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05/16/2017 (3)
Eke aTII ifs. G �ORl�i BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MAY 16, 2017 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph E. Flescher, Chairman, District 2 Jason E. Brown, County Administrator Peter D. O'Bryan, Vice Chairman, District 4 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R Smith, Clerk of the Circuit Court and Comptroller Bob Solari, District 5 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.11. INVOCATION Reverend Steve Jones, Vero Christian Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation by Bart Gaetjens, Florida Power and Light External Affairs Manager, Regarding Florida Power and Light Offer for City of Vero Beach Electric 5.13. Presentation of Proclamation Recognizing May 14 through 20, 2017 as National Police Week 5.C. Presentation of Proclamation. Designating the Week of May 20 through May 26, 2017, as National Safe Boating Week 5.D. Presentation of Proclamation Designating May 29, 2017 as Memorial Day 5.E. Presentation by Curtis Paulisin and Colonel Marty Zickert, Veterans Council of Indian River County, on 3rd Annual Veterans Outreach Golf Tournament, Saturday, June 17th, 2017 May 16, 2017 Page 1 of 5 6. APPROVAL OF MINUTES 6.A. Regular Meeting of April 4, 2017 6.B. Regular Meeting of April 11, 2017 6.C. Regular Meeting of April 18, 2017 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Appointment of Member and Alternate to the Indian River Lagoon National Estuary Program Board of Directors 8. CONSENT AGENDA 8.A. Checks and Electronic Payments April 28, 2017 to May 4, 2017 8.B. Approval of Work Authorization No. 2017-003 to Replace Water Services in Park Place Mobile Home Park - Phase I, UCP 44133 8.C. Moorings Landscape Maintenance Commitment 8.1). Work Order No. 6, MBV Engineering, Inc., Atlantic Boulevard Parking Area Project (SR 60 & 43rd Ave.) 8.E. Board Approval of Resolution Authorizing Grant Application to the Florida Inland Navigation District for Public Access Improvements at the Oyster Bar Marsh Conservation Area 8.F. Rejection of Bids for Annual Telecommunication Systems Equipment, Material, Supplies, Maintenance, and Installation (Bid 2017025) 8.G. West Regional Wastewater Treatment Facility Filter Replacement 8.H. Approval of Smoke Free Workplace Policy 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES Indian River County Clerk of the Circuit Court and Comptroller, Jeffrey R. Smith: Continuation of the Consolidation of Deferred Compensation Plans Indian River County Clerk of the Circuit Court and Comptroller, Jeffrey R. Smith: Continuation of the Consolidation of Deferred Compensation Plans 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Request for Authorization to Submit an FY 2017 Grant Application f6r 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance (Administrative) B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS May 16, 2017 Page 2 of 5 10.C.1. Notice of Public Hearing for May 23, 2017: Robert Pritchett's Request for Abandonment of a Right -of -Way for a 16 Foot Wide Alley Running from 129th Court to 129th Street and Lying Immediately Adjacent and Contiguous to Lots 1-10, Block 18 of the Townsite Plat of Roseland Subdivision [ROWA-17-06-03 / 2017030030-78850] (Legislative) 11. COUNTY ADMINISTRATOR MATTERS 11.A. Indian River Shores Property Right of First Refusal 11.11. Collective Bargaining Agreement Between Indian River County and the International Association of Firefighter's, Local 2201 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget Outside Agency Funding Policy Revision and Requirement for Grant Sub -Recipient Agreements Outside Agency Funding Policy Revision and Requirement for Grant Sub -Recipient Agreements F. Public Works G. Utilities Services 12.G.1. North Sebastian Septic to Sewer (S2S) Phase 1 - Bid Status of Bid No. 2017-046 13. COUNTY ATTORNEY MATTERS 13.A. Demolition Liens 13.B. Agreement for On -The -Job Training with the Arc of Indian River County, Inc. 13.C. 2017-2018 State Legislative Final Report 13.D. Resolution of Support for the Sale of the City of Vero Beach Electric Utility by the City of Vero Beach to Florida Power & Light 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman May 16, 2017 Page 3 of 5 B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Bob Solari E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS • A. Emereencv Services District B. Solid Waste Disposal District 15.13.1. Approval of Minutes Meeting of February 21, 2017 15.13.2. Approval of Minutes Meeting of March 7, 2017 15.13.3. Approval of Minutes Meeting of March 21, 2017 15.13.4. WO No. 5 to Geosyntec for One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the Former South Gifford Road Landfill C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. May 16, 2017 Page 4 of 5 Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a. m.. until 5.00 p. m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00p. m. May 16, 2017 Page 5 of 5 Letter of Intent to Purchase City of Vero Beach Electric System Bart Gaetjens, External Affairs Manager Florida Power & Light Company May 16, 2017 FPL is proposing a new offer of nearly $185 million for all COVB electric utility customers and assets Updated Offer for COVB Electric Utility Approximately $184.6 million cash offer for the COVB Electric Utility includes: — $108 million — FMPA power entitlements and additional risks (Vero's share) — $20 million — OUC agreement buyout — —$20 million — COVB bond payoff — $20 million — Cash payment to COVB — $10 million — Pre -payment for 99 -year lease for substation land — —$6.6 million — Cash funding of employee pension liability • Allows for complete termination of all existing FMPA and OUC contracts • Benefits for both existing FPL customers and Vero Beach customers through the completion of this transaction FPL 5�\ 5-16-17 F FPL's offer includes benefits for the City and electric system employees while protecting existing FPL customers COVB Benefits • Payoff of COVB electric utility bond obligations • One-time cash payment of $20 million - Plus pre -payment of $10 million for a 99 -year lease for the substation • Franchise fee payments - Likely to be approximately $1.5 million in annual revenue to COVB • COVB electric utility employees and pension - FPL will offer employment for the existing -65 COVB electric utility employees based on their qualifications - Bargaining unit integration will be addressed by the FPL labor team (COVB employees are part of the Teamsters union) • FPL will also pay COVB $6.6 million to fund the total pension liability for the transferred employees In total, unencumbered cash benefit to the City in excess of $30 million + annual franchise fees Multiple approvals needed to close the sale - COVB Cityy Council, all FMPA member cities and regulators (FPSC FERC) Timeline For Acquisition FMPA member . approval •Letter of Intent presented •FPSC—Anticipated 180 . May 16, 2017 day approval timeframe • Purchase and Sale to take place •FERC—Anticipated 90 •Anticipated to take place Agreement expected to ween May 2017 and day approval timeframe on October 1, 2018 7A.n1ticipated be executed by August ember 2017 -Expect integration into 2017 FPL's system to take approximately 8 months Agreement •• execution 4 FPL A- z Continue to work towards a closing date of October 2018 to bring lower electric bills to Vero Beach customers Next Steps • COVB negotiations — Letter of Intent presented to City Council on May 16, 2017; LOI is non-binding but allows negotiations, due diligence and FMPA approvals to begin — Draft a Purchase and Sale Agreement to share with COVB attorneys in next few weeks • FMPA member approvals — Once LOI is executed by the parties, FMPA can begin working with member cities to gain their approval • Preparation of regulatory filings — FPSC and FERC regulatory approvals will be done in parallel 0 FPL FPL looks forward to the opportunity to serve Vero Beach electric system customers Florida Power & Light Company • Rates among the lowest in the state and nation — Typical residential bill about 25% lower than latest national average — About 20% lower than the City's current typical residential customer bill • Best -in -class reliability • Award-winning customer service — Ranked highest in customer satisfaction among large utilities in the South by J.D. Power in 2016 • One of the cleanest emissions profiles in the U.S. — FPL's CO2 emissions rate is about 30% cleaner than the national average • Advancing cleaner solar energy — Nearly 2,100 megawatts of new solar from 2017 —2023 — Includes two solar energy centers in Indian River County totaling nearly 150 megawatts, projected to come online next year a FPL A- 3 mus PROCLAMATION RECOGNIZING MAY 14 THROUGH 20, 2017 AS NATIONAL POLICE WEEK WHEREAS, there are more than 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Indian River County Sheriff's Office and Indian River County municipal police departments; and, WHEREAS, in 1962, President John F. Kennedy signed a proclamation which designated May 15th as National Peace Officers Memorial Day, and the week in which that date falls as National Police Week; and, WHEREAS, on average, one law enforcement officer is killed in the line of duty somewhere in the United States every 61 hours. Since the first known line -of -duty death in 1791, more than 20,000 U.S. law enforcement officers have made the ultimate sacrifice; and, WHEREAS, over the past decade (2006-2015) the average annual number of officer fatalities has been 151. 135 law enforcement officers died in the line of duty in 2016; and, WHEREAS, the National Law Enforcement Officers Memorial Fund honors and remembers those recently fallen law enforcement officers who have paid the ultimate price and given their lives to protect and serve; and, WHEREAS, the service and sacrifice of all officers killed in the line of duty were honored during a Wreath Placement Ceremony on the morning of May 15 at the Indian River County Courthouse. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that May 14 through 20, 2017, is recognized as National Police Week in honor of the service of law enforcement officers in our community and communities across the nation, and May 15 is recognized as Peace Officers Memorial Day, in honor of all fallen officers and their families and U.S. flags should be flown at Half - Staff. Adopted this 16th day of May, 2017. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P1 PROCLAMATION DESIGNATING THE WEEK OF MAY 20 THROUGH MAY 26, 2017, AS NATIONAL SAFE BOATING WEEK WHEREAS, recreational boating is fun and enjoyable, and the citizens and visitors of Indian River County are fortunate that we have sufficient waterway and ocean resources to accommodate a wide variety of pleasure boating activity. However, boating can be a risky activity to the unprepared; and, WHEREAS, not knowing or obeying the nautical "Rules of the Road," using alcohol or drugs while operating a boat, or choosing not to wear a life jacket are examples of very risky boating activity often leading to disaster. On average, nearly seven hundred (700) people die each year in the boating related accidents in the United States with the preponderance of them occurring while using small open boats (46%), and surprisingly, 23% occurring with kayaks and canoes; and, WHEREAS, knowledge and skills are important in reducing human error and improving judgment, so we must continue to spread the messages of boating safety, not only during National Safe Boating Week, but also throughout the entire year; and, WHEREAS, thanks to the courageous women and men of the United States Coast Guard who serve our Nation and are always ready to help keep our citizens safe on the water, I encourage everyone to visit www.USCGBoating.orq to learn more about responsible boating. Together we can enjoy the beauty and bounty of the water and avoid preventable death, injuries and property damage. NOW, THEREFORE, BE IT PROCLAIMED THAT THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA hereby supports the goals of the North American Safe Boating Campaign, including the "Wear it" Life Jacket program, and designate May 20 through 26, 2017, as Safe Boating Week in Indian River County, and the Board encourages all citizens who participate in boating activities to observe this occasion by learning more about safe boating practices and by taking advantage of boating safety education. Adopted this 16th day of May, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P2 PROCLAMATION DESIGNATING MAY 29, 2017, AS MEMORIAL DAY WHEREAS, Memorial Day, originally called Decoration Day, is a day of remembrance for those who have died in our Nation's service; and, WHEREAS, Memorial Day was first observed on May 30, 1868 when flowers were placed on the graves of Union and Confederate soldiers at Arlington National Cemetery; and, WHEREAS, more than 15,000 veterans of all wars presently reside in Indian River County, which is host to 24 veteran organizations; and, WHEREAS, on Memorial Day we pause collectively for a moment of reverence, reflecting on the heroics of those who answered when called by their Country to bear arms and to protect and preserve the ideals of democracy; and, WHEREAS, Memorial Day is a cherished tradition in our Nation and its observance helps us appreciate our history, our values, and our responsibilities by reminding us that freedom is not free; and, WHEREAS, the Veterans Council of Indian River County, consisting of 24 veteran organizations representing more than 15,000 veterans residing in the County, is holding the Memorial Day ceremony at Veterans Memorial Island Sanctuary Monday, May 29, 2017. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that May 29, 2017 be designated as "MEMORIAL DAY" and the Board encourages all citizens to fly the American flag to remember all service members who have paid the ultimate sacrifice, and to attend the Memorial Day ceremony at 8:45AM at Veterans Memorial Island Sanctuary Monday, May 29, 2017. Adopted this 16th day of May, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P3 .1 'M JTW To regrister or request sp(jnsorsljip iufor'rnation: Call Kryse Manson 772-205-4610 x or email vetsgolftourney@gmail.com .4 0 VCIRCis a 501Cc) (3) non-profit tf�Sr'�� .tIn�dProceeds titil! supPorioiRiver Couyt 1ie terann 41 -u 91damn Vc�tr��n's Co�uuil r March 24, 2017 Dear Veterans Council IRC Supporter, The Veterans Council of Indian River County is hosting the third annual, Veterans Outreach Golf Tournament at Sandridge Golf Course on June 17, 2017. Sandridge is located at 5300 731d St., Vero Beach, FL. The event includes 18 holes of golf, cart, awards, and lunch immediately following for only $60 per golferl Registration begins at 7:00 am with a Shotgun start at 8:00 am; it will be a Scramble format. We invite you to participate as a sponsor and golfer! We have several levels of sponsorship detailed in the enclosed Sponsorship and Registration form. Your sponsorship will offset event costs so we can provide more outreach and support to Indian River County veterans. The Veterans Council IRC is a 501c3 non-profit corporation. If you are interested in playing in the tournament and/or becoming a sponsor, please mail or email the attached form. If you have questions, please contact Kryse Manson 772-205-4610 or email vetsgolftoumey�a7gmail.com. On behalf of the Veterans and the families that we serve, thank you for your consideration and support. Curtis Paulisin 1$ Vice President Veterans Council of Indian River County, Inc. P5 f Veteran's Council Jndien River County w J J Date: Time: Place: June 17, 2017 lam Registration, 8am Shotgun start — Scramble format Lunch and Awards immediately following Sandridge Golf Club, 5300 73`d St., Vero Beach, FL SPONSORSHIP I/We would like to be a Sponsor: _ Tournament Sponsor 1$2500 (includes 3 teams, large banner, 3 hole signs, identified in all publicity and media interviews) _ Silver Sponsor $1000 (includes 2 teams, banner, 2 hole signs, identified in press releases) Bronze Sponsor $500 _ Hole Sponsor $100 (includes 1 team, 1 hole sign) _ Sponsor a Veteran golfer $60 , Gift Certificate Name Telephone Email ENTRY FORM Fee: $60 per golfer (includes Green Fees for 18 holes, Cart, Lunch & Awards) Name Telephone Email Team Member's Names (and email for event notifications) Player 2 Player 3 Player 4 Questions: Kryse Manson 772-205-4610 or email vetsgoiftourney@gmaii.com Checks payable to: Veterans Council of Indian River County Mail to: Veterans Council IRC, PO Box 1354, Vero Beach, FL 32961 Proceeds will support programs for Indian River County veterans 501(C)(3) The Veterans Council IRC is a 501(C)(3) non-profit. P6 7A BCC AGENDA MAY 16, 2017 INFORMATIONAL ITEM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 9, 2017 SUBJECT: Appointment of Member and Alternate to the Indian River Lagoon National Estuary Program Board of Directors FROM: Joseph E. Flescher, Chairman Commissioner, District 2 On November 22, 2016, the Board of County Commissioners voted to approve the County's membership in the Indian River Lagoon National Estuary Program, which includes having a member and alternate serve on the Indian River Lagoon Council Board of Directors. In the event the Indian River Lagoon Council Board of Directors approves the admission of Indian River County, I am appointing Commissioner Susan Adams, District 1, as the representative and I, Chairman Joseph E. Flescher, District 2, as the alternate to serve on the Indian River Lagoon Council Board of Directors. P7 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27t' Street Vero Beach, FL 32960 I fr�OI�iPT��. U ;tS 0 `4, y;i yE 'k COUt`E .i TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: May 4, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS April 28, 2017 to May'4, 2017 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 _ — — P8 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 352837 04/28/2017 FLORIDABLUE 1,096.62 352838 05/01/2017 1135 RENTALS LLC 580.00 352839 05/01/2017 ORANGE COUNTY HOUSING & C D 629.73 352840 05/01/2017 ALL FLORIDA REALTY SERVICES INC 3,919.00 352841 05/01/2017 VERO BEACH EDGEWOOD PLACE LP 956.00 352842 05/01/2017 GRACES LANDING LTD 9,643.00 352843 05/01/2017 PAUL JUL1N 574.00 352844 05/01/2017 LINDSEY GARDENS LTD 5,364.00 352845 05/01/2017 BRYAN D BLAIS 356.00 352846 05/01/2017 WILLIE C REAGAN 449.00 352847 05/01/2017 RIVER PARK ASSOCIATES LIMITED 14,630.00 352848 05/01/2017 RICHARD C THERIEN 444.00 352849 05/01/2017 CREATIVE CHOICE HOMES XVI LTD 9,896.00 352850 05/01/2017 DAVID YORK 502.00 352851 