOT for Hurricane Generated Vegetative Debris Disposal from State Roads BACKGROUND: On October 3, 2016, Governor Rick Scott issued Executive Order Number 2016-230, declaring that a state of emergency existed in the State of Florida by reason of Hurricane Matthew. Pursuant to section 101.10(1) of the Code of Indian River County, and Resolution 2015-127 of the Board of County Commissioners, the County Administrator declared a local state of emergency existed in Indian River County, effective as of 7:00 a.m., on October 6, 2016. Prior to expiration of the local emergency, the County Administrator declared that a local state of emergency existed and continued to exist in all of Indian River County, effective as of October 13, 2016. During the emergency, the Florida Department of Transportation requested to utilize the Indian River County landfill for disposal of hurricane generated vegetative debris located on state highways. FDOT agreed to pay a tipping fee of $24.48 per ton. The attached Hurricane Matthew Generated Vegetative Debris Disposal Agreement (the "Agreement') memorializes and ratifies this arrangement. No funding is required for this project. RECOMMENDATION: Staff recommends that the Board ratify and approve the attached Draft Agreement and authorize the chair to execute the Agreement upon final review and approval by the County Attorney. Attachment 1: Hurricane Matthew Generated Vegetative Debris Disposal Agreement APPROVED FOR OCTOBER18, 2016 BCC MEETING ,SOLID WASTE NSPQ..,AL DISTRICT Jason E./Browo, County A6m- inistrator SWDD Agenda (2016 FDOT Rate) Indian River Co. Ap'peed Date Administration SW Director d 1716 7— w�Y7`iV Budget /0 1711 Legal 3&(, Attachment 1 HURRICANE MATTHEW GENERATED VEGETATIVE DEBRIS DISPOSAL AGREEMENT BETWEEN THE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT AND THE FLORIDA DEPARTMENT OF TRANSPORTATION THIS HURRICANE MATTHEW GENERATED VEGETATIVE DEBRIS DISPOSAL AGREEMENT ("Agreement") is made and entered into as of the _ day of October, 2016, by and between the and the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, FL 32960 ("SWDD") and the Florida Department of Transportation, whose mailing address is ("FDOT") . WHEREAS, SWDD operates the Indian River County Class I landfill ("IRC Landfill") located at 1325 SW 74th Avenue in Vero Beach, Florida; and WHEREAS, Indian River BioEnergy Center located adjacent to the IRC Landfill is operated by INEOS New Planet BioEnergy, LLC ("INEOS"); and WHEREAS, vegetative debris taken to the IRC Landfill is generally processed at the Indian River BioEnergy Center; and WHEREAS, due to the quantity of vegetative debris generated by Hurricane Matthew, FDOT has requested that SWDD accept the vegetative debris generated by Hurricane Matthew and located on state roads at the IRC Landfill to eventually be disposed at the Indian River BioEnergy Center; NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree, as follows: Section 1. Recitals. The above recitals are true and correct and are incorporated herein. Section 2. Delivery and Acceptance of Hurricane Matthew Generated Vegetative Debris. FDOT may transport and deliver Hurricane Matthew generated vegetative debris (the "Debris") to the IRC Landfill, and SWDD shall accept the Debris at IRC Landfill for eventual disposal at the Indian River BioEnergy Center. Debris shall be "tipped" at specific locations within the IRC Landfill as designated by SWDD or its representative. Only vegetative debris shall be accepted. Vegetative debris contained in plastic bags and other non -vegetative debris will not be accepted. The parties shall cooperate with respect to the delivery schedule for the Debris. FDOT's FDOT Vegetative Debris Agreement (004) —3&7 transporter shall comply with all other rules and regulations of SWDD relating to the IRC Landfill. Section 3. Term of the Agreement The term of this agreement shall be for 3 months commencing on October _, 2016, and terminating on January _, 2017. Section 4. Disposal Fee. FDOT shall pay to SWDD a fee for the processing and disposal of Debris in the amount of $24.48 per ton. Section 5. Indemnification. Each party shall hold harmless and indemnify the other party from and against any and all losses, damages, claims, causes of action, expenses and liabilities of any type whatsoever (collectively, "Claims") arising out of or relating to the