05/01/2017 ST FRANCIS MANOR OF VERO BEACH 274.00 352852 05/01/2017 TREASURE COAST HOMELESS SERVICES 945.00 352853 05/01/2017 VENETIAN APARTMENTS OF VERO BEACH 391.00 352854 05/01/2017 PINNACLE GROVE LTD 10,408.00 352855 05/01/2017 VERO CLUB PARTNERS LTD 7,292.00 352856 05/01/2017 DAVID SPARKS 383.00 352857 05/01/2017 INDIAN RIVER COUNTY HOUSING AUTHORITY 533.00 352858 05/01/2017 INDIAN RIVER COUNTY HOUSING AUTHORITY 534.00 352859 05/01/2017 CRAIG MERRILL 1,518.00 352860 05/01/2017 CHRISTINE SALTER 484.00 352861 05/01/2017 HAGGERTY FAMILY LTD 373.00 352862 05/01/2017 SUNQUEST INC 4,470.00 352863 05/01/2017 THE PALMS AT VERO BEACH 11,624.00 352864 05/01/2017 FELLSMERE COMM ENRICHMENT PROGRAM INC 88.00 352865 05/01/2017 DAVID CONDON 628.00 352866 05/01/2017 HILARY MCIVOR 490.00 352867 05/01/2017 PAULA LANE 451.00 352868 05/01/2017 JOHN A CAPPELLO 327.00 352869 05/01/2017 PELICAN ISLES LP 7,187.00 352870 05/01/2017 KATE TYSON LYONS 324.00 352871 05/01/2017 SUNCOAST REALTY & RENTAL MGMT LLC 4,542.00 352872 05/01/2017 OAK RIVER PROPERTIES INC 348.00 352873 05/01/2017 SOLARISE VILLAS LTD 2,547.00 352874 05/01/2017 ADINA GOLDMAN 545.00 352875 05/01/2017 INDIAN RIVER RDA LP 4,791.00 352876 05/01/2017 MAURICE W BROWN 497.00 352877 05/01/2017 RICHARD L DAVENPORT 495.00 352878 05/01/2017 GEORGE THUYNS 683.00 352879 05/01/2017 LAZY J LLC 1,740.00 352880 05/01/2017 SYLVIAMCNEILL 723.00 352881 05/01/2017 SKOKIE HOLDINGS INC 750.00 352882 05/01/2017 ROGER WINSLOW 478.00 352883 05/01/2017 VINCENT PILEGGI 200.00 352884 05/01/2017 OSLO VALLEY PROPERTIES INC 319.00 352885 05/01/2017 SAID S MOOBARK 1,302.00 352886 05/01/2017 OSCEOLA COUNTY SECTION 8 622.73 352887 05/01/2017 LINDSEY GARDENS 1'I LTD 4,376.00 352888 05/01/2017 ANTHONY ARROYO 446.00 352889 05/01/2017 AHS HOLDINGS GROUP LLC 3,555.00 352890 05/01/2017 DANIEL CORY MARTIN 590.00 352891 05/01/2017 YVONNE KOUTSOFIOS 370.00 352892 05/01/2017 ALAN R TOKAR 650.00 352893 05/01/2017 VERO BEACH VILLAS I LLC 463.00 352894 05/01/2017 BRIAN E GALLAGHER 524.00 P9 TRANS NBR DATE VENDOR AMOUNT 352895 05/01/2017 HOUSING AUTHORITY 766.73 352896 05/01/2017 STEPHANIE WATCHEK FOUNTAIN TRUST 243.00 352897 05/01/2017 SCOT WILKE 234.00 352898 05/01/2017 J & K PALMER ENTERPRISES LLC 199.00 352899 05/01/2017 THEODORE BARTOSIEWICZ 508.00 352900 05/01/2017 FOUNDATION FOR AFFORDABLE RENTAL 22,154.00 352901 05/01/2017 RICHARD KUSSEROW 573.00 352902 05/01/2017 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY IA 514.00 352903 05/01/2017 SONRISE VILLAS 11 LLC 591.00 352904 05/0112017 JOHN T STANLEY 785.00 352905 05/01/2017 CSMA SFR HOLDINGS 11 -LLC 819.00 352906 05/01/2017 YELLOW KID INC 550.00 352907 05/01/2017 WEDGEWOOD RENTALS LLC 1,608.00 352908 05/01/2017 ALMA LUCKETT 854.00 352909 05/01/2017 LIVE OAKS REALTY INC 614.00 352910 05/01/2017 IBIS GARDENS APTS LLC 476.00 352911 05/01/2017 MCLAUGHLIN PROPERTIES LLC 1,057.00 352912 05/0112017 JOYCE BODANZA 552.00 352913 05/01/2017 MYRIAM MELENDEZ 438.00 352914 05/04/2017 JORDAN MOWER INC 25.81 352915 05/04/2017 COMMUNICATIONS INTERNATIONAL 76,434.00 352916 05/04/2017 TEN -8 FIRE EQUIPMENT INC 897,363.04 352917 05/04/2017 TEN -8 FIRE EQUIPMENT INC 693.38 352918 05/04/2017 VERO CHEMICAL DISTRIBUTORS INC 176.30 352919 05/04/2017 RICOH USA INC 51.87 352920 05/04/2017 CHISHOLM CORP OF VERO 1,136.50 352921 05/04/2017 KIMLEY HORN & ASSOC INC 9,225.00 352922 05/04/2017 VELDE FORD INC 446.25 352923 05/04/2017 SAFETY PRODUCTS INC 117.52 352924 05/04/2017 STEWART MATERIALS INC 153.32 352925 05/04/2017 B G KENN INC 14.15 352926 05/04/2017 DELTA SUPPLY CO 509.45 352927 05/04/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 16.47 352928 05/04/2017 KELLY TRACTOR CO 1,360.84 352929 05/04/2017 GRAYBAR ELECTRIC 134.14 352930 05/04/2017 AMERIGAS EAGLE PROPANE LP 1,469.77 352931 05/04/2017 LFI FORT PIERCE INC 1,894.73 352932 05/04/2017 LFI FORT PIERCE INC 971.23 352933 05/04/2017 CLIFF BERRY INC 1,136.00 352934 05/04/2017 VERO INDUSTRIAL SUPPLY INC 284.00 352935 05/04/2017 BRISTER SIGNS INC 400.00 352936 05/04/2017 TIRESOLES OF BROWARD INC 815.00 352937 05/04/2017 PHILIP VANVYNCKT 715.00 352938 05/04/2017 THE GOODYEAR TIRE & RUBBER COMPANY 1,450.44 352939 05/04/2017 BAKER & TAYLOR INC 2,906.91 352940 05/04/2017 MIDWEST TAPE LLC 641.33 352941 05/04/2017 MICROMARKETING LLC 256.83 352942 05/04/2017 K & M ELECTRIC SUPPLY 25.47 352943 05/04/2017 BAKER DISTRIBUTING CO LLC 111.35 352944 05/04/2017 CENGAGE LEARNING INC 25.59 352945 05/04/2017 SUNSHINE SAFETY COUNCIL INC 250.00 352946 05/04/2017 CITY OF VERO BEACH 8,024.67 352947 05/04/2017 CHAPTER 13 TRUSTEE 201.08 352948 05/04/2017 COMPBENEFITS COMPANY 80.16 352949 05/04/2017 COLONIAL LIFE & ACCIDENT INS CO 21.24 352950 05/04/2017 INDIAN RIVER ALL FAB INC 1,299.00 352951 05/04/2017 FERGUSON ENTERPRISES INC 12,399.78 352952 05/04/2017 EBSCO INDUSTRIES INC 31,614.32 352953 05/04/2017 AMERICAN SOCIETY OF CIVIL ENGINEERS 99.00 352954 05/04/2017 INDIAN RIVER STATE COLLEGE 750.00 TRANS NBR DATE VENDOR AMOUNT 352955 05/04/2017 JANITORIAL DEPOT OF AMERICA INC 247.99 352956 05/04/2017 TREASURE COAST HOMELESS SERVICES 12,393.12 352957 05/04/2017 FLORIDA DEPT OF EDUCATION 74.50 352958 05/04/2017 PUBLIX SUPERMARKETS 29.30 352959 05/04/2017 PUBLIX SUPERMARKETS 78.90 352960 05/04/2017 ARTHUR J GALLAGHER RISK MGMT SERV INC 984,737.00 352961 05/04/2017 ACUSHNET COMPANY 981.32 352962 05/04/2017 FLORIDA WATER & POLLUTION CONTROL 130.00 352963 05/04/2017 GEOSYNTEC CONSULTANTS INC 3,723.45 352964 05/04/2017 IRC CHAMBER OF COMMERCE 4,149.52 352965 05/04/2017 ST JOHNS RIVER WATER MGMT DISTRICT 122.50 352966 05/04/2017 FEDERAL EXPRESS CORP 28.85 352967 05/04/2017 JOHN KING 37.00 352968 05/04/2017 CALLAWAY GOLF SALES COMPANY 138.15 352969 05/04/2017 FLORIDA RECREATION & PARK ASSOC INC 160.00 352970 05/04/2017 FLORIDA POWER AND LIGHT 23,541.78 352971 05/04/2017 INDIAN RIVER COUNTY TAX COLLECTOR 7.50 352972 05/04/2017 AMERICAN PLANNING ASSOCIATION 126.00 352973 05/04/2017 STRUNK FUNERAL HOMES & CREMATORY 425.00 352974 05/04/2017 MEDICARE PART B FINANCIAL SERVICES 369.19 352975 05/04%2017 TREASURE COAST SPORTS COMMISSION INC 13,977.00 352976 05/04/2017 BUILDING OFFICIALS ASSOC OF FLORIDA 250.00 352977 05/04/2017 FLORIDA STATE GOLF ASSOCIATION 118.00 352978 05/04/2017 BE SAFE SECURITY ALARMS INC 187.50 352979 05/04/2017 UNITED HEALTH CARE INS COMPANY 522.11 352980 05/04/2017 UNITED HEALTH CARE INS COMPANY 205.60 352981 05/04/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 169.75 352982 05/04/2017 BANK OF NEW YORK 1,462.50 352983 05/04/2017 HUMANA 488.92 352984 05/04/2017 NATIONAL ASSOC OF ENVIRONMENTAL 235.00 352985 05/04/2017 CAROLINA SOFTWARE INC 500.00 352986 05/04/2017 VERO BEACH ROOFING INC 10,600.00 352987 05/04/2017 ANDERSON RENTAL$ INC 3,000.00 352988 05/04/2017 ROBERT COBUN 41.69 352989 05/04/2017 LINCOLN EQUIPMENT INC 12,411.20 352990 05/04/2017 ANTHEM BC BS OF CONNECTICUT 123.00 352991 05/04/2017 BROADCAST MUSIC INC 612.00 352992 05/04/2017 ANIXTER INC 9,999.95 352993 05/04/2017 VAN WAL INC 293.00 352994 05/04/2017 PARGAS 615.75 352995 05/04/2017 FRATERNAL ORDER OF EAGLES 75.00 352996 '05/04/2017 MBV ENGINEERING INC 1,935.00 352997 05/04/2017 MASTELLER & MOLER INC 8,798.25 352998 05/04/2017 STAPLES CONTRACT & COMMERCIAL INC 1,299.29 352999 05/04/2017 GRAHAM CLAYBURN 199.00 353000 05/04/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 262.90 353001 05/04/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 266.47 353002 05/04/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 148.68 353003 05/04/2017 SOUTHEASTERN WASTEWATER EQUIPMENT CORP 6,556.00 353004 05/04/2017 PETER OBRYAN 429.48 353005 05/04/2017 JOHNNY B SMITH 100.00 353006 05/04/2017 POWER -TEL UTILITY PRODUCTS INC 165.00 353007 05/04/2017 EAST COAST TREE CO 425.00 353008 05/04/2017 BRIAN FREEMAN 27.07 353009 05/04/2017 INDIAN RIVER SOCCER ASSOCIATION 2,250.00 353010 05%04/2017 MICHAEL KORPAR 60.00 353011 05/04/2017 DANA SAFETY SUPPLY INC 451.60 353012 05/04/2017 JOHN MESKILL 2,830.00 353013 05/04/2017 FLEETBOSS G P S INC. 549.40 353014 05/04/2017 K'S COMMERCIAL CLEANING 998.89 11 TRANS NBR DATE VENDOR AMOUNT 353015 05/04/2017 ROBERT .SOLARI 349.92 353016 05/04/2017 ENVIRONMENTAL CONSERVATION LABORATORIES IN 3,380.00 353017 05/04/2017 MILB VERO BEACH LLC 5,000.00 353018 05/04/2017 FLORIDA MEDICAID 95.89 353019 05/04/2017 LAZENBY & ASSOCIATES INC 1,615.40 353020 05/04/2017 WATERTRONICS TECHNICAL SERVICES 2,655.00 353021 05/04/2017 THE LORD'S CO OF ORLANDO INC 616.80 353022 05/04/2017 D J P GENERAL CONTRACTING SERVICES INC 7,900.00 353023 05/04/2017 WOERNER DEVELOPMENT INC 101.50 353024 05/04/2017 ECMC 254.59 353025 05/04/2017 OVERDRIVE INC 15,643.27 353026 05/04/2017 HEATHER HATTON 80.00 353027 05/04/2017 GFA INTERNATIONAL INC 44,745.75 353028 05/04/2017 CLEAR VILLAGE INC 32,062.00 353029 05/04/2017 LOWES HOME CENTERS INC 615.62 353030 05/04/2017 CB&.I COASTAL PLANNING & ENGINEERING INC 4,995.33 353031 05/04/2017 CARROT TOP INDUSTRIES INC 334.45 353032 05/04/2017 ALEX MIKLO 100.00 353033 05/04/2017 LEARNING ALLIANCE 8,583.32 353034 05/04/2017 CARMEN LEWIS 256.00 353035 05/04/2017 STRAIGHT OAK LLC 384.98 353036 05/04/2017 MARION K FREDERICK 181.53 353037 05/04/2017 C E R SIGNATURE CLEANING 850.00 353038 05/04/2017 BRUCE SABOL 30.00 353039 05/04/2017 FAMILY SUPPORT REGISTRY 156.45 353040 05/04/2017 CHRISTY PICKERILL 500.00 353041 05/04/2017 AMERITAS 26,931.85 353042 05/04/2017 MASC14MEYER CONCRETE COMPANY OF FLORIDA 250.00 353043 05/04/2017 SYLIVIAMILLER 1,082.00 353044 05/04/2017 PRESTIGE HEALTH CHOICE 190.00 353045 05/04/2017 ENCORE ONE LLC 1,580.18 353046 05/04/2017 JOSEPH DIZONNO 40.00 353047 05/04/2017 KARYN BRYANT 45.31 353048 05/04/2017 KENDRA COPE 265.43 353049 05/04/2017 MOLINA HEALTHCARE MEDICAID 165.69 353050 05/04/2017 GERELCO TRAFFIC CONTROLS INC 8,125.51 353051 05/04/2017 UNIFIRST CORPORATION 584.47 353052 05/04/2017 DIETRICH AHNERT 275.00 353053 05/04/2017 SCHUMACHER AUTOMOTIVE DELRAY LLC 144.64 353054 05/04/2017 SITEONE LANDSCAPE SUPPLY LLC 79.96 353055 05/04/2017 HYDROMAX USA LLC 23,876.00 353056 05/04/2017 ADVANCE STORES COMPANY INCORPORATED 815.22 353057 05/04/2017 ANNA KATSANIS 24.26 353058 05/04/2017 DENISE GILLESPIE 90.00 353059 05/04/2017 RUSSELL L OWEN III 40.00 353060 05/04/2017 NWI RECYCLING INC 12,710.40 353061 05/04/2017 AC VETERINARY SPECIALTY SERVICES 262.38 353062 05/04/2017 EDWARD ILLIDGE 40.00 353063 05/04/2017 SILVIO MARTINEZ 16.00 353064 05/04/2017 JONATHAN DALESSIO 48.00 353065 05/0412017 PEOPLE READY INC 19,247.97 353066 05/04/2017 ROBERT O RICHARDSON 111 60.00 353067 05/04/2017 EMILY GOUGE 40.00 353068 05/04/2017 VACO RISK SOLUTIONS LLC 9,950.00 353069 05/04/2017 RAUL E VIVANCO 240.00 353070 05/04/2017 WILLIS SPORTS ASSOCIATION LLC 1,615.73 353071 05/04/2017 COLE AUTO SUPPLY INC 223.65 353072 05/04/2017 COREY GRALEY 40.00 353073 05/04/2017_ KIMBERLY RICCIARDONE 80.00 353074 05/04/2017 REBECCA DEAN 20.00 TRANS NBR DATE VENDOR AMOUNT 353075 '05104/2017 PULTE GROUP INC 81,855.17 353076 05/04/2017 BEATRICE ANTRILLIDIIENNO 75.44 353077 05/04/2017 DOROTHY BUCK 99.09 353078 05/04/2017 JANICE L CLINGER 45.50 353079 05/04/2017 LORETTA F CROWLEY 91.85 353080 05/04/2017 PASCO R MACERA 88.08 353081 05/04/2017 PMA COMPANY 248.90 353082 05/04/2017 ELEANOR DEGRAZIA 78.48 353083 05/04/2017 ELEANOR DEMPSEY 417.64 353084 05/04/2017 PATRICIA ECKER 74.86 353085 05/04/2017 CLYDE HODGES 18.40 353086 05/04/2017 SAMUEL HUNTER 90.98 353087 05/04/2017 ISOLDE JANICKI 97.79 353088 05/04/2017 IRON ORDER MOTORCYCLE CLUB INC 200.00 353089 05/04/2017 BETH NOLAN 100.00 353090 05/04/2017 OLIVERS PLUMBING INC 4,000.00 353091 05/04/2017 JEFFREY & BETTY GOMEZ 150.00 353092 05/04/2017 ALLAN D KELLERMAN 12,600.00 353093 05/04/2017 UTIL REFUNDS 29.54 353094 05/04/2017 UTIL REFUNDS 76.98 353095 05/04/2017 UTIL REFUNDS 57.53 353096 05/04/2017 UTILREFUNDS 57.18 353097 05/04/2017 UTIL REFUNDS 49.21 353098 05/04/2017 UTIs. REFUNDS 25.09 353099 05/04/2017 UTIL REFUNDS 40.54 353100 05/04/2017 UTIL REFUNDS 21.18 353101 05/04/2017 UTIL REFUNDS 87.82 353102 05/04/2017 UTIL REFUNDS 82.28 353103 05/04/2017 UTIL REFUNDS 14.12 353104 05/04/2017 UTIL REFUNDS 43.97 353105 05/04/2017 UTIL REFUNDS 49.00 353106 05/04/2017 UTIL REFUNDS 42.88 353107 05/04/2017 UTIL REFUNDS 44.24 353108 05/04/2017 UTIL REFUNDS 14.88 353109 05/04/2017 UTIL REFUNDS 75.18 353110 05/04/2017 UTIL REFUNDS 41.64 353111 05/04/2017 UTIL REFUNDS 68.54 353112 05/04/2017 UTIL REFUNDS 41.46 353113 05/04/2017 UTIL REFUNDS 341.16 353114 05/04/2017 UTIL REFUNDS 85.85 353115 05/04/2017 UTIL REFUNDS 58.44 353116 05/04/2017 UTIL REFUNDS 65.69 353117 05/04/2017 UTIL REFUNDS 83.85 353118 05/04/2017 UTIL REFUNDS 40.82 353119 05/04/2017 UTIL REFUNDS 5.93 353120 05/04/20.17 UTIL REFUNDS 67.27 353121 05/04/2017 UTIL REFUNDS 32.08 353122 05/04/2017 UTIL REFUNDS 61.90 353123 05/04/20.17 UTIL REFUNDS 58.76 353124 05/04/2017 UTIL REFUNDS 39.62 353125 05/04/2017 UTIL REFUNDS 23.08 353126 05/04/2017 UTIL REFUNDS 24.07 353127 05/04/2017 UTIL REFUNDS 27.52 353128 05/04/2017 UTIL REFUNDS 47.29 353129 05/04/2017 UTIL REFUNDS 35.97 353130 05/04/2017 UTIL REFUNDS 352.32 353131 05/04/2017 UTIL REFUNDS 341.16 353132 05/04/2017 UTIL REFUNDS 13.53 353133 05/04/2017 UTIL REFUNDS 63.74 353134 05/04/2017 UTIL REFUNDS 79.27 3 TRANS NBR DATE VENDOR AMOUNT 353135 05/04/2017 UTIL REFUNDS 79.11 353136 05/04/2017 UTIL REFUNDS 41.75 353137 05/04/2017 UT'IL REFUNDS 35:78 353138 05/04/2017 UTIL REFUNDS _ 61.12 353139 05/04/2017 UTIL REFUNDS 23:73 353140 05/04/2017 UTIL REFUNDS 35.21 353141 05/04/2017 UTIL REFUNDS 37.61 3531.42 05/04/2017 UTIL REFUNDS 87.86. 353143 05/04/2017 VIRGINIA BISHOP 99.52. Grand Total: 2,678,131.72 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011251 04/28/2017 AT&T 9_.523.13 1011252 04/28/2017 OFFICE DEPOT BSD CUSTOMER SVC 694.75 1011253 04/28/2017 WASTE MANAGEMENT INC 1,543.58 1011254 04/28/2017 COMCAST 5.99 1011255 05/01/2017 AT&T 55.20 1011256 05/01/2017 WASTE MANAGEMENT INC 600.07 1011257 05/02/2017 AT&T 8,767.30 1011258 05/02/2017 OFFICE DEPOT BSD CUSTOMER SVC 2,137.14 1011259 05/02/2017 EVERGLADES FARM EQUIPMENT CO INC 923.08 1011260 05/02/2017 CONTECH ENGINEERED SOLUTIONS LLC 482.40 1011261 05/02/2017 COPYCOINC 113.82 1011262 05/02/2017 NORTH SOUTH SUPPLY INC 33.88 1011263 05/02/2017 APPLE INDUSTRIAL SUPPLY CO 167.68 1011264 05/02/2017 GROVE WELDERS INC 998.50 1011265 05/0.2/2017 APPLE MACHINE & SUPPLY CO 709.39 1011266 05/02/2017 ROGER CLEVELAND GOLF INC 86.60 1011267 05/02/2017 COMPLETE ELECTRIC INC 190.00 1011268 05/02/2017 RECHTIEN INTERNATIONAL TRUCKS 322.53 1011269 05/02/2017 METRO FIRE PROTECTION SERVICES INC 2,171.61 1011270 05/02/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 26.48 1011271 05/02/2017 BENNETT AUTO SUPPLY INC 672.22 1011272 05/02/2017 STAT MEDICAL DISPOSAL INC 495.00 1011273 05/02/2017 WRIGHT FASTENER COMPANY LLC 427.00 1011274 05/02/2017 PACE ANALYTICAL SERVICES INC 108.00 Grand Total: 31,255.35 P15 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5095 04/28/2017 KIMLEY HORN & ASSOC INC 49,314.55 5096 04/28/2017 INTEGRITY LAWNS LLC 1,750.00 5097 04/28/2017 C E R SIGNATURE CLEANING 5,000.00 5098 04/28/2017 C E R SIGNATURE CLEANING 15,410.00 5099 05/01/2017 INDIAN RIVER COUNTY SHERIFF 3,600,453.65 5100 05/01/2017 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 86,512.37 5101 05/01/2017 AGENCY FOR HEALTH CARE ADMIN 13,173.89 5102 05/01/2017 CLERK OF CIRCUIT COURT 80,959.25 5103 05/01/2017 I R C HEALTH INSURANCE - TRUST 574,822.58 5104 05/02/2017 FL RETIREMENT SYSTEM 504,310.51 5105 05/02/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 18,070.92 5106 05/02/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 35,314.65 5107 05/02/2017 CHARD SNYDER & ASSOCIATES INC 282.80 5108 05/02/2017 MUTUAL OF OMAHA 16,432.57 5109 05/02/2017 HEALTH ADVOCATE 1,166.55 5110 05/02/2017 ROBERT I GORMAN & ASSOCIATES PA 624,248.98 5111 05/03/2017 MUTUAL OF OMAHA 7,123.45 5112 05/03/2017 INDIAN RIVER COUNTY SHERIFF 33,051.80 5113 05/04/2017 AMERICAN FAMILY LIFE ASSURANCE CO 18,076.42 5114 05/04/2017 ALLSTATE 292.22 5115 05/04/2017 WRIGHT EXPRESS FSC 59,138.01 5116 05/04/2017 VEROTOWN LLC 5,000.00 Grand Total: 5,749,905.117 16 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: May 9, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Approval of Work Authorization No. 2017-003 to Replace Water Services in Park Place Mobile Home Park - Phase I, UCP #4133 DESCRIPTIONS AND CONDITIONS: Over the past several years, the Indian River County Department of Utilities Services (IRCDUS) has been called to the Park Place Mobile Home Park for emergency repairs to various water services. The services were installed in 1984, approximately 33 years ago. Instead of fixing the services when they break, IRCDUS operations personnel has recommended replacingthe services in a systematic approach in orderto minimize future interruption of service to our customers in this area. Therefore, staff is recommending the replacement of all single and double services to the 102 mobile homes located at the northeast portion of the park. ANALYSIS: Staff decided the most efficient and timely method to replace these lines was to utilize the IRCDUS labor contractor, Blue Goose Construction. A list of the anticipated labor and material quantities was prepared and bid prices from the Blue Goose Construction contract were used to calculate the labor expense. The total material cost of $40,406.88 was based on unit prices derived from the Annual Contract for Utility Warehouse Stock. The total labor cost estimate from Blue Goose Construction is $76,234.54 (See Attachment 3). The total construction labor cost including the material cost is therefore $116,641.42. FUNDING: Funding forthis project is derived from the Capital budget in the Operating fund. The Operating fund budget is derived from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Park Place — Phase I 1 471-169000-17522 1 $116,641.42 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve replacement of the service lines identified in Park Place Mobile Home Park - Phase I totaling $116,641.42 by approving Work Authorization No. 2017-003 with Blue Goose Construction for $76,234.54 and by authorizing staff to directly purchase materials totaling $40,406.88. P17 ATTACHMENT(s): 1. Work Authorization No. 2017-003 2. Cost Estimate—Labor and Material 3. Blue Goose Quotation 4. Park Place Map P18 WORK AUTHORIZATION DIRECTIVE No. 2017-003 Park Place Mobile Home Park Water Services Replacement Project BLUE GOOSE CONSTRUCTION DATE .OF ISSUANCE: March 22, 2017 ATTACHMENT 1 EFFECTIVE DATE: April 18, 2017 OWNER: Indian River County CONTRACTOR: Blue Goose Construction CONTRACT: WATER, SEWER AND RECLAIM WATER LINE REPLACEMENT/ EXTENSIONS AND MISCELLANEOUS LABOR CONTRACT, BID NO. 2015001, AWARDED September 9.2014 PROJECT: Park Place Water Services Replacement Proiect COUNTY UTILITY PROJECT NO.: UCP #4133 CONTRACTOR'S PROJECT NO.: N/A COUNTY WIP. No. You are directed to proceed promptly with the following work: Description: The project will consist of replacing approximately 102 single and double water services serving the residences at Park Place Mobile Home Park located on Barber Street west of the FEC rail road tracks. Attachments: Attachment 3 Method of determining Contract Price: m Unit Prices: Bid Items as established pursuant to Bid No. 2015001, and awarded by the Board of County Commissioners on September 9, 2014 to Blue Goose Construction, Inc. M Lump Sum m Cost of the Work The Cost of Labor, Contingency and Contract Time is summarized below: Labor Cost (rounded) _ $76,234.54 Estimated 90 days from NTP Contract Time: ACCEP By. Blue Goose Construction Labo/r�C ntract r Date: ' C j �l RECOMCna By: ArjuP.E. Capital Projects Manager Date: fi-iln APPROVED: By: COUNTY, CHAIRMAN Joseph E. Flescher Date: FAUtilitieslUTILITY - Engincering\Projects - Utility Construction Permits\IRC-Park Place -4133\Work Authorization No. 2017-003.doe P19 Indian River County Department of Utilities LABOR AND MATERIAL COST Project: PARK PLACE - WATER SERVICE REPLACEMENT PROJECT Date: February 11, 2017 LABOR COSTS 7F MATERIAL COSTS (HD Waterworks) Bid Item No. Bid Item Description Estimated Quantity Unit of Measure Labor Unit Price Total Labor Price Material Unit Price Total Material Price 71 Mobilization, Demobilization, MOT 1 30 % $6,300.38 23 Test Holes / Potholes 30 EA. $250.00 $7,500.00 01a Install 1" or 1-1/2"' pe or PVC Service Line 350 LF $4.80 $1,680.00 2.75 $962.50 07a Install 2-4" HDPE Directional Sore 600 LF $33.35 $20,010.00 2.00 $1,200.00 18a Install Water Service Single Short with 2" Saddle and Corp Stop at Main 4 EA. $300.00 $1,200.00 300.00 $1,200.00 18e Install Water Service Double Short with 2" Saddle and Corp Stop at Main 24 EA $350.00 $8,400.00 510.00 $12,240.00 18g Install Water Service Single Long with 2" Saddle and Corp Stop at Main 5 EA $425.00 $2,125.00 310.00 $1,550.00 18j Install Water Service Double Long with 2" Saddle and Corp Stop at Main 23 EA. $425.00 $9,775.00 570.00 $13,110.00 181 Install 2" service casing 18 EA. $400.00 $7,200.00 2.75 $96250 67a Install Asphalt Cement Replacement over full trench width including Base & Sub-grade Compacted to County Specifications 25 TON $45.00 $1,125.00 $75.00 $1,875.00 79c Remove Concrete Driveway 115 SY $10.00 $1,150.00 79d Insatll Conceret Driveway 115 SY $1950 $2,242.50 86a Lawn Restoration (Topsoil & Sod) up to 12' Wide 265 SY $2.25 $596.25 $2.16 $572.40 Subtotal SubtotalWater System Labor $69,304.13 $33,672.40 Contingency i % 10% $6,930.41 2095 $6,734.48 Subtotal Subtotal Water System Labor, Mob., Demob., MOT, Materials, & Permitting $76,234.54 $40,406.88 SubTotal Labor Cost $76,234.54 Materials $40,406.88 TOTAL COST $116,641.42 ATTACHMENT 2 P20 BLUE Blue QUOTATION/ESTIMATE GOOSE Goose construction Heavy Civil Underground Utilities /Complete Site Development/ Marine Project: PARK PLACE - WATER SERVICE REPLACEMENT PROJECT To: Indian River County Utilities CONTACT: Steve. Bush PHONE: 772-216-1873 Date: February 11, 2017 EMAIL IFLABOR COSTS Bid Bid Item Estimated Unit of Labor Unit Total Labor Item No. Description Quantity Measure Price Price 71 Mobilization, Demobilization, MOT 1 10 % $6,300.38 23 Test Holes / Potholes 30 EA. $250.00 $7,500.00 Ola Install 1" or 1-1/2"' pe or PVC Service Line 350 LF $4.80 $1,680.00 07a Install 24" HDPE Directional Bore 600 LF $33.35 $20,010.00 18a Install Water Service Single Short with 2" Saddle and 4 EA. $300.00 $1,200.00 Corp Stop at Main 18e Install Water Service Double Short with 2" Saddle and 24 EA. $350.00 $8,400.00 Corp Stop at Main 18g Install Water Service Single Long with 2" Saddle and Corp 5 EA. $425.00 $2,125.00 Stop at Main Install Water Service Double Long with 2" Saddle and 18j 23 EA. $425.00 $9,775.00 Corp Stop at Main 181 Install 2" service casing 18 EA. $400.00 $7,200.00 Install Asphalt Cement Replacement over full trench 67a width including Base & Sub-grade Compacted to County 25 TON $45.00 $1,125.00 Specifications 79c Remove Concrete Driveway 115 SY $10.00 $1,150.00 79d Insatll Conceret Driveway 115 SY $19.50 $2,242.50 86a Lawn Restoration (Topsoil & Sod) up to 12' Wide 265 SY $2.25 $596.25 Subtotal SubtotalWater System Labor $69,304.13 Contingency 1 % 10% $6,930.41 Labor Total = $76,234.54 ATTACHMENT 3 P21 PARK PLACE AL 50 0 50 100150Feet hh", t r t k 1 inch 50 feet Aft At 44 4w, I -A Mev, WOW kANo k ;Not. Ao INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Moorings Landscape Maintenance Commitment DATE: April 28, 2017 DESCRIPTION AND CONDITIONS On March 19, 2013 the Board of County Commissioners adopted Resolution 2013-019 Authorizing the Execution of a FDOT District Four Landscape Maintenance Memorandum of Agreement for landscaping along SRA1A within The Moorings Corridor. The Moorings Property Owners Association (MPGA) desires to install additional landscaping, at the Moorings expense, within the SRA1A corridor established in Resolution 2013-019. The plans and documents for this effort will conform to FDOT standards and specifications and the installation will adhere to FDOT safety regulations. The MPOA has been working with FDOTto obtain a permit to install additional landscaping with the corridor. FDOT has requested the MPOA provide a revised Commitment of Landscape Maintenance Agreement to include the additional landscaping. The Moorings Property Owners Association (MPGA) intends to supply all landscaping material and perform all installation and maintenance associated with the additional landscaping they wish to install. The MPOA will enter into a revised Commitment of Landscape Maintenance within Indian River County, which will obligate the MPOA to continued, on-going maintenance of all the landscaping they install. FUNDING Funding is not required for this action. RECOMMENDATION Staff recommends approval of the Amended Commitment of Landscape Maintenance Agreement and Authorize the Chairman to execute the Agreement. ATTACHMENTS Revised Commitment of Landscaping Maintenance Proposed Landscaping Plan DISTRIBUTION Clint Black, Moorings Property Owners Association President APPROVED AGENDA ITEM FOR May 16, 2017 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL n 1405A448\nBCLa 1405A448.doc P23 BOARD OF COUNTY COMMISSIONERS 18012711: Street, Vero Beach, Florida 32960 Telephone: 772-567-8000 COMMITMENT OF LANDSCAPE MAINTENANCE (Amendment) FAX: 772-778-9391 This letter is to confirm a revision to the commitment by the Moorings Property Owners Association (MPGA) (Maintaining Agency) to maintain all landscape materials including pest control, fertilizing and tree maintenance which they have furnished and installed per FDOT Permit No. 2012 L 490 0001 and FDOT Permit No. 2017 L-490-0003 on SRA1A along the southern one and one-half mile Moorings Corridor. This Commitment of Landscape Maintenance is directed to Indian River County, contingent upon review and acceptance of the design plans and final construction documents by the Maintaining Agency. The Maintaining agency will verify continuing and on-going maintenance of all the landscaping they install and insure that the installation will adhere to FDOT safety regulations. Richard B. Szpvrka, P.E. Indian River County Signature Public Works Director Date BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: . Joseph E. Flescher, Chairman C. I i h 4 R fa q C Maintaining Age7y R presentative (P nt) u Signature II j ?r'CJ t Cid h"J Title qL.�el'7 Date ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and Legal sufficiency By: William K. DeBraal Deputy County Attorney C:\Users\rszpyrka\Desktop\Item Folders\Moorings\FDOT SRA1A Landscape Maint Moorings Agr 032217.doc P24 F'.dAR1dp ' ; LOCATION MAP U1 INDEX Of PLAN5 Sheet No. Sheet Description I Limit of Work 2 Planting Plan 3 Irriejabon * Maintenance Plan I IKAIT ()F kA/nP)( PREPARED FOR: The Moorings Property Owners A55ociation George Bryant, President 960 Lantern Lane Vero Beach, FL 32963 PREPARED BY: 5urlaterre Landscape Architecture LLC Robin Pelen5ky, RLA P.O. box 1091 Vero Beach, FL 3296 I 772-913-4145 Governing Standards and Specifications: 201 G Florida Department of Transportation, De5icjn Standards 01111 0 200 80 1200.feet SCALE: 1'= 200' Permit Number: XXXX-XXX sur�aterre. ]]2.81 3A148 ROM PELENSK . PIA z z g 0- LL- U- 0 Z z 0 =5 0 U 00 1 > Ci DAM OF: I I 1 _.--.__.--.--.—_.-- ROW .--.--. a ----------- _ - --------- 13G� of T.1 1PilkyraP"Paina.k —.— oROW (sl 3 h+�. M>ra„r n,ma rn,n.< ne tsl3 ui Mia. a u.w� rn,e., nk EXISTING a 14'-6' ROADWAY 5ETBACK CONCRETE I A5 PER INDEX NO. 7170 51DEWALK i 650' LIMB OF CLEAR 51GHT 551VPH DF51GN SPEED A5 PER INDEX NO. 54G / F 2 LANE 2 WAY FLARED 101 OC 101 OC Shrub/Group cover be Edge of Sidewalk PALM SPACING DETAIL NOT TO SCALE NOTE TO CONTRACTOR: /---ROW I , Note all underground ut111tie5 and drainage pipes when planting. 2. Contractor shall repair any and all damage done to PDOT property during ddemolltlon, relocation and/or In5tallatlon activltIC5 at h15 Sole expense. 3. In5tallatlon shall comply with current FDOT standard 5peclflcatlon5 580-2. 1 . 4. All landscape plant material will be Installed according to FDOT Design Standard Index 544 Landscape In5tallatlon. 5. All d15turbed areas will be sodded within one ( I ) week of In5tallatlon of 5ald permitted work in accordance with Design Standard Index 105 and Standard 5peclflcatlon5 5ectlon5 162, 570, 981 , 983, 987 of the Department's latest edition of Governing Standards and Standard 5peclflcatlon5. PLANT 5CHEDULE PALM TREES COMMON NAME / BOTANICAL NAME __ _ 12 Alexander Palm / Ptycho5perma ele6jan5 6' Clear Trunk —_ _ ----�— COMMON NAME / BOTANICAL NAME DESCRIPTION ROW i�„�k—•_ w— —.1 1 \ � — Qrt t6ra 6+"� n,aM M,a.e n IXLSTING 51DEWALK I '! 14'-0 ROADWAY 5ETBACK / A5 PER INDEX W.700 5 gI I J 650' LIMB OF CWAR5IGHT 55MPH DESIGN SPEED AS PER INDEX NO. 5!0 / 2 LANE 2 WAY FLARED I , Note all underground ut111tie5 and drainage pipes when planting. 2. Contractor shall repair any and all damage done to PDOT property during ddemolltlon, relocation and/or In5tallatlon activltIC5 at h15 Sole expense. 3. In5tallatlon shall comply with current FDOT standard 5peclflcatlon5 580-2. 1 . 4. All landscape plant material will be Installed according to FDOT Design Standard Index 544 Landscape In5tallatlon. 5. All d15turbed areas will be sodded within one ( I ) week of In5tallatlon of 5ald permitted work in accordance with Design Standard Index 105 and Standard 5peclflcatlon5 5ectlon5 162, 570, 981 , 983, 987 of the Department's latest edition of Governing Standards and Standard 5peclflcatlon5. PLANT 5CHEDULE PALM TREES COMMON NAME / BOTANICAL NAME DESCRIPTION 12 Alexander Palm / Ptycho5perma ele6jan5 6' Clear Trunk SHRUBS COMMON NAME / BOTANICAL NAME DESCRIPTION 24 Fakahatcheee Grass / Trlp5acum dactyl0lde5 3 gal. Full, Maintain at Natural Mature Ht. I G8 SF Non -Cypress Mulch 0 40 80 120 feet SCALE: 1"= 40' s u rl ate rre e.o. Eax M. —.e . U.w 32961 772.913.4148 ROBIN PELENSKY. PLA _Iens"Gs.rlaterrela—, —667100 �TRI6� �eee— to _J Q w z 0 z z gQ Q0 J U- LL - 0 (s) L-o(s) z (D� O O o0 > o� CL/ W Q Q = o Q F— z kms. DATE: Always tall 81a bl:fnre you tllg `r} 1 SHEET: L2 OF: z OR INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Work Order No. 6, MBV Engineering, Inc. Atlantic Boulevard Parking Area Project (SR 60 & 43rd Ave.) DATE: May 5, 2017 DESCRIPTION AND CONDITIONS On November 15, 2011 the Board of County Commissioners approved the Continuing Contract for Professional Services with MBV Engineering, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract. On April 14, 2015 the Board of County Commissioners approved an interlocal agreement with the City of Vero Beach to provide for the release of certain contractual land use restriction encumbering the City -owned former Dodgertown nine -hole golf course property and City cooperation and assistance regarding certain roadway improvements project for Aviation Boulevard, 43rd Avenue, and State Road (SR) 60 in the area of 43rd Avenue. The interlocal agreement obligated the County to incorporate a "Cure Plan" for the northeast corner of SR -60 and 43rd Avenue into the plans for the SR -60 and 43rd Avenue roadway widening project. The SR -60 and 43rd Avenue project is moving forward with FDOT acquiring right-of-way for the project with the intention of starting construction on the project in the latter part of 2018. As such, it is now the appropriate time to start the process for design and permitting of the "Cure Plan". The purpose of Work Order No. 6 is to provide survey, design and permitting services to provide a "Cure Plan" for access, parking, landscaping, irrigation and other necessary improvements to accommodate businesses on the north side of SR -60 between 43rd Avenue and Atlantic Boulevard. Work Order No. 6 is for a total lump sum amount of $78,000.00. FUNDING Funding in the amount of $78,000.00 is available in Account Number 31521441-066510-06041 Optional Sales Tax/43rd Avenue/SR 60 —18th Street to 26th Street. RECOMMENDATION Staff recommends approval of Work Order No. 6 to MBV Engineering, Inc. authorizing the above- mentioned professional services as outlined in the attached Scope of Services and requests the Board to authorize the Chairman to execute the attached Work Order No. 6 on their behalf for a total lump sum amount of $78,000.00. C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@80059E17\@BCL@80059E17.doc P27 Page 2 Work Order No. 6, MBV Engineering, Inc. BCC Agenda Item for May 16th, 2017 ATTACHMENTS Work Order No. 06 DISTRIBUTION MBV Engineering Inc. APPROVED AGENDA ITEM FOR MAY 16, 2017 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@80059E17\@BCL@80059E17.doc P28 WORK ORDER NUMBER #6 Atlantic Boulevard Parking Area Project IRC Project No. ;1719 This Work Order Number 6 is entered into as of this _ day of , 2017, 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 the 0 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 MBV Engineering, Inc. ("Consultant"). SCOPE OF WORK It is our understanding that the Engineering Division intends to create a "Cure Plan" for the Atlantic Boulevard parking area, in conjunction with the anticipated future State Road 60 and 43rd Avenue roadway widening projects, as mutually agreed upon by the City of Vero Beach and Indian River County, and adjacent property owners. Improvements shall include, but are not limited to, extending the driveway connection from the businesses on Atlantic Boulevard west of 42nd Avenue to connect with Atlantic Boulevard opposite the driveway to Abbott's Frozen Custard (4140 20t' St), install a new irrigation well to replace the one currently in Poinsettia Park, and provide landscaping on both sides of the realigned Atlantic Boulevard at State Road 60. More specifically, these improvements are to be provided as per the Interlocal Agreement between the City of Vero Beach and Indian River County dated April 21, 2015, and as preliminarily detailed in Exhibit "9" of said Agreement. The proposed design improvements will consist of driveway realignment, parking improvements, drainage improvements, landscaping and irrigation well relocation within the areas as defined above. In addition it is assumed the proposed design will be based on the existing site configuration. Incorporation of proposed design plans into the FDOT State Road 60 / 43'd Avenue design plans and other off-site improvements/ utility relocates are not included in this scope of work. MBV Engineering, Inc. will provide the survey, design, permitting, and bidding service related to the above activities. 1. Survey (Existing Conditions) CONSULTANT will obtain the boundary and topographic survey for the area to receive the improvements. In addition, the CONSULTANT shall locate all visible above ground utilities, structures, paved areas, and buildings within the improvement area. 2. Design Services a. Construction Plans / Meetings The Consultant will prepare 24" x 36" design drawings signed & sealed, for the above described improvements. The design drawings will include Preliminary Site Plan layout, Final Site Plan layout, Pavement Design Details, Utility Plan Details and Erosion Control Plan and Details. I� P29 The Consultant will meet with adjacent property owners, individually, two times each and will meet with all property owners simultaneously up to four times to review the preliminary Site Plan to obtain input on proposed layout and incorporate comments as applicable. b. Specifications The Consultant will prepare technical specifications for the proposed improvements. The County will provide in an electronic format the Division specifications that are applicable and the Consultant will modify them as required to make project specific. C. Construction Cost Estimate The Consultant will prepare estimates of probable construction costs (based upon FDOT Basis of Estimates) at approximately 60, 90 and 100 percent levels of design completion. d. County Reviews The Consultant will attend three (3) progress review meetings with the COUNTY Engineering Department staff at approximately 60, 90 and 100 percent levels of design completion. A single set of review comments shall be provided to Consultant from COUNTY Engineering Division staff prior to each review meeting. 3. Permitting / Bidding Services The Consultant will prepare the following permit applications and associated submittals for the following agency: • Indian River County ROW Permit • City of Vero Beach Major Site Plan approval Permit • City of Vero Beach ROW Permit • City of Vero Beach Utilities Permit • St. John's River Water Management District Exemption • Indian River Farms Water Control District Stormwater Exemption • FDOT Driveway Connection Permit • FDOT Drainage Connection Permit Exemption No wetlands, endangered species or other ecological permitting is anticipated or included herein. The Consultant shall respond to up to one (1) request for additional information by the permitting agency. The Consultant will be responsible for the above listed permit fees and an allocation has been provided as per the below fee schedule. The COUNTY shall be responsible for setting the bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The Consultant will prepare a .pdf of the Technical Spec Provisions / bid documents for the COUNTY's use in distributing the bid documents to prospective bidders via Demandstar. P30 DELIVERABLES The Consultant shall provide the COUNTY with the following: • One (1) hard copy (24" x 36") of the bid documents Final Drawings, signed & sealed • One (1) hard copy (11" x 17") of the bid documents Final Drawings, signed & sealed • One (1) signed & sealed .pdf and .dwg copy of the drawings and bid documents • Technical responses for one addenda, as required for clarifying responses from the pre-bid meeting • Bid award recommendation letter SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Survey and Design Services 90 days from the date of authorization • Permitting/ Bidding Services 270 days from the date of authorization FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: Task Fee Task 1- Survey $ 9,500 Task 2 - Design Services $ 39,500 Task 3 - Permitting / Bidding Services $ 21,500 Permit Fee Allocation / Contingency $ 7,500 17 Work Authorization Total 1 $ 78,000 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing P31 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 MBV Engineerin ,Inc. OF INDIAN RIVER COUNTY By. By: Aaron Bowles, P.E. Joseph E. Flescher, Chairman Title: Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk r Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Roland M. DeBlois, AICP Chief, Environmental Planning DATE: May 9, 2017 RE: Board Approval of Resolution Authorizing Grant Application to the Florida Inland Navigation District for Public Access Improvements at the Oyster Bar Marsh Conservation Area It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of May 16, 2017. DESCRIPTION AND CONDITIONS On April 4, 2017, the Board of County Commissioners approved a partnership agreement with the Indian River Land Trust (IRLT) to develop public access improvements at the Oyster Bar Marsh Conservation Area and on adjacent IRLT-owned land on the south barrier island. As a part of that agreement, the County committed to applying for a grant from the Florida Inland Navigation District (FIND) and/or other government grant agencies for funding assistance for the improvements. To that end, county staff has submitted a Waterways Assistance Program (WAP) grant application to FIND for cost -share funding for the project for FY 2017-18. For a complete application, FIND requires that the applicant (Indian River County) provide a resolution authorizing the project and ensuring that terms of the grant will be met (if awarded). Attached is the grant application resolution for the Board's approval consideration. ANALYSIS The attached resolution (Attachment E-7 of the FIND grant application) is in a standardized format as required by FIND. The resolution indicates that the County is applying for 50% ($140,850) of the total estimated construction costs of the Oyster Bar Marsh project ($281,700). (Note: the grant application costs do not include design, engineering and permitting costs, which the IRLT is contributing to prior to FY 2017-18). Attachment 2 to this report provides.a breakdown of estimated costs by project elements. P33 Funding As presented to and authorized by the Board on April 4, 2017, the funding source for the County's match for the grant ($140,850) is to come from Optional Sales Tax and Land Acquisition Bond proceeds that are budgeted and available in the adopted 5 -year Capital Improvements Program. As indicated in the partnership agreement with the IRLT, the IRLT has committed $100,000 towards costs of the overall project, including design, engineering and permitting. Regarding ongoing maintenance costs once the improvements are constructed, an estimate of $21,200 in annual costs was provided to the Board at the April 4 meeting, with funding for such maintenance costs to be accounted for in the Parks Division's future operating budgets. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached resolution (FIND grant application "Attachment E-7) for the Oyster Bar Marsh Trail Improvements project described herein, and authorize the Board Chairman to sign the resolution on behalf of the County. ATTACHMENTS 1. Maps of ownership and proposed project improvements. 2. Table of cost estimates (by project element) for the project. 3. Proposed resolution for the Oyster Bar Marsh Improvements (FIND grant application "Attachment E-7). 4. County grant application summary form. C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@ 14057E4C\@BCL@ 14057E4C.docx P34 a a� 40 ✓�, I r�.'' ,!.!r r j ' - �;. , +x•s a � � x �� �?` ra iF�`s�,. ' 1�.F . .y ,',� �"'y*" � F S►J � tF7 i ++�„ 1wx , � ter= A�;^�� � `�= �,� X��� °�} � r'#'► ^.. ay. Y },y Tnr .�. �`t ;,iii• ,"' � r �`al. k e,,.z, ��+4' h. 4 � it � �.,i •' :�, a ., - :) i � '� •'yam, "� �.�""�k� r a lie s�t ♦ f jr-,_ �r ' i r• �t r J Y� .•�rr F" 1•C� 'fe 4 msµ, � @ .: ip % p � � i' -moi �, 1 '+ • . per' -"�> • ` .a z •. �: ;�' �• "91`. ". �� f • ^ .ell - !".. _,•l t�+;� � � � • k r Figure 3. Proposed Oyster Bar Marsh Trail ATTwimin P36 •' 2j, � '1� • vii :.,.•n .. , � �. _ � ••41 1. �.`. i � '., • �',�... Figure 3. Proposed Oyster Bar Marsh Trail ATTwimin P36 ATTACHMENT E-5 FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2017 PROJECT COST ESTIMATE (See Rule Section 66B-2.005 & 2.008 fo[ ejiZibilily and funding, ratios) Project Title: Oyster Bar Marsh Trail Applicant: Indian River County Project Elements Quantity or Total Applicant's Cost FIND Cost (Please list the AIWOR project elements Estimated Cost and provide general costs for each one. (Number and/or For Phase 1 Projects, please list the Footage etc.) major elements and products expected) Entrance road and parking area (10-15 50,000.00 25,000.00 25,000.00 parking spaces and landscaping) Entrance Gate 1,500.00 750.00 750.00 Trailhead 2,000.00 1,000.00 1,000.00 Interpretive signs 12,000.00 6,000.00 6,000.00 'Directional and informational signage 1,200.00 600.00 600.00 Lagoon observation pavilion 45,000.00 -22,500.00 22,500.00 Northern boardwalk — (interior wetland) 50,000.00 25.,000.00 25,000.00 Southern boardwalk — (bypasses private 100,000.00 50,000.00 50,000.00 property) Habitat restoration 20,000.00 10,000.00 10,000..00 "TOTALS = $ 281,700.00 $ 140,850.00 $140,850.00 Fonn No. 90-25 (New 10/14/92, Revised 04-24-06) ATTAC14MEPIT 2 P37 RESOLUTION 2017 - ATTACHMENT E-7 RESOLUTION FOR ASSISTANCE 2017 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE Indian River County Board of County Commissioners (BCC) is interested in carrying out the following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title: Oyster Bar Marsh Trail Total Estimated Cost: $ 281,700.00 Brief Description of Project: Construction of approximately 1.3 miles of shared -use recreational trails, boardwalks, lagoon pavilion, and interior impoundment overlook along the mosquito impoundment berm of the Oyster Bar Marsh adjacent to the Indian River Lagoon (IRL) and Intracoastal Waterway, as well as construction of parking/trailhead facilities adjacent to and connected to existing US Highway AIA facilities; AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the Indian River Counter that the project described above be authorized, AND, be it further resolved that said Indian River County BCC make application to the Florida Inland Navigation District in the amount of 50.0 % of the actual cost of the project in behalf of said Board of County Commissioners, AND, be it further resolved by the Indian River County BCC that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached,proposal and that it will carry out the Program .in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. (1) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) P38 RESOLUTION 2017- 1 .3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said Indian River County BCC for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use -of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-3.52 (1964) and design and construct all facilities to comply fully with statutes, relating .to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Indian River County BCC at -a legal meeting held on this 16th day of May, -2017. Approved as to Form and Legal Sufficiency: William K. DeBraal Deputy County Attonrey BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court & Comptroller M (2) Deputy Clerk Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) ATTACHMENT 3 P39 GRANT NAME: Oyster Bar Marsh Trail - FIND Waterways Assistance Grant GRANT # AMOUNT OF GRANT: $140,850 DEPARTMENT RECEIVING GRANT: Community Development / Environmental Planning CONTACT PERSON. Roland M. DeBlois TELEPHONE: (772) 226-1258 1. How long is the grant for? Two years 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant.require a match? If yes, does the grant allow the match to be.In-Kind services? 4. Percentage of match to grant 50 5. Grant match amount required !9140,,950 Starting Date: October 1, 2017 X Yes No X Yes No X Yes No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Optional Sales Tax and Land Acquisition Bond Proceeds per adopted 5 -year CIP 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 -tip costs: $ (Attach'a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional.space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 .Regular Salaries 0 11. 13 Other Salaries & Wages (PT) 012.11 Social Security :012.12 Retirement – Contributions 012.13 Insurance – Life & Health 0.12.14 Worker's Compensation 012.17 S/Sec: Medicare Matching $ TOTAL 9. What is the total cost of 'each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the -estimated cost of the grant to the county over five years? $140,91iA __:>''.> Grant Amount Other Match Costs Not Covered Match Total First Year $140,850 $ $140,850 $281,700 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: — �r.�Date: �Znz..y t'7 ATTACHMENT 4 P40 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 8, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Rejection of Bids for Annual Telecommunication Systems Equipment, Material, Supplies, Maintenance, and Installation (Bid 2017025) BACKGROUND: The Public Works Department requested the solicitation of annual sealed bids for as needed telecommunication system equipment, maintenance and installation. BID RESULTS: Advertising Date: April 20, 2017 Bid Opening Date: April 2, 2017 Demandstar Broadcast to: 365 Subscribers Specifications/Plans Downloaded by: 22 Vendors Replies: 3 Vendors ANALYSIS: The items in the bid were divided into six separate groups of work, with vendors allowed to bid on any or all groups, but required to bid on every item within the selected groups. Of the six groups, three were bid on by only one of the vendors, including the group staff anticipates the bulk of the materials and work will be required under. Two of the three groups on which multiple bids were received are rarely used items/services. The bid documents note the authority to the Board to reject any and all bids, and the right to make no award under the bid. Staff recommends the received bids be rejected and a new bid be crafted with a significant reduction in the number of groups and bid items, focusing only on the items most likely to be required. The more limited scope is expected to increase the number of competitive bids received and may enable the County to award to a pool of vendors, facilitating more efficient project completion. SOURCE OF FUNDS: The cost to advertise a new bid is estimated to be $90 and is available in the Telecommunications - Legal Ads account, 0042347-034910. P41 CONSENT AGENDA RECOMMENDATION: Staff recommends the Board reject the responses received for Bid 2017025 and authorize the Public Works Department to revise the specifications and the Purchasing Division to release a new invitation to bid for the subject work. P42 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: May 5, 2017 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 Manager, Utility Services Subject: West Regional Wastewater Treatment Facility Filter Replacement BACKGROUND/ ANALYSIS: In 1996, Indian River County Department of Utility Services (IRCDUS) expanded the West Regional Wastewater Facility (WWTF) and installed the Aqua -Aerobic System Bridge Filter. The filter polishes the final effluent water to ensure that the total suspended solids and turbidity is in compliance with the Florida Department of Environmental Protection (FDEP) treatment requirements and is a permit requirement for reuse to public access such as golf courses. Over the last 21+ years, the equipment received routine maintenance that has helped it exceed its normal service expectation of 15-20 years. The filter is in need of total rehabilitation to continue treating the effluent water before going to reuse sites. This is a sole source item due to the structure being built for Aqua -Aerobic Systems Inc. 12.5'x 42' AquaABF Traveling Bridge Filter. Aqua -Aerobic Systems Inc. is the exclusive original equipment manufacturer (OEM) municipal representative. FUNDING: Funds for this project are derived from the Renewal and Replacement (R&R) operating funds. Operating funds are generated from water and sewer sales. Description Account Number Amount West Regional WWTF Filter Replacement 47123536-044699-17524 $132,185.00 RECOMMENDATION: The staff of IRCDUS recommends that the Board of County Commissioners (BCC) waive the requirement for bids and authorize the Purchasing Division to issue a purchase order to Aqua -Aerobic Systems Inc. for $132,185.00. ATTACHMENTS: 1. Aqua -Aerobics System Proposal Number 140380 2. Sole Source Letter, Aqua -Aerobics System Inc. OEM C:\Users\GRAN IC—I\Appdata\Local\Temp\BCL Technologies\Easypdf 7\@BCL@6805A57E\@BCL@6805A57E.Doc Page 1 of 1 P43 BIC SYSTEMS, INC, / i�I��itl • ' • P'���+1 TO: Indian River County South 2600 6th Ave. S.W. Vero Beach Florida 12444 USA ATN: Tony Etter CC: EnviroSales of Florida, Inc. / ph#: 8631314-06161 fx#: NIA Sam Gutridge Proposal#: 140380 PROJECT: INDIAN RIVER COUNTY, FL (WEST) PROPOSAL DATE: May 10, 2017 The following Notes apply to Aqua -Aerobic Systems' proposal: - We are pleased to quote, for acceptance within 90 days of this date, prices and terms on goods listed below. - Equipment will be furnished by Aqua -Aerobic Systems, Inc. with civil work (if necessary) by the Buyer. - Equipment listed below is for rebuild of one (1) 12.5'x 42' AquaABF unit as requested by the customer. - If additional equipment modifications beyond the proposal scope are required to the filter, they will represent an additional cost. - Turnkey teardown and installation of the equipment will be completed as follows: Removal (Aqua contractor responsibilites) - The Aqua contractor shall remove the sand media, all hold down angles, spacer rods, 1/4-20 hardware, caulk, porous plates, and backwash shoe. - After removal, all cell dividers will be inspected and ledges will be cleaned to be free of caulking by the Aqua contractor. - The backwash and washwater pumps will be removed. Installation (Aqua contractor responsibilities) - Once unit is clean, new alumina oxide porous plates, sealant, retaining angles and hardware will be installed. - New stainless steel spacer rods and hardware will be installed. - The new backwash shoe will then be installed, and the existing wear strip surface smoothed. - A light test will be performed to assure the plates are installed properly for the plant. - The media will be installed via pneumatic truck. - The new backwash and washwater pumps will be installed - After these components have been replaced, a walk through of the entire filter will be performed to check for other possible problems. Wear strips, bearings, pumps, etc. will be inspected to make sure everything is working correctly. The Aqua contractor shall: 1. Provide compressed air. 2. Offload all equipment shipments. 3. Provide a dumpster and disposal for all waste materials. 4. Provide plywood for walking on top of the cells, and tarp to cover the filter area during installation. 5. Provide fans for air circulation and improved curing of the sealant. 6. Dump the existing media at the job site. If the media needs to be disposed of at a landfill then additional costs shall apply. The customer shall provide or confirm the following: 1. Electrical service 110V, 20amp needs to be provided by the customer. 2. The customer shall prevent influent from entering the filter during the course of the rebuild project. 6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com Copyright 2017, Aqua -Aerobic Systems, Inc Printed: May 10, 2017 Page 1 of 5 P44 PROPOSAL DATE: May 10, 2017 Proposal#: 140380 AQUA-tl.lA0B1C � Mia�nr Gveanv Price does not include delays beyond contractor control. Price is for non-union labor. Access to the site is necessary from 7AM to 713M. 1 Underdrain Installation Component(s) consisting of: - Ceramically bonded alumina porous plate(s). - Spacer blocks - Tube(s) of sealant. - Retaining angle(s). - High grade silica sand approximately 11 inches deep, complying with sections 1, 2.2 and 5 of the standard specifications for the filtering material (AWWA Designation B100-09). The 10% size or effective size shall be between .55 and .65 millimeters. The uniformity coefficient (ratio of 60% size to 10% size) shall not exceed 1.50. Media shall be shipped in 30001b supersacks. - Stainless steel spacer stud(s). 1 Set(s) Of Bridge Accessories consisting of: - Submersible pump(s) with 3 HP, 3 ph motors. 1 Backwash Shoe Assembly(ies) consisting of: - Polypropylene backwash shoe(s). - Stainless steel backwash shoe center plate(s). - PVC backing plate(s). - PVC piping and fitting(s). 1 Backwash Shoe Tensioning Assembly Component(s) consisting of: - Backwash shoe tensioning bracket(s). - Backwash shoe compression spring(s). - Tensioning rod(s). Suaervison/Freight Domestic 1 Supervision Services and Freight Package(s) will be provided as follows: - 1 Trip, 1 Day(s) On Site for Start -Up of the Filter. - Freight to Jobsite The Following Notes apply to Aqua -Aerobic Systems' Proposal: - We expect record set drawings and equipment to be completed and in transit to you approximately 12-14 weeks after receipt of order with acceptable terms and conditions and guarantee of payment. Any changes to the record set drawings may result in price adder(s). *Schedules may be adjusted at time of order placement, depending upon existing order backlog. Weeks quoted are actual working weeks. - Materials and Services not specifically described/itemized in this proposal are not included in the quoted total price, and are to be supplied by the installing contractor/purchaser. - F.O.B. ORIGIN; TITLE AND RISK OF LOSS: All prices and all shipments of goods are F.O.B. Aqua -Aerobic Systems, Inc.'s plant at Loves Park, Illinois. Delivery of the goods sold hereunder to the carrier shall be deemed delivery to the Buyer, and upon such delivery, title to such goods and risk of loss or damage shall be upon Buyer. - TAXES: State and/or local taxes are not included in the price but will be charged unless we receive a valid resale/exemption certificate. - PAYMENT TERMS: Subject to credit approval and guarantee of payment, payment of 75% of the purchase price after equipment shipment Net 30 days from date of each shipment; and 25% upon completion of equipment installation, no retainage allowed. - Supervision services included in Aqua -Aerobic Systems' proposal are based upon supply of the quantity of trips and days stated. Additional supervision services can be provided for an additional charge of $1200/day plus travel and living expenses. GOODS QUOTED ABOVE WILL BE SOLD SUBJECT ONLY TO THE TERMS AND CONDITIONS OF SALE SET FORTH HEREIN. ANY DIFFERENT OR ADDITIONAL TERMS ARE HEREBY OBJECTED TO. 6306 N. Alpine Rd, Loves Park, IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com Copyright 2017, Aqua -Aerobic Systems, Inc Printed: May 10, 2017 Page 2 of 5 P45 PROPOSAL DATE: May 10, 2017 Total Price: $132.185.00 Proposal#: 140380 A _UA,AI�IKOBI Si► STEM Si UNC r, wECI #w- sK6" 6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com Copyright 2017, Aqua -Aerobic Systems, Inc Printed: May 10, 2017 Page 3 of 5 P46 PROPOSAL DATE: May 10, 2017 Proposal#: 140380 A%LWAVROBIC SYSTEMS. INC. ` � • r u""W TERMS AND CONDITIONS OF AQUA -AEROBIC SYSTEMS, INC. (A Metawater Company) Page 2 of 2 QUALIFIED ACCEPTANCE AND INDEMNITY In the event the acceptance of this proposal by Buyer either is contingent upon or subject to the approval by any third paw* as, but not limited to, a consulting engineer, with respect to goods, parts, materials, descriptive data, drawings, calculations, or any otherthM then upon such approval by any third party, AquaAerobic Systems, Inc. shall have no liability to Buyer or tenythird party so long as the goods sold and deliverer by Aqua -Aerobic Systems, Inc. conform to this proposal. In the event any such thins party requires modifications in the proposalclurlo the approval thereof, Aqua -Aerobic Systems, Inc. may at its ole option and without liability to any party elect to cancel this proposal or return 1 purchase order to Buyer. In the event Aquakerobic Systems, Inc. elects to modify this proposal to conform to the requirements for approval by ai third party, Aqu&Aerobic Systems, Inc. in such event shall have no liability to Buyer or to any thin] party so long as the goods sold and dehed by Aqua -Aerobic Systems, Inc. conform to thisproposal asmodified Buyer agrees to indemnify and save harmless Aquakerobic Systems, Inc. from and against all costs and expenses and liability of any kin whatsoever arising out of or in connection with claims by third parties so long as the goods sold hereunder conform to thquilements of this proposal as approved by any thid party. WARRANTY; LIMITATION OF LIABILITY; AND DISCLAIMER In return for purchase and full payment for Aquakerobic Systems, Inc. goods, %w warrant new goods provided by us to be free from defects i materials and workmanship under normal conditions andse for a period of one year from the date the goods are put into service, or eighteen mont from date of shipment (whichever first occurs),If the goods include an "Endura Series" motor, the complete Endura Series unit shall be warrant by Aqua -Aerobic to'be free from defects in materials and workmanship under normal conditions and use for three years from the date the praffm put into service or 42 months from the date of shipment (whichever occurs first). OUR OBLIGATION UNDER THIS WARRANTY IS EXPRESSLY AND EXCLUSIVELY LIMITED to replacing or repairing (at our factor, at Loves Park, Illinois) any part or parts returned to our factory with transportation charges prepaid, and which our examination sbabvhto have been defective. Prior to return 6 any goods or its parts to our factory, Buyer shall notify AquaAerobic Systems, Inc. of claimed defect, an( Aqua -Aerobic Systems, Inc. shall have the privilege of examining the goods at Buyer's place of business at or where the goods ha&erwise been placed in service. In the event this examination discloses no defect, Buyer shall have no authority to return the goods ortptio our factory for the further examination or repair. All goods or parts shall be returned to Buyer, F.O.B oves Park, Illinois. This warranty shall not apply to any goods a part which has been repaired or altered outside our factory, or applied, operated or installed contrary to our instructionsiabjected to misuse, chemical attack/degradation, negligence or accidenThis warranty and any warranty and guaranty of process or performance shall no longer I applicable or valid if any product, including any software program, supplied by Aqulaerobic Systems, Inc., is modified or altered without th, written approval of AquaAerobic Systems, Inc. Our warranty on accessories and component parts not manufactured by us is expressly limited that of the manufacturer thereof THE FOREGOING WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AP OF ALL OTHER LIABILITIES AND OBLIGATIONS ON OUR PART, INCLUDING ANY LIABILITY FO NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE; AND ANY IMPLIED WARRANTY OF MERCHANTABILI7 OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED; AND WE EXPRESSLY DENY Tl RIGHT OF ANY OTHER PERSON TO INCUR OR ASSUME FOR US ANY OTHER LIABILITY IN CONNECTIC WITH THE SALE OF ANY GOODS PROVIDED BY US. THERE ARE NO WARRANTIES OR GUARANTEES t PERFORMANCE UNLESS SPECIFICALLY STATED OTHERWISE. UNDER NO CIRCUMSTANCES, INCLUDING ANY CLAIM (NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. SHALL AQUAAEROBIC SYSTEMS, INC. BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE COSTS OF CONNECTING, DISCONNECTING, OR ANY LOSS OR DAMAGE RESULTING FROM A DEFECT IN T: GOODS. LIMIT OF LIABILITY: AQUAAEROBIC SYSTEMS, INC.'S TOTAL LIABILITY UNDER THE ABOV1 WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. THE REMEDIES SI FORTH HEREIN ARE EXCLUSIVE, AND OUR LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE, ( ANYTHING DONE IN CONNECTON THEREWITH, WHETHER 1N CONTRACT, IN TORT, UNDER AN' WARRANTY, OR OTHERWISE, SHALL NOT, IN ANY CASE, EXCEED THE PRICE OF THE GOODS UPON WHI( SUCH LIABILITY IS BASED. Final acceptance ofthis proposal must be given to AquAerobic Systems, Inc. at theiroffice inLoves Park, Illinois. Please acknowledge acceptance by signing the proposal and returning it to Aquakerobic Systems, Inc. 6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com Copyright 2017, Aqua -Aerobic Systems, Inc Printed: May 10, 2017 Page 4 of 5 P47 PROPOSAL DATE: May 10, 2017 Proposal#: 140380 AC_„l1A-AI1Ft0B1C SYSTEMS. INC. t a i4MrMe TERMS AND CONDITIONS OF AQUA AEROBIC SYSTEMS, INC. (A Metawater Company) Page 2 of 2 QUALIFIED ACCEPTANCE AND INDEMNITY In the event the acceptance of this proposal by Buyer either is contingent upon or subject to the approval by any third ps # as, but not limited to, a consulting engineer, with respect to goods, parts, materials, descriptive data, drawings, calculations, or any othettaaathen upon such approval by any third party, AquaAerobic Systems, Inc. shall have no liability to Buyer or unythird party so long as the goods sold and delivere( by Aqua -Aerobic Systems, Inc. conform to this proposal. In the event any such thins party requires modifications in the proposabpiio the approval thereof, AquaAerobic Systems, Inc. may at its ale option and without liability to any party elect to cancel this proposal or return purchase order to Buyer. In the event Aquakerobic Systems, Inc. elects to modify this proposal to conform to the requirements for approval by a third party, AquaAerobic Systems, Inc. in such event shall have no liability to Buyer or to any third party so long asthe goods sold andwzlid by Aqua -Aerobic Systems, Inc. conform to this proposal as modified Buyer agrees to indemnify and save harmless Aquderobic Systems, hic. from and against all costs and expenses and liability of any kii whatsoever arising out of or in connection with claims by third parties so long as the goods sold hereunder conform to t*hi ements of this proposal as approved by any thid party. WARRANTY; LIMITATION OF LIABILITY; AND DISCLAIMER In return for purchase and full payment for AquAkerobic Systems, Inc. goods, we warrant new goods provided by us to be free from defects materials and workmanship under normal conditions andse for a period of one year from the date the goods are put into service, or eighteen mon from date of shipment (whichever first occurs),If the goods include an "Endura Series" motor, the complete Endura Series unit shall be warran by AquaAerobic to be free from defects in materials and workmanship under normal conditions and use for three years from the date the prbdu put into service or 42 months from the date of shipment (whichever occurs first). OUR OBLIGATION UNDER THIS WARRANTY IS EXPRESSLY AND EXCLUSIVELY LIMITED to replacing or repairing (at our factor at Loves Park, Illinois) any part or parts returned to our factory with transportation charges prepaid, and which our examination shadimto have been defective. Prior to return bany goods or its parts to our factory, Buyer shall notify Aquakerobic Systems, Inc. of claimed defect, an, Aqua -Aerobic Systems, Inc. shall have the privilege of examining the goods at Buyer's place of business at or where the goods hotbenvise been placed in service. In the event this examination discloses no defect, Buyer shall have no authority to return the goods atspm our factory for the further examination or repair. All goods or parts shall be returned to Buyer, F.O.Boves Part, Illinois. This warranty shall not apply to any goods o part which has been repaired or altered outside our factory, or applied, operated or installed contrary to our instructim-§ubjected to misuse, chemical attack/degradation, negligence or acciderThis warranty and any warranty and guaranty of process or performance shall no longer applicable or valid if any product, including any software program, supplied by Aq&robic Systems, Inc., is modified or altered without th written approval of AquaAerobic Systems, Inc. Our warranty on accessories and component parts not manufactured by us is expressly limitec that ofthe manufacturer thereof THE FOREGOING WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, A OF ALL OTHER LIABILITIES AND OBLIGATIONS ON OUR PART, INCLUDING ANY LIABILITY FC NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE; AND ANY IMPLIED WARRANTY OF MERCHANTABILI OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED; AND WE EXPRESSLY DENY 7 RIGHT OF ANYOTHER PERSON TO INCUR OR ASSUME FOR US ANY OTHER LIABILITY IN CONNECT]( WITH THE SALE OF ANY GOODS PROVIDED BY US. THERE ARE NO WARRANTIES OR GUARANTEES PERFORMANCE UNLESS SPECIFICALLY STATED OTHERWISE. UNDER NO CIRCUMSTANCES, INCLUDING ANY CLAIM @IF.GLIGENCE, STRICT LIABILITY, OR OTHERWISE SHALL AQUArAEROBIC SYSTEMS, INC. BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAG] COSTS OF CONNECTING, DISCONNECTING, OR ANY LOSS OR DAMAGE RESULTING FROM A DEFECT IN 7 GOODS. LIMIT OF LIABILITY: AQUAAEROBIC SYSTEMS, INC.'S TOTAL LIABILITY UNDER THE ABOV WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. THE REMEDIES S' FORTH HEREIN ARE EXCLUSIVE, AND OUR LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE, ANYTHING DONE IN CONNECDON THEREWITH, WHETHER IN CONTRACT, IN TORT, UNDER AN WARRANTY, OR OTHERWISE, SHALL NOT, IN ANY CASE, EXCEED THE PRICE OF THE GOODS UPON WHI SUCH LIABILITY IS BASED. Final acceptance ofthisproposal must be given to AgeAerobic Systems, Inc. at theiroffice inLoves Park Illinois. Please acknowledge acceptance by signing the proposal and returning it to AquaAerobic Systems, Inc. Accepted by: Offer Respectfully Submitted, Company: 10a /l "d By: Date: Paul Klebs, AfterMarket Sales Manager Aqua -Aerobic Systems, Inc. 6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com Copyright 2017, Aqua -Aerobic Systems, Inc Printed: May 10, 2017 Page 5 of 5 P48 Q_UA, AEROSIO SYSTEMS, TNC. - APd��wMarCmYe+x May 10, 2017 Correspondence ID#: AAL -34430 Indian River County Attn: Tony Etter 2500 6th Ave. S.W. Vero Beach, Florida 12444 Project: INDIAN RIVER COUNTY, FL (WEST) RE: Aqua -Aerobic Systems Proposal #143080 dated 5/10/17 Tony, This letter is to confirm the AquaABF equipment is a proprietary designed sole source product, manufactured, sold and distributed exclusively by the original equipment manufacturer, Aqua -Aerobic Systems, Inc. Aqua -Aerobic maintains all copyright privileges, and purchase of AquaABF equipment is available only from the manufacturer, Aqua -Aerobic Systems, Inc. Please note that Envirosales, Inc. is the sole representative of Aqua -Aerobic Systems' ABF equipment in the state of Florida. If you desire additional information or have any questions regarding this matter, please do not hesitate to contact me at my direct line 815/639-4466, or by email to pklebs@aqua-aerobic.com. Sincerely, / azd K"a. Paul Klebs AfterMarket Sales Manager CC: EnviroSales of Florida, Inc. / ph#: 863/314-0616 / fx#: N/A Sam Gutridge / Sam@envirosalesofflorida.com Aeration & Mixing I Biological Processes I Filtration I Membranes I Process Control & Monitoring Aftermarket Parts & Services 6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com P49 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: May 10, 2017 SUBJECT: Approval of Smoke Free Workplace Policy BACKGROUND: In recognition of the right of employees to work in an environment free of tobacco smoke, a Smoke Free Workplace policy has been developed. The policy has been provided to the Teamster's Union and the Union has not identified any concerns with implementation. The County's Fire Service is already smoke-free and contractual provisions for remaining tobacco free both on and off duty are in place. . Once approved, the policy will be communicated to all employees and new hires will be notified of the policy during employee orientation. RECOMMENDATION: Staff recommends the Board approve the attached Smoke Free Workplace policy. ATTACHMENTS: Smoke Free Workplace Policy P50 SMOKE FREE WORKPLACE POLICY The County recognizes the right of its employees to work in an environment free of tobacco smoke and has established a Smoke Free Workplace Policy. In compliance with the Florida Clean Indoor Air Act of 1985, the right to a smoke-free environment in the workplace takes precedence over individual desires to smoke. Smoking is strictly prohibited in County owned or leased buildings, including offices, hallways, waiting rooms, restrooms, lunch rooms, elevators, and meeting rooms, among other areas, and in County vehicles. Smoking includes the use of e - cigarettes. The County also recognizes the rights of employees who choose to smoke or to use tobacco products to make personal decisions without interference, as long as these decisions do not interfere with the rights of other employees. Such employees may smoke during designated breaks only in designated smoking areas outside of County buildings or at least twenty-five (25) feet away from County worksites, building entrances, and storage areas of flammable substances. If breaks are provided employees, smokers are provided the same breaks as other employees and are not provided additional breaks. Individuals who chose to smoke or use tobacco products are responsible for ensuring that cigarette butts and other tobacco byproducts are properly disposed of and do not litter County property. Managers and supervisors are responsible for implementation of and compliance with this policy in each work area. Employees who are found in violation of this policy are subject to progressive disciplinary action. Free resources are available for employees who are considering quitting tobacco. Please visit http://tobaccofreeflorida.com for more information. Information is also available through your health care provider. P51 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: May 10, 2017 SUBJECT: Continuation of May 2 Board Agenda, Consolidation of Deferred Compensation Plans At the May 9, 2017 board meeting, the Board requested supplementary information as well additional employee meetings to be held before the next Board meeting. Staff and the consultant is continuing to gather this information and will have answers for May 16, 2017 Board meeting. Also in response to their. request, Suzanne Boyll,, Human Resources Director, has scheduled two meetings to be held May 11, 2017. Our consultant, Jacob Peacock, will be attending and we have requested Nationwide representative(s) to also attend. We are attaching the previous agenda item. P52 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127 1h Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director THRU: , Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: May 2, 2017 SUBJECT: Consolidation of Deferred Compensation Plans BACKGROUND Over the past few years, the Government Finance Officers Association (GFOA) and the National Association of Government Defined Contribution Administrators (NAGDCA) have been addressing the fiduciary responsibility for governments to develop policies and procedures to review deferred compensation plans. The Board of County Commissioners and each constitutional officer is a fiduciary and is expected to act in the best interest of plan participants (employees and retirees). These duties include selecting and monitoring deferred compensation providers, investments, and all associated expenses. The Clerk's office hired a consultant, AndCo, on September 26, 2016 to assist in developing procedures to meet our fiduciary duty. One of the suggestions from our consultant was to consolidate all plans (currently ICMA-RC, Nationwide and Florida League of Cities) to one deferred compensation provider and ask if the Board and each constitutional officer would like to participate in the consolidation. Consolidation to a single provider would: • take advantage of the economies of scale to reduce record keeping fees • utilize best practices for fee transparency and equalization • simplify investment lineup using open architecture and lowest net expense investment classes • offer unified, comprehensive education and communication education program across the County • streamline plan administration for County staff. A general meeting was held on October 26, 2016 and attended by staff of the Board and each constitutional officer (this group formed the RFP committee). During the October 26th meeting, parties agreed that a way to meet our fiduciary responsibility was to prepare a competitive request for proposal (RFP). The RFP outlined our goals of. • Lowering participant expenses • Enhancing the participant experience by providing participant education programs and easily accessible website and call center • Simplifying and consolidating the investment fund selection (funds will be selected by the committee after a contract has been negotiated with the plan sponsor) P53 • Automating participant deductions and County staff reports (streamline the plan administration) • Maintaining plan documents With the exception of the Sheriff's Office, each constitutional officer and the Board of County Commissioners has elected to participate in the consolidation and will be represented on the committee. The following information was available to the committee as of September 30, 2016: • Total participant assets $29.65M • Total estimated recording keeping fees paid to each of the three providers $231,000 • Average recording keeping fee paid 0.76% Nation Florida BOCC $14.16M 7 $8.25M $2.83M Clerk $0.36M $1.13M $0.52M Prop App Tax Coll $0.58M Elections`� - $0.15M - Total Assets $15.40M $10.90M $3.35M Fees ($) $112,600 $104,200 $14,200 Fees (%) 0.73% 0.96% 0.42% The RFP was released on January 2, 2017 and nine qualified responses were received from deferred compensation providers. These nine responses were reviewed by the committee on March 16, 2017 and the committee selected the top five providers for presentations. On April 6, 2017, each of the top five ranked deferred compensation providers made a presentation to the committee. Following the presentations, the committee ranked the providers as outlined below: 1 -Nationwide 2 -Lincoln 3 -Empower 4 -Mass Mutual 54CMA The committee requested our consultant to contact Nationwide for a best and final offer on fees and services. The consultant successfully negotiated the following fee concessions with Nationwide for the Committee's consideration: • Open Architecture Fund Lineup (no proprietary fund requirements): a 0.02% reduction from the original RFP to 0.17% Or • Open Architecture + Nationwide Fixed Account: a 0.04% reduction to 0.12% (The existing Nationwide recordkeeping fee is 0.70-0.75% depending on the plan.) P54 In addition, Nationwide will extend the 3.5% guaranteed rate on the NW Fixed Account an additional 12 months for a total of 24 months; after which the rate could be adjusted quarterly. It is important to note that the new fixed account would have a minimum rate of 1.00% (meaning the 3.5% can go no lower than 1%). Currently the fixed account cannot go below 3.5%. There are currently 35 participants solely invested in the Nationwide Fixed Account and 62 additional participants with some portion of assets invested in the Nationwide Fixed Account. The committee will discuss the above two Nationwide options, selection of new funds, and the mapping of existing funds to the new funds after approval by the Board of County Commissioners of a single deferred compensation provider. The committee's investment goals are: • Select 10-20 core investments • Select Target Date funds (TDFs) • Continue with Nationwide Fixed Account • Reduce recording keeping fees The RFP process has resulted in a substantial reduction in fees under a consolidated deferred compensation program. If the Board elects to contract with Nationwide and the committee agrees to continue with the Nationwide fixed fee account, the savings to employees is estimated to be over $195,000 annually in recordkeeping fees ($231,000 previous fees less $35,580 new fee). The new fee calculation is $29.65M x 0.12% = $35,580. There will also be additional investment related savings for participants once the new fund lineup is in place. RECOMMENDATION Staff recommends: 1. Awarding the deferred compensation contract to Nationwide with a term of five years with two optional 2 -year extensions. 2. Approval to revise Section 104.5 Deferred Compensation of the Indian River County Code of Ordinances. Upon the Board's approval of staff's recommendation, staff will work with the County Attorney's office and bring back the contract for approval by the Board as well as revise Section 104.5 of the Indian River County Code of Ordinances. P55 16AI INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner DATE: May 8, 2017 SUBJECT: Request for Authorization to Submit an FY 2017 Grant Application for 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 16, 2017. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received grant funds under 49 USC Ch. 53, Section 5307. Those funds have been 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. According to federal regulations, Section 5307 program grants may be used for the planning, acquisition, construction, improvement, and operating costs of facilities, equipment, and associated capital maintenance items used in mass transportation service. While operating expenses require a 50% nonfederal match, capital expenses require only a 20% nonfederal soft match (which effectively provides for 100% federal funding of capital expenses). In Indian River County, state toll revenue credits are utilized as a soft match to provide the required nonfederal share for the capital expenses portion of the Section 5307 grant. The use of a soft match eliminates the need for the County to provide a cash outlay for capital expenses. According to applicable regulations, toll revenue credits may be used as soft match only for the capital portion of a Section 5307 grant. For operating expenses, however, the nonfederal share is provided through a combination of local funds and Florida Department of Transportation (FDOT) public transportation grant funds. C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@D805A22E\@BCL@D805A22E.docx P56 ANALYSIS For FY 2017, the SRA has requested that the County apply for federal Section 5307 funds on the SRA's behalf so that the SRA can provide for the continuation and expansion of its GoLine/Community Coach fixed route and demand response bus services. As proposed, the grant will allow the Senior Resource Association to leverage local and state funds to continue and expand needed public transportation services within Indian River County. A copy of the County's proposed FY 2017 Section 5307 grant application is provided in Attachment # 1. As required by Federal Transit Administration (FTA) regulations, the attached grant application was prepared using FTA's Transit Award Management System (TrAMS) software. As it has in the past, the FTA requires grantees to utilize its TrAMS software in the development, submittal, modification, and management of Section 5307 grants. As indicated in the attached grant application, the total proposed budget amount is $5,000,000. Of that amount, the federal portion is $3,400,000. That includes both capital and operating grant funds. Overall, the federal share of the proposed budget consists of $1,800,000 in capital expenditures and $1,600,000 in operating expenditures. For the nonfederal share of capital expenditures ($360,000), the County will use toll revenue credits as a soft match. Because a soft match is non-cash, this amount is not included in the project total. For the nonfederal share of operating expenditures (501/o), the match will consist of $800,000 in FDOT grants and $800,000 from Indian River County. In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. According to Section 5307 grant application requirements, the designated recipient (Indian River County) must hold a public hearing to obtain the views of citizens on the proposed grant application. In keeping with that requirement, staff has published a notice of the public hearing. As a necessary prerequisite for submittal of this Section 5307 application, the MPO has included the proposed Section 5307 funding in its FY 2017-2021 Transportation Improvement Program (TIP). The proposed grant application is also consistent with the MPO's adopted ten year Transit Development Plan and 2040 Long Range Transportation Plan. To apply for Section 5307 funds, the Board of County Commissioners must adopt the attached resolution (Attachment #2), authorizing staff to submit the attached grant application. The resolution has been reviewed and approved by the County Attorney's Office. FUNDING Funding in the amount of $800,000 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. C:\Users\GRANIC—I\AppData\local\Temp\BCL Technologies\easyPDF 7\@BCL@D805A22E\@BCL@D805A22E.docx 2 P57 RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution authorizing the filing of the attached FY 2017 Section 5307 grant application. ATTACHMENTS 1. Indian River County FY 2017 Grant Application for 49 USC .Ch. 53, Section 5307 Mass :Transit Capital and Operating Assistance 2. Resolution Authorizing the Filing of a 49 USC Ch. 53, Section 5307 FY 2017 Mass Transit Capital and Operating Assistance Grant Application 3. Grant Budget Forms C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@D805A22E\@BCL@D805A22E.docx 3 P58 DOT FTA U.S. Department of Transportation Application Federal Transit Administration Federal Award Identification Number (FAIN) 5630-2017-1 Temporary Application Number �'',�5630-2017-1 - Application Name 2017 Capital and Operating Assistance Application Status , In -Progress Application Budget Number 0 Part 1: Recipient Information Name: Indian River, County Of Recipient Recipient OST Recipient Alias Recipient ID Type DUNS 5630 Count A INDIAN RIVER COUNTY BOARD OF COUNTY County Agency y 079208989 COMMISSIONERS Location Type Address City State Zip Headquarters 1800 27TH ST BLDG B VERO BEACH FL 329603328 �Ph sical Address 1800 27TH ST BLDG B ,[VERO BEACH ~kFL 32960 - Mailing Address 1801 27TH STREET VERO BEACH FL 32960 Union Information There are no union contacts for this application Part 2: Application Information Title: 2017 Capital and Operating Assistance FAIN Application Application Date Last Updated From Status Type Created Date TEAM? 5630-2017- In -Progress Grant 5/4/2017 5/4/2017 No 1 P59 Application Start Date The start date will be set to the date of the award Application End Date Application Executive Summary executive summary Frequency of Milestone Progress Reports (MPR) No Selection Made Frequency of Federal Financial Reports (FFR) No Selection Made Does this application include funds for research and/or development activities? No Selection Made Pre -Award Authority Yes, this award is using Pre -Award Authority. Does this application include suballocation funds? No Selection Made Will this Grant be using Lapsing Funds? No Selection Made Will indirect costs be applied to this application? No Selection Made Indirect Rate Details: N/A Requires E.O. 12372 Review No, this application does not require E.O. 12372 Review. Delinquent Federal Debt No, my organization does not have delinquent federal debt. Application Point of Contact Information -irst Name Last Name Title E-mail Address Phone 3rian Freeman Senior Planner bfreeman@ircgov.com 772-226-1990 Application Budget Control Totals Funding Source Section of CFDA Amount Statute Number 49 USC 5307 - (MAP 21) Urbanized Area Formula 5307-2A 20507 $3,400,000 (FY2013 and forward) Local $800,000 P60 Local/In-Kind $0 State $800,000 State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Total Eligible Cost $5,000,000 Application Budget Project Total Numbe Budget Item FTA Non -FTA Eligible Quantit r Amount Amount Amount y 5630- X111- I� I 2017-1- 00 BUS - ROLLING STOCK $550,000.00 $0.00 $550,000.00 0 P1 I I 5630- BUY 2017-1- 11.12.03 REPLACEMENT $550,000.00 $0.00 $550,000.00 0 P1 30 -FT BUS 5630- ;113- 1 !BUS - 2017-1- !P1 100 (113 (STATION/STOPS/TERMINALS $15,000.00 $0.00 $15,000.00 0 5630- ACQUIRE - BUS 2017-1- 11.32.09 ROUTE $15,000.00 $0.00 $15,000.00 0 P1 SIGNING 5630- 114- 2017-1- '00 ;BUS: SUPPORT EQUIP AND 'FACILITIES C $114,000.00. $0:00 $114,000.00 0 P1 (114 G -) 5630- ACQUIRE - 2017-1- 11.42.06 SHOP $20,000.00 $0.00 $20,000.00 0 P1 EQUIPMENT 5630- 2017-1- ACQUIRE - ADP 11.42.07 $10,000.00 $0.00 $10,000.00 0 P1 HARDWARE 5630- ACQUIRE - 2017-1- 11.42.09 MOBILE SURV/SECURIT $34' 000.00 $0.00 $34,000.00 0 P1 Y EQUIP 5630- ACQUIRE -ADA 2017-1- 11.42.43 VEHICLE $50,000.00 $0.00 $50,000.00 0 P1 EQUIPMENT 5630- 2017-1- 00 SIGNAL & COMM EQUIPMENT $5,000.00 $0.00 $5,000.00 0 P1 (116 r) (BUS) P61 5630- 2017-1- PURCHASE 11.62.03 $5,000.00 $0.00 $5,000.00 P1 RADIOS SERVICE 5630- X300- ,5630- 1117-00 2017-1-7 OTHER CAPITAL ITEMS (BUS) I ` $926,000.00 , $0.00 $926,000.00 P1 � -) I i 5630- 2017-1- PURCHASE BUS 11.92.02 SHELTERS $150,000.00 5630- PROJECT SHARE 2017-1- 11.79.00 ADMINISTRATIO $32,824.00 $0.00 $32,824.00 P1 N 5630- 2017-1- PREVENTIVE 11.7A.00 $713,176.00 $0.00 $713,176.00 P1 MAINTENANCE 5630- NON FIXED 5630- 2017-1-. 11.7C.00 ROUTE ADA $180,000.00 PARATRANSIT $0.00 $180,000.00 P1 SERVICE 5630- X300- f 119- - 4 5630- !2017-1- i I00 Bus Associated Transit ` $190,000.00 i $0.00 $190,000.00 P1 J(119 iImprovements 5630- 5630- 2017-1- PURCHASE BUS 11.92.02 SHELTERS $150,000.00 $0.00 $150,000.00 P1 5630- 2017-1- PURCHASE 11.92.08 P1 SIGNAGE 5630- X300- 12017-1- 4300 'OPERATING ASSISTANCE P2 .) 5630- UP TO 50% 2017-1- 30.09.01 FEDERAL P2 SHARE $40,000.00 $0.00 $40,000.00 f i $1,600,000.0 1$1,600,000.0 ;$3,200,000.0 0 0; 0', $1,600,000.0 $1,600,000.0 $3,200,000.0 0 0 0 Earmark and Discretionary Allocations This application does not contain earmarks or discretionary allocations. Part 3: Project Information 0 0 0 0 0 0. 0 0 0 0 Project Title: Capital Assistance Project Number Temporary Project Number Date Created Start Date End Date 5630-2017-1-P 1 5630-2017-1-P 1 5/8/2017 Project Description Capital assistance will provide funding for vehicles, transit stop improvements, computer hardware, security equipment, communication equipment, ADA accessibility equipment, preventive maintenance, P62 project administration, and non -fixed route ADA paratransit service. All Intelligent Transportation Systems (ITS) equipment/components are compatible with both Regional and National ITS architectures. All new buses and vans will be wheelchair -accessible using either ADA -compliant lifts or ramps. Project Benefits The project will for the replacement of existing vehicles and equipment that have exceeded useful life requirements. The project is necessary to maintain a reliable public transportation system. Additional Information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo. Project Location (Urbanized Areas) UZA Code Area Name 120000 Florida 123920 1Sebastian—Vero Beach South --Florida Ridge, FL Congressional District Information State District Representative Florida 8 Bill Posey Project Control Totals Funding Source Section of CFDA Amount Statute Number 49 USC 5307 - (MAP 21) Urbanized Area Formula (FY2013 and forward) 5307-2A 20507 $1,800,000 Local - L$0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal �$0 Transportation Development Credit $0 Total Eligible Cost $1,800,000 P63 Project Budget Project $0.00 $550,000.00 0 E Budget Item Number $15,000.00 I $0.00 $15,000.00 0 S $15,000.00 $0.00 $15,000.00 0 5630- '00 2017-1- 1- BUS - ROLLING STOCK P1 ) 5630- BUY 2017-1- 11.12.03 REPLACEMEN P1 30 -FT BUS 5630- -113- 20 17-1- 20 00 BUS - Pi I (113- ) STATION/STOPS/TERMINALS 5630- 2017-1- ACQUIRE - BU 11.32.09 P1 ROUTE SIGNI 5630- 114- 2017-1- 00 BUS: SUPPORT EQUIP AND P1 (114- FACILITIES 5630- 2017-1- ACQUIRE - SH 11.42.06 P1 EQUIPMENT 5630- 2017-1- ACQUIRE -AD 11.42.07 P1 HARDWARE 5630- ACQUIRE - 2017-1- 11.42.09 MOBILE P1 SURV/SECURI EQUIP 5630- ACQUIRE -AD 2017-1- 11.42.43 VEHICLE P1 EQUIPMENT 5630- 116- 2017-1- 00 SIGNAL & COMM EQUIPMENT P1 '(116- (BUS) 5630- 2017-1- PURCHASE 11.62.03 P1 RADIOS 5630- 117- 2017-1- 0 0 7- OTHER CAPITAL ITEMS (BUS) P1 ) FTA Non- Total Amount FTA Eligible Quantity Amount Amount $550,000.00 NG $0.00 $550,000.00 0 E � T $550,000.00 $0.00 $550,000.00 0 $15,000.00 I $0.00 $15,000.00 0 S $15,000.00 $0.00 $15,000.00 0 $114,000.00 $0.00 '$114,000.00 0 OP $20,000.00 $0.00 $20,000.00 01 P $10,000.00 $0.00 $10,000.00 0 TY $34,000.00 $0.00 $34,000.00 0 A $50,000.00 $0.00 $50,000.00 0 $5,000.00 $0.00 . $5,000.00 ' 0 $5,000.00 $0.00 $5,000.00 01 $926,000.00 $0.00 $926,000.00 0 P64 5630- PROJECT 2017-1- 11.79.00 ADMINISTRATION $32,824.00 $0.00 $32,824.00 0 P1 5630- PREVENTIVE 2017-1- 11.7A.00 MAINTENANCE $713,176.00 $0.00 $713,176.00 0 P1 5630- NON FIXED 2017-1- 11.7C.00 ROUTE ADA $180,000.00 $0.00 $180,000.00 0 P1 PARATRANSIT SERVICE ----�----r119- 5630- ------------ ------ --� ----�—_ ___- ------ 2017 -1 -{119 f00 Bus Associated Transit $190,000.00 $0.00 $190,000.00 0 Pi -'Improvements 5630- 2017-1- PURCHASE BUS 11.92.02 SHELTERS $150,000.00 $0.00 $150,000.00 0 P1 5630- PURCHASE 2017-1- 11.92.08 SIGNAGE $40,000.00 $0.00 $40,000.00 0 P1 Project Title: Operating Assistance Project Number . Temporary Project Number Date Created Start Date End Date 5630-2017-1-P2 5630-2017-1-P2 5/8/2017 Project Description Operating assistance for Indian River County's GoLine fixed route system and Community Coach demand response service. Project Benefits This project will allow for the preservation and expansion of the GoLine and Community Coach public transportation services. Additional Information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo. Project Location (Urbanized Areas) P65 JZA Code Area Name 120000 Florida 123920_ ebastian-Vero Beach South --Florida Ridge, FL T Congressional District Information Hate District Representative =lorida 8 Bill Posey Project Control Totals Funding Source Section of CFDA Amount Statute Number 49 USC 5307 - (MAP 21) Urbanized Area Formula 5307-2A 20507 $1,600,000 (FY2013 and forward) w----- Local -- - -- - - 1� [000,000- -- - - Local/In-Kind - - -- $0 $800,0.00_ _ I State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Total Eligible Cost $3,200,000 Project Budget Project Budget Item FTA Amount Non -FTA Total Eligible Quantity Number Amount Amount �.� ---1300- - — ----- - -- -- --•r - 5630-2017-1- 00 OPERATING $1,600,000.00 $1,600,000.00 $3,200,000.00 0 P2 (300- ASSISTANCE UP TO 556230-2017-1- 30.09.01 FEDERAL $1,600,000.00 $1,600,000.00 $3,200,000.00 0 SHARE P66 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE FILING OF A FY 2017 GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE. WHEREAS, the Federal Transit Administration (FTA) is authorized to award Section 5307 grant funds for the implementation of a mass transportation program of projects; WHEREAS, Indian River County and the Indian River County Senior Resource Association utilize FTA Section 5307 funds to provide needed public transportation services within the County; and WHEREAS, in applying for FTA Section 5307 funds, Indian River County and the Indian River County Senior Resource Association will comply with all applicable federal regulations and requirements associated with the Section 5307 program. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Community Development Director or his designee is authorized to file applications on behalf of Indian River County with the U.S. Department of Transportation to finance and implement the capital and operating program of projects specified in the County's FY 2017 grant application under 49 USC Chapter 53, Section 5307. 2. That the Chairman of the Indian River County Board of County Commissioners, the County Attorney, and/or Community Development Director are authorized to execute, and the Community Development Director is authorized to file with such application, an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the Community Development Director or his designee is authorized to execute grant agreements with the U.S. Department of Transportation to finance and implement the program of projects specified in the County's FY 2017 grant application under 49 USC Chapter 53, Section 5307. 4. That the County Administrator is authorized to set forth and execute necessary Disadvantaged Business Enterprise (DBE) policies in connection with such application as specified in the County's adopted DBE plan and in accordance with the federal requirements of 49 CFR Part 26. That the Community Development Director or his designee is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the County's FY 2017 grant application under 49 USC Chapter 53, Section 5307. THIS RESOLUTION was moved for adoption by , and the C:\Users\GRANIC-1\AppData\Loca1\Temp\BCL Techno1ogies\easyPDF7\@BCL@D805FD4B\@BCL@D805FD4B.docx Page I of 2 P67 RESOLUTION NO. 2017 - motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc The Chairperson thereupon declared the resolution duly passed and adopted this J 16th day of May , 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, 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 Joseph E. Flescher, 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 16th day of May 2017. APPROVED AS TO LEGAL SUFFICIENCY :• Dylan Reingold County Attorney Notary Public SEAL: APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS I:• Stan Boling, AICP, Director Community Development Department C:\Users\GRANIC-1 WppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@D805FD4B\@BCL@D805FD4B.docx Page 2 of 2 P68 GRANT NAME: 49 USC,Ch. 53 Sec. 5307 FTA Grant (Operating and Capital) GRANT #: 5630-2017-1 AMOUNT OF GRANT: $5,000,000 (Federal, State and Local), $3,400,000 (Federal Section 5307) DEPARTMENT RECEIVING GRANT: Community Develonment (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:_ October 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? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of grant to match: 50% (applies to operating component only) 5. Grant match amount required: $1.600,000 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Local match consists of $800,000 County match already budgeted in general funds and $800,000 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.) $0 (Capital portion also being applied for) 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 Matchm* Third Year 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? $800,000 P69 Grant Amount Other Matching Costs Match Total First Year $3,400,000 $ $800,000 in local funds & $800,000 in FDOT grants $5,000,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ P69 Treasure Coast Newspapers 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, Jane Mcllmurray, 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 pvblicetion of the attached copy of advertisement. Customer Ad Number Copyline PO P 463755 - INDIAN RIVER CO PLANNING DEPT 1604377 Hearing: 5/16/17; Mass Transit Hearing: 5/16/17 Pub Dates May 11, 2017 Sworn t and subscribed before me this day of May 09, 2017, by who is Jane Mcll rray' r (X) pers, n iy known to me or ( J who s produced as identification r Joyce Klein Notary Public 5•16v 1 0A -(- Y „+, LINDA JOYCE KLEIN ;.• . Notary Public-StateofFiorida + ,"c ;1 • Commission # GG 081422 My Cmmo. Ex fresfla 9,2021 P Bonded thrcughNational Notary Assn 5•16v 1 0A -(- 4E Thursday, May 11, 2017 Treasure Coast Newspapers NoMeTo Creditors Notice To Creditors Florida 32960 The names and arepresentative dresses f the pp sonal Pe nal f e repretsentativthe e's t im-mr, are set forth below. All creditors of the decedent clai m.therdemands saving decedent's estate, on whom[[ A copy f this route qm red to be served must is file their laims th this t ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUB- LICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ,«HEM. All othercreditors anddotherpersons the dec having claims or dmands aaamst decedent's este st file their cloansta with this court WITHIN 3 MONTHS AFTER THE DATE OF THIS FIRST PUBLICATION OF THS NOTICE. ALL CLAIMS NOT FILED WITH- IN THE TIME PERIODS SET FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME PERIODS SET FOR ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT'S DATE OF DEATH IS BARRED The date of the first publica- tion of this Notice is May 4, 2017 Personal Representative. John Joseph McHugh, Jr. P.O Be, 2807 Vero Beach, Florida 32961 Attorney for Personal presen John Joseph McHugh. Jr., Esquire joho.,nachughlaw coin Flonda Bar No. 444626 John Joseph McHugh, Jr, Esquire P.O. Box 2807 Vero Beach, Florida 32961 Telephone 772-]]8-1100 Pub: May 4, 11, 2017 TCN 1597674 ST. LUCIE COUNTY, FLORIDA PROBATE DIVISION Fde No. 2017CP000465 IN RE, ESTATE OF MARY ELLEN HYNES, Deceased NOTICE TO CREDITORS The tate a`the Ellen of MaryN deceased, hose dater at deaathaOctober 5, 2016,and se tis py number social sec - for St 9Lucte Circuit Court eCountyx Flor do, Probate Division. the ,dress of which is 201 South Indian River Drive, 5th Floor, Ft. Pierce, Florida 34950 The names and addresses of ,he,Pha�e..ra` Jae IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA PROBATE DIVISION Fe No. 312017CP000309 IN RE: ESTATE OF ANN DRISCOLL k/a ANN DRISCOLL Deceased. Personal Representative: ......McNamee c/o John Joseph McHugh .'r P.O. Box 280] Beach, da 326[ Attorney forPersonal Representative: lohnloseph McHugh. lr, Esquire Ford. Bar No 444626 John lose ph McHugh, Ir, EsqBouire P.O. x 2807 Vero Beach, Florida 32961 Telephone: 772 -778 -Ito. Pubv May 4, Il, 2017 TCN 1598073 PPTa VIJSrNLORIDA Notice To Creditors Notice ToCredkors Public Notices Public Notices of this notice Is May It, 2017 30 DAYS AFTER THE DATE OF a it, a special acco-; NOTICE OF Co Personal Representatives: SERVICE OF A COPY OF THIS NOTICE ON THEM 1 dation for this oneeting, most contact the County's{ PROPOSED ORDINANCES AND PUBLIC HEARING BESSEMER TRUST All other creditors of the Americans with Disabilities' 4815 S us I 1.888.728-4235 COMPANY, N.A. By: Michelle Orlowski decedent and other persons having lams o demands cdecetlent=, Act (ADA) Coordinator t 226-1223 at least 48 hours I. € NOTICE s hereby gwen a quiretl by Chapter 166.041 Its: Senior Vice President 630 Fifth Avenue against estate I must file their claims with advance of meeting. Florida Statutes that the following Ordinances will New York, New York 10111.0333 this court WITHIN 3 MONTHS AFTER THE DATE OF THE Indian River County Board of County be produced in writing and adopted at a meeting of the And LISA VALENTINE FIRST PUBLICATION OF THIS NOTICE Commissioners By: losepi,E Flescher, Qty Commission .f M City f5m t at City Ha11, 121 SW 38 Preston Street Munti ngton, ALL CLAIMS NOT FILED WITH- IN THE TIME PERIODS SET Chairman Pub: May 11, 2017 Fl ogler Avenue onMay 22, 2011 At 530 p.m. A full copy New York 11743-2053 Attorney for C. -Personal FORTH IN FLORIDA STAT- UTES SECTION 733702 OF TCN 16043]] NOTICE OF PUBLIC HEARING f said Ordinance, entitled hereafter, y be' spect- Representatives: THE FLORIDA PROBATE CODE TO CONSIDER THE d at the Office of the City CEIL SCHNEIDER RANDELL Florida Bar No. 077811 WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME ADOPTION,AMENDMENT, AND/OR REPEAL OF A POL- Clerk during regular to ess hours from this date forward Cell Schneider Randel 1, P.A 500 Australian Avenue South, PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) ICV OR POLICIES OF THE SC HOOL BOA RD OF All interested par [les ma [tend said meet - Suite 600 YEARS OR MORE AFTER THE 1T. LSC COUNTY, FLORIDA yam ands be heard or send West Palm Beach, Florida 33401 DECEDENT=S DATE OF DE ATH IS BARRED. NOTICE IS HEREBY GIVEN that a t.t.theofficemen- toned above. Pub' May 11, 18, 2017 The date of first 1.1,1—han the School Board of St Lucie TCN 1606257 of this noticeMay 11, 2017. Personal Representatives: County, Timid,will hold a pubhc hearing Tuesday, of ORDINANCE NUMBER 2352-2017; AN ORDINANCE OF THE Pamela R. Trippe June ll, 201], 500 p.m, as thereafter on thereafter CITY OF STUART, FLORIDA, IN THE CIRCUIT COURT FOR ST LUCIE COUNTY, FLORIDA 12376 N AIA the atter heard, ANNEXING THREE PARCELS PROBATE DIVISION Vero Bea ch, FL 32963 And in the School Board Meet- Room, 4204 Okeechobee OF LAND WEST Of SE FED - ERAL HIGHWAY, CONSIST - File No.: 5620I7CP000432FM Edward S. Tri Roadfort Pierce, Flonda, ING OF 1357 ACRES, SAID IN RE: ESTATE OF Lane, Greenwrck ich'CTd06831 for the purpose of hcanng LY DESCRIBED BEINGPARCELS NXHIBITULA` MICHAEL H. QDAIN, Art....y for Personal Po lie'a accmdance bweth [[Sections ATTACHED HERETO. PRO- Deceasetl Representatves: 120.54�IOOl.4t, and VIDING DIRECTIONS TO THE NOTICE TO CREDITORS The administration f the 1,reda S No.11. ,ESQ Florida Bar No.2]1888 Xochman & Ziska PLC 1001 42, Florida Statutes, to the proposed ado peon tlment tl/or CITY CLERK: PROVIDING FOR REPEAL OF ALL ORDINANC- ES IN CONFLICT: PROVIDING Estate of MICHAEL H. QUAIN, deceased, hose tlate 222 Lakeview Avenue, peak of School Board Polmy ep'a FOR SEVERABILITY; AND of death was March 201], is Suite 1500 - School Volunteers, #6.17 PROVIDING FOR O OTHER TIVE DATE, AND FOR OTHER pending is the C', Court r West Palm Beach, FL 33401 Telephone: (561) 8028960 _ Alppoin tment . Employ- m t Requirements, # 930 PURPOSES. for St. Lucie County, Flo,- Probate Division, the E-mail: - Community Use f Fac, - tldr s f winP. 0. Box d eFort kochmancmfl.ral—ills con pub: May 11, 18, 2017 'ties, and the Code of Stu- Anyl persuadeci dngtoappeal Y tlec, an ad by the 700, Pierce, FL 34954, TCN 1605898 dent Conduct. If atlopted, entl d, and/or r pealed, Carom s'oll at File No 562017CP000432FM The and addresses of jhe pp sed ado tion a9 a tltto en= boom t names the p .oral p sentabve a t, a d/or peas ntlmon re that ve recod the proceeding de In '.9th nd the personal resresenta- 1 shall be m effe<tne apo a proval by the School Board compliance theaAmer- tive's attorney are et forth below P413IiC NOtICeS �ofSt. Lulirne arty with Disabilities Act (RDA), All editors of the decedent propose po - d ancone who needs a tial o,ati.n for mhrold persons g a it other havin NOTICE OF PUBLIC HEARING ,copy, icy (Teo) ill be v stable p he contact tis eting )aims or demands against 'i. Notice f hearia 's hereb 0 Y t the School Board Office, 4204 Okeechobee Road, Fort she Qty's ADA coordinator decedent" estate on whom a copy this notice fo th B and of Co., fyd Commission V Pierce Florida. Reggular t 2885306 at least 48 hours ,dance f the m flog, of qui ed t bchie served must rs of Indian RI ver County, Florida to con- office hours ar Montlay - Friday, 8:00 a m et. 4 30 . e xcluding Saturday and Sun - day c.. t WITHIN�THE LA ER OF 3 MONTHS AFTER THE TIME, der submittal of an. n applica- tion fora FY 201749 U. h. The School Board lcup will be closed on M.nday,May 'I STUART CITY COMMISSION OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS 53, Sections 5307/5339 Mass Transit Capital antl Opera[- 29, 2017 for Me Memonal Day holiday Contact the Cheryl Whlte, City Clerk AFTER THE DATE OF SERVICE OF A COPY OF TH15 NOTICE ng Asse;t9ance Grant. Apub- Im at whbzench sashall 'I Board Members' Oftce at person91who pub. May Il, 2031 TCN 16063]1 ONTHEM.have interest and c i'Any7 wishes to NOTICE OF All other creditors e, oof hs sold .[.tier p s tle'rd an p .rt..,ty to be h rd ill a held by the p Ovide proposal for a for er cost regulatory alter- PROPOSED ORDINANCES AND PUBLIC HEARING ct 9am55t decedent's estate ,must Indian River County Board of County Commissioners alive p vide, by Sec- tion 120 54(1), must do so in NOTICE s hereby gwen as file then )aims with this court WITHIN 3 MONTHS the Countyy Commission Chambers of th Indian River r ting within 21 days after p blicaton .f this notice. gmred by Chapter 166.041 Florida Statutes that the AFTER THE DATE OF THE County Administratl on Build- located t 1801 27th The poroposed adoption, d`W following Orcm noes will be In wrung and FIRST PUBLICATION OF THIS NOTICE. g. Street, Vero Beach, Florida enX.rFr,.' repeal is put expected to require leg- ptetl at aovree at a meenng of the ALL CLAIMS NOT FILED WITH- on May 16, 2017 at 9:00 AM. rs 'lathe ratification pu ua t Cityy Commission of the City IN THE TIME PERIODS SET The Indian River County Boartl to Section 120 541(3 Each person who decides to (Stuart at City Hall, t2t SW Flagler Avenue on May 22, FORTH IN SECTION 733]02 OF THE FLORIDA PROBATE .f County Commissmners is Apes) y decision made li 2017 a15 :30 p.m. A full copy CODE WILL BE FOREVER sidenng the submittal of cr49 by the School Board with f sa d Ordinance, entitled BARRED NOTWITHSTANDING THE TIME USC Ch. 53, Sections 530]/5339 grant application r, pec[ Tiany matter con- sedered t the meetng I hereafter, y be Inspect - d at [he Office of the City PERIODS SET FORTH ABOVE, Asgprspused , the application advised that the person will Clerk during regular buHe si- ANV CLAIM FILED TWO (2) YEARS MORE AFTER THE in federal catoa`ao1f 51580 ante ro Feed ag recouran d at`accord- ' eg,y, forwand.uAll interested parfrom this e NT DECEDENT'S DATE OF DEATH and $1,600,000 in federal oeerating asst tante. The the person may need to e u that a v rbatim ties may [tend said [- iagnand be heartl or send IS BARRED. Thetlateoffustpublicationof nfederal capital share will record ofethe proce ed mgs is c e is to the office men- [his notice is May 4, 2017 sist of 8360,000 in Flon- dartnll revenue credits as a made, incl'"prhe tesbmo- nv antl evidence uonn which tinned above. AutoDeata Directory ("Auto DealaDirectory ' UtoDealerDkectory Auto Dealer directory "Auto Dealer Directory © WALLACE CHRYSLER 2755 5E Federal VERU BEACH CHRYSLER S U WALLACE HYUNDAI 3801 SE Federal WALLACE LI COLN MERCURY GRIECO NISSAN Sales/Service Highway, Stuart OB- 96 800-375-2966 d coin Hwy., Stuart 5555 South U51 Ft Pierce 4815 S us I 1.888.728-4235 Auto Dealer Directory 772-220-3600 Ve mbeach� T72-283.6000 1-800.329-6060 GnecoNissan coin GATOR CHRYSLER F WpLL—A CEDODGE WALLACE LEEP WALLACE MAZDA 772)464-46 772464-4645. WALLACE CADILLAC UOIfle E1 R Drive ALittie�ldveA LOt ...SE Feee,aI nss sE Feder ( Highway, 772-220.3600 37255E Federal 35555E FederalHwy., Stuart BTT-606-0562 U$ -I, MelbOune Highway, Stuart 772.220-3600 Stuart Hwy., Stuart 28051E Fetleml Highway, 8alorchryskr.0et (321)724.6631 VEWE FORD VFRO BEACH (EER 855 5 US ONE 800.375-1999 Stuart T72-219.0007 WALLACE CHEVROLET Ide-ford.com 800-3]5-2966 WALLACE NISSAN 26511E Federal Hwy Stuart SP��dO(OSidA� 48BU5 HwyyI rrobeachc'tl rnm 43135E FederalHw y, Stuart WALLACE VOLVO FederalHwy., Stuart OBIJYdfId T/2-28]-3232 J(PA(H ip(d�IPdi VEROBEACH 17A569.3400 772-286-8000 3801 1E 866-263-4201 675.A -a - 11A Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: May 9, 2017 SUBJECT: Indian River Shores Property Right of First Refusal On May 6th, 2017, Indian River Shores held an auction to offer for sale the 5.38 acre vacant parcel of land located at 5110 State Road AIA adjacent to the County's Tracking Station Oceanfront Park. On May 8th, 2017, the Indian River Shores Town Council made the decision to accept the highest bid of $4,400,000.00. In accordance with the Deed dated March 16th, 1993, the County has the right -of -first refusal on the property. Although the parcel sold for $4,400,000.00, the attached letter from the Town of Indian River Shores indicates a purchase price of $4,840,000.00 which includes a buyer's premium of $440,000.00. Staff's position is that the property can be purchased for $4,400,000.00 under the County's right of first refusal, however, staff does not recommend purchase of the property. Staff recommends the Board of County Commission waive the right -of -first refusal for this transaction, and allow the Town of Indian River Shores to complete the sale to Lutgent Companies as specified in the attached Real Estate Purchase and Sale Contract. Attachments: Indian River Shores Letter Dated May 8, 2017 Real Estate Purchase and Sale Contract County Deed Dated March 16th, 1993 P70 6081 Highway AlA, Indian River Shores, FL 32953 7 231-1771 FAX (772) 2814348 May 0.2O17 � ' Jason Brown May O,2O16 Indian River County Administrator 18OI27thStreet � Vero Beach, FIL 32960-3365 Dear Mr. Brown, This letter istmi onn youand the County Commission that the Town Council m,ade ` the would | d��n�a���1�h�e�bid �� �r�e5�8��|w� ,� officially request that the County's Right mfFirst e|beaddedtotheMay16,JDI7BoandofCmunty Commissioner's meeting agenda. ` Respectfully ' Robert H.StabeJr. REAL ESTATE PURCHASE AND SALE CONTRACT 9015 Americana Road #9 Vero Beach, FL 32966'772-56'7-0551 This Purchase and Sale Contract made and entered into this 6th day of May, 2017, by and between: THE TOWN OF INDIAN RIVER SHORES, a Florida municipal corporation, whose address is 6001 Highway A1A, Indian River Shores, Florida 32963-1016, referred to as "SELLER" and Indian River Auctions and Appraisers, LLC (IRAA, LLC) a Florida limited liability company, whose address is 9015 Americana Rd. #9, Vero Beach, Florida 32966, herein after referred to as "Auctioneer." -I" -Yl e S 2 set Z.&f /©a BUYER Name Address Phone \, , 26 I -6100 �I t' '° �s I eL 2 3� BUYER Name Address Phone WITNESSETH: Thea Seller agrees to sell and convey and Buyer agrees to purchase and pay for the following descri,b d; .01 estate situated in Indian River County, Florida, together with all improvements thereon, more particularly described as follows: The south Y2 of Government Lot 9, less the North 620 feet thereof, and Government Lot 10 less the South 1,070.63 feet there of all in Section 19, Township 32 South, R40 E and lying east of SR A-1 A, also the north 320 feet of the South 1,390.63 feet of Government Lot 1, lying west of the East 10.69 acres of said Government LOT 1, Sec. 20, 32S, R40 E, Indian River County Florida being more particularly described as follows: Beginning at the SW comer of Pebble Beach Development No2 according to the plat filed in Pb 7, pg 83A public records of said Indian River County and running thence North 89 degrees 53'24"E, 421.88 feet along the South of said Pebble Beach Development No. 2, thence run S 0 degrees, 06'36" E 20.00 feet along said South Boundary; thence run N 89 degrees, 51' 24" E, 344.28 feet to the South east corner of Pebble Beach development No. 2, thence S 0 degrees 22' 334" W. 320 feet along the West Boundary of the East 10.69 acres of said Government Lot 1, Sec 20, T32S, R40E: thence S89 degrees 53' 24' w, 654,33 feet, more or less, to the easterly riaht of wav of SR AIA: thence N 17 dearees 54'12"W. 357.06 feet more or less Indian River County, Florida. Buyer agrees to pay therefore the sum of: �/ 7�t�% �� Bid Price, plus, the ten (10.).% Buyer's Premium of $ 'z7D> ®DO , which equals the Contract Price of $ 7r fqo �4� ,therefore: $ �T i 0. , Contract Price to paid as follows: $25,000.00 Cash deposit, the receipt of which is hereby acknowledged, and which is deposited in IRAA LLC, Esc o rust Account, $ `� P®�, which is the balance of the 10% deposit to be collected day of auction and deposited to Indian River Auctions (IRAA LLC) escrow account. $ 3 ,5 ,- J 0 D , Due with Deed at closing. -1- P72 CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before June 16, 2017 unless extended by other provisions of this contract; and possession of the subject real estate shall occur upon delivery of deed. This is a cash transaction with no contingency for financing. Any applicable 2017 Real Estate taxes are to be paid by the BUYER. PROCEEDS OF SALE & CLOSING PROCEDURE: The -deed shall be recorded upon clearance of funds. Proceeds of the sale shall be held in Escrow by Indian River Auctions (IRAA LLC) (Escrow AgenD. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall notify Seller within 5 -days of receiving notice of the title defect in writing, and Seller shall have thirty (30) days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposits and closing funds shall, upon written demand by Buyer and within five (5) days after demand, be returned to Buyer. ESCROW: Escrow agent is authorized and agrees by acceptance of any funds to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Escrow Agent's duties or liabilities under the provisions of Contract, Escrow agent may, at Escrow Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Escrow Agent may deposit same with the clerk of the circuit court. Upon notifying all parties concerned of such action, all liability on the part of Escrow Agent shall fully terminate., except to the extent of accounting for any items previously delivered out of escrow. Any suit between Buyer and Seller wherein Escrow Agent is made a party because of acting as Escrow Agent hereunder, or in any suit wherein Escrow Agent interplead the. subject matter of the escrow, Escrow Agent shall recover reasonable attorneys' fees and costs incurred with the fees and costs to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. Parties agree that Escrow Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of this Contract or gross negligence of Escrow Agent. Both Seller and Buyer further agree that the Escrow Agent will not be held liable to either or both Seller and Buyer for the performance of any terms of this Purchase and Sale Contract or for damages for the non-performance thereof. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposits paid by Buyer and deposits agreed to be paid, may be retained by or for the account of Seller, as agreed upon liquidated damages, consideration for the execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If Seller elects to retain the deposits paid by Buyer, such sums shall be disbursed to Seller and Auctioneer in accordance with their auction agreement. If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may elect to receive the return of Buyer's deposits thereby waiving any action for damages resulting from Seller's breach. However, if the Buyer requires an extension of time in order to close the sale, the Seller reserves the right to request an additional non refundable deposit in the amount of 10% of the proposed purchase price to be tendered by the Buyer as consideration for the extension of time. The prevailing party in any suit shall be entitled to recover their reasonable attorney's fees and costs. CONVEYANCE: Seller shall convey title to the Real Property as appropriate to the status of Seller unless this auction is pursuant to an order of the courts haying jurisdiction in the transfer to the subject real estate, -2- M 41 PA EASMENT AND RESTRICTIONS: The property is sold subject to any easement, restriction, applicable limitations, rights of way and planning and zoning regulations. The undersigned hereby agree that any suit, action or legal proceeding arising out of or relating to the auction shall be brought solely and exclusively in the courts of the State of Florida, Indian River County, Florida, consent to the jurisdiction of such court in any suit, action or proceeding and waive any objection which they may have to the laying of venue of any such suit, action or proceeding in such court. Further, the parties acknowledge and agree that this purchase and Sale Contract shall be governed by, construed and enforced in accordance with the internal laws of the State of Florida without regard of principles of conflicts of laws. The Buyer and Seller, and their respective agents, employees or any other parties acting on their behalves, specifically agree to HOLD HARMLESS the Auctioneer, its officers, directors and employees, for any injuries or damages arising from this Purchase and Sale Contract. All parties signing this Purchase and Sale Contract in ariy representative capacity represent that they have the authority to sign on behalf of such party or entity. If the sale of the subject real estate is by auction, it is subject to all restrictions and announcements made at the opening of the auction. We further certify that we have examined the property described hereinabove; that we are thoroughly acquainted with its conditions and accept it as such. Buyer shall. accept this real estate on an "AS IS" basis with no warranties expressed or implied. All closin .cos.t>is, i.e. documentary stamps, title insurance, mortgage costs (if applicable), Survey, any new lege icriptions and other costs associated with the transfer of deed shall be at the expense of3:uyer. The Seller shall confirm, or counter offer the Contract price within 5 business days of the auction; Indian River County Board of County Commissioners shall confirm or deny its first right of refusal on or before May 16,2017. This contract is contingent upon the final approval of Ord. # 534 of Chapter 169 of Table 160 of Indian River Shores land development code. BUYER AND SELLER ACKNOWLEDGE THIS CONTRACT HAS BEEN READ AND UNDERSTOOD PRIOR TO SIGNING IT. Seller: Brian M. Barefoot, bAyor (Dat _ Seller: Rober.t.1-17SIabe, Jr. Town Manager (Date) Indian River Auctions & Appraisals, LLC, CQ1028116 _Witness F.W. `Rick" Baker, AU 1526 Manager IRAA LLC -3- (Date) S 6 J /7 '(Dfate) P74 Landmark Web Official Records Search http://ori.indian-river.org/searchrindex?theme=.blue§i on=searchC riteriaBookPage&quickSearchSelecf on=#! 112 P75 L parol ID 1 19-32-40-00000-0090-00006.0 aiaio�te••d-oo....�y.ayva. and 20-32-40-00000-0010-00002.0 r COUNTY DEED This Deed, mads this 16th day or March 1993, by INDIAN RIVER OOUNTY, FLORIDA, a political subdivision of the State of Fic,rida, 1840 25th Strftet, rewo Beach, FL 32960, COUNTY, and CIO TOM OF INDIAN RIVER SNORES, a municipal O corporation existing under the lays of the stats of IV Florids, the address of which is 600,1 H. A -1-A, Indian River Shores, FL 32963, TOWN, G7 N W I T N E S s E: H s That COUNTY, for and to cOnaideration of the sum of $125,000 : to it in hand paid by TOWN, r4.•eipt whereof is hereby acknowledged, v and the TOWN giving the COUNTY title to certain land in Gifford, has granted, bargained, and sold to TOWN, its heirs and assigns O 7_ n forever, the following described land lying and being in Indian River County, Florida: c rE>042HZT "A" ATTACMD MRETO AND MADE A PART MMSOF to M < o a Thin conveyance is made subject to the following RESTRICTIONS quo ` &iz a o The County has the right -of -first refusal if the Town ever c Z decides to well or otherwise dispose of the property transferred by t,;) this Dowd. Any such proposed sale or _ dieposal shall be offsred by the Town to the County in writing, and the County shall have 90 days within which to accept the offer or not. IN WITNESS S,'t3PRHOF the COUNTY has caused these presents to be executed -in its name by its Board of County Commissioners, acting by the .Chai+man of said Board, the day and year aforesaid. •�"fi' ::F_, INDIAN RIVER COUNTY, FLORIDA -(esAz.j; ... =, HOAIRD OF COUNTY OCIMSSIONERB a16 • :.:- .'.-: Attesi- .: ts ".�'-•�.� - BY R� " Richard N Bird, Chairman ,. JeffreY,i1',.-Barton, Clerk -rr A.s Ca Ace wte Dale STATS OF FLORIDA cOONT4 OF INDIAN RIVER I HEREBY CERTIFY that on this day, before lee, an officer duly authorized in the state and county aforesaid to take atonowledgments, personally appeared Richard N. Bird and `s Jeffrey R. Barton, as Chairman ana Clerk of the Hoard of County C' Comilasionexe of Indian River Coauaty, Florida, named as grantor in the foregoing deed• and they aev=ally acknowledged essecuting O the melee under the authority vested in them by said Board and o S- that the eo•al affized thereto is the true seal of said Hoard. They O z are perecnally known to nae and did not take an oath. t0 `W' = 'J nrlTstltSS my hand and officSal seal this : Tw day CO � t7 C of 1 �wf^..-�.� 1993. o _ �� O O sign lntureai. notar7 public W pointed name- PA rgjc 4A &4 L.H tJ -6'40 COmlei7sion • M1fi0�'MBC !�D m kftl Pur. S=o a Fkwft rrmmmm "Wbm A.9"aIo W !.A 6359a http://ori.indian-river.org/searchrindex?theme=.blue§i on=searchC riteriaBookPage&quickSearchSelecf on=#! 112 P75 2/7/2017 Tracking Station Landmark Web Official Records Search EXHI B I T " A" The South one-half of Government Lot 9 less the North 620 feet thereof, Gnd Government Lot 10 1088 the South 1070.63 feet thereof all in Section 19, Township 32 South, Range 40 East and lying cast of State Road A -1-A; also the North 320 feet of Cho South 1390.63 feet of Government Lot 1, lying rest of the East 10.69 acres of. said Government Lot 1, Section 20, Town- ship 32 South, Range 40 East, Indian River county, Florida, being core particularly des_ribed an follows Beginning at the Southwesterly corner of Pebble Beach Develop- ment No. 2, according to the plat fil:d in Plat Book 7, Page 83A, Public Records of said Indian River County and running thence N 89 degrees 53' 24" E, 421.88 feet along the South boundary of said Pebble Beach Development No. 2; thence run S O degrees, 06' 36" E 20.00 feet along said South boundary; thence run N 89 degrees, 53' 24" E, 344.28 feet to the South- east corner of Pebble Beach Development No. 2; thence S O degrees 221 34" W, 320 feet along the Tient boundary of the East 10.69 acres of said Government Lot 1, Section 20, Town- ship 32 South, Range 40 East; thence S 89 degrees 53' 24" W, 654.33 fest, more or less, to the Easterly right of way of State Road A -1-A; ttse«re q 17 degrees 54' 12" w, 357.06 fee more or lose to the Point of Beginning. Lying and being in Indian River County, Florida. d :0: CD %.0 co _.,J -o 6h CD O F http*llori.indian-river.orgtsearchrndex?theme=.blue§ion=searchC riteriaBookPage&quickSearchSelection=# 01% P76 11B COUNTY ADMINISTRATOR MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THRU Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: May 10, 2017 SUBJECT: Collective Bargaining Agreement Between Indian River County and the International Association of Firefighter's, Local 2201 The collective bargaining agreement between Indian River County and the International Association of Firefighter's Local 2201(IAFF) expired September 30, 2016. The parties met on several occasions to negotiate a successor agreement. Tentative agreement was reached on April 21, 2017. The proposed agreement was submitted to the IAFF membership and ratified by the Union on May 10, 2017. This agreement is presented to the Board of County Commissioners for approval. Attached for your consideration are the negotiated amendments to the Agreement. Language that has been added is underscored and language that has been deleted is struck through. The full Agreement is on file in the Board of County Commission Office. Below is a summary of the major changes: • The Agreement is for a three term effective October 1, 2016 through September 30, 2019. • It provides for a general wage increase of 3% effective October 14, 2016, a wage reopener in FY2017/18 and FY2018/19, and annual step movement in April of each year of the three year Agreement. • Employees who are topped out will continue to receive a lump sum bonus of $1,000 in lieu of the step increase. This amount will increase to $1,200 in the third year of the agreement. • The Incentive Pay article includes twenty (20) additional Special Operations slots per shift and provides for two (2) additional EMS Coordinators/Training Officers. • The Solo Paramedic incentive program is being replaced with ALS Lead incentive which will compensate employees serving as a lead on a per shift basis. The amount of ALS Lead will be $1.00 per hour FY2016/17, $1.25 per hour FY2017/18 and $1.50 per hour FY2018/19. Solo Paramedics will continue to receive the Solo Paramedic incentive and will not receive ALS lead incentive for the duration of the agreement. • The assignment of ALS Lead and Solo Paramedic within each rank will be interchangeable for purposes of overtime or shift exchange and language concerning the establishment of a mandatory overtime list has been agreed to. P77 Additional protective hoods will be provided as well as bins for storing protective clothing for individuals in stations that do not have storage facilities. Memorandum of Understandings which were reached in resolving grievances regarding shift exchange and annual vacation leave have also been incorporated into the new Agreement. FUNDING: This is a three year agreement commencing on October 1, 2016 (FY2016/17) and ending on September 30, 2019 (FY2018/19). The principal components of the agreement include the following: a 3% general wage adjustment retroactive to October 14, 2016 at an estimated cost of $609,354,with wage re -openers in FY2017/18 and FY2018/19 subject to negotiation; annual step increases in April of each year of the three year agreement, and a top out bonus of $1,000 for those at the maximum step of the pay range. The top out bonus will increase to $1,200 in FY2018/19. The projected cost of the step increase and top out bonus in the current year is $411,817. Subsequent year costs for the general wage adjustment, step increases, and top out bonuses will be similar to the FY2016/17 costs outlined above. In addition, the contract provides for a spare protective hood for all operations personnel and for storage bins for protective clothing. Funds are budgeted and available in the Emergency Services District budget (Fund 114) to address the approved contract provisions. RECOMMENDATION: Staff respectfully recommends approval of the collective bargaining agreement between Indian River County and the International Association of Firefighter's, Local 2201 and requests the Board authorize its Chairman to sign. ATTACHMENTS: Proposed Amendments to the Agreement between Indian River County and the International Association of Firefighter's, Local 2201 P78 PROPOSED FIRE CONTRACT COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN RIVER COUNTY FIREFIGHTERS/PARAMEDICS ASSOCIATION, LOCAL 2201, I.A.F.F. AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT OCTOBER 1, 2016-3 - SEPTEMBER 30, 20196 P79 ARTICLE 6 UNION ACTIVITY 6.01 The Employer and the Union acknowledge that the right of employees to work shall not be deprived or abridged on account of membership, non -membership, participation, or non - participation in any Union or organization. 6.02 The Union President or Secretary, or alternate shall be allowed up to three (3) weeks' time off to attend a union seminar, conference or convention. The time off shall be without pay and shall be considered leave of absence unless a standby arrangement has been provided. 6.03 The Fair Chairman or designee shall be allowed up to fourteen (14) calendar days off during the Fire Fighters' County Fair. Such time off shall be authorized at the discretion of the Emergency Services Director. The time off shall be without pay and shall be considered leave of absence unless a standby arrangement has been provided. Such leave will be considered as time worked for the purpose of seniority accrual and other fringe benefits. 6.04 Up to three (3) four (4) members of the Union's Negotiations Team shall be allowed time off with pay, but without overtime, for all scheduled bargaining meetings between the Union and the Employer. The Union President will advise the County of the designated negotiating team by February 1 of the year the contract expires. Such time off will only be allowed when working hours of the Employee conflict with bargaining unit negotiations. The three four 4 members of the Union's Negotiations Team who were allowed time off with pay shall return to duty immediately upon the conclusion of all bargaining meetings. 6.05 By mutual agreement of the Employer and the Union, there is hereby established a Joint Labor -Management Committee, which shall consist of not more than two (2) members designated by the Union and two (2) members designated by the Emergency Services Director. The Union Committee membership shall consist of persons from within the position classification covered by this agreement, and the management membership shall consist of persons within the Department, but outside the bargaining unit as herein defined. 2 P80 Nothing herein requires -the attendance of the Director of Emergency Services or the Union President at any Labor -Management Committee meeting. 6.06 This Labor -Management Committee shall meet if mutually agreed to by both parties, and such meetings may be held during working hours as scheduled by the Emergency Services Director. 6.07 The purpose of these meetings will be to discuss the problems and objectives of mutual concern, but in no way shall involve specific grievances filed or contemplated or