indemnifying party's negligence, intentional wrongdoing, breach of applicable law or breach of this agreement; provided, however, that neither party shall be required to, hold harmless or indemnify the other party for any Claims arising out of or relating to such other party's negligence, intentional wrongdoing, breach of applicable law or breach of this agreement. Notwithstanding the above, neither party waives its sovereign immunity as set forth in Florida law and the parties' obligations under the Agreement shall be subject to the limitations set forth and provided for in Section 768.28, Florida Statutes. Section 6. Insurance. FDOT shall maintain the following insurance: (a) General liability of $300,000 per occurrence combined single limit, (b) Automobile liability insurance of $300,000 per occurrence combined single limit (c) Statutory workers' compensation with Employer's Liability insurance of $100,000 each accident, $500,000 disease (policy limit), and $100,000 disease each employee. Section 7. Force Majeure/Emergency. Any non-performance of the terms or conditions of this agreement caused by or resulting from an event of Force Majeure (as defined below) shall not constitute a violation or event of default. In addition, SWDD reserves the right to refuse to accept the FDOT's Debris in the event of an emergency, as determined by SWDD in its sole discretion. For the purposes of this agreement, the term "Force Majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, explosions, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes, tropical storms, floods, tornadoes, restraints of governments, civil disturbances, unavoidable breakage of machinery or equipment, enactment of applicable laws prohibiting performance, and other such causes not within the reasonable control of the party claiming the occurrence of an event of Force Majeure. Section S. Notices. Any notice required to be provided under this agreement shall be provided to the following persons and addresses: If to FDOT: Gabe Tiska Maintenance Manager/Field Operations Treasure Coast Operations 3601 Oleander Ave Fort Pierce, FL 34982 FDOT Vegetative Debris Agreement (004) / g If to SWDD: Indian River County Solid Waste Disposal District 1801 27th Street Vero Beach, Florida 32960 Attention: County Administrator cc: Director of Utility Services Section 9. Default; Remedies for Default. (a) The following shall be deemed to constitute a default of the terms of this Agreement: 1. The failure by FDOT to pay any amount of money due under this Agreement; 2. The failure by FDOT or SWDD to comply with any other provision or condition of this Agreement. (b) FDOT and SWDD shall have all remedies for any default by the other party as provided for at law or in equity. Section 10. Attorney's Fees. In the event of any litigation relating to this agreement, each party shall pay its own attorney's fees. Section 11. Miscellaneous Provisions. (a) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for resolution of any dispute arising hereunder shall be in Indian River County, Florida. (b) This Agreement sets forth all the promises, agreements, conditions, and understandings, either oral or written, between them. No subsequent alteration, amendment, change, or addition to this Agreement will be binding on the City or SWDD unless in writing and signed by them and made a part of this Agreement by direct reference. (c) The terms of this Agreement shall be binding on the respective successors, contractors, representatives, agents, and assigns of the parties. Neither party may assign its rights or obligations hereunder without the prior written consent of the other party. (d) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. Section 12. Effective Date. This agreement shall be effective as of the date that it is fully executed by both parties. 30 FDOT Vegetative Debris Agreement (004) ATTEST: Jeffrey R: Smith, Clerk of Circuit Court and Comptroller Deputy Clerk (SEAL) Approved as to form and legal sufficiency INDIAN RIVER COUNTY, FLORIDA SOLID WASTE DISPOSAL DISTRICT By: Bob Solari Chairman Date: Approved: Dylan Reingold Jason E. Brown County Attorney County Administrator Per Resolution 2016-127 and Proclamation Declaring Emergency, dated October 6, 2016, and Proclamation Declaring and Extending Emergency, dated October 13, 2016. ,37(3 FDOT Vegetative Debris Agreement (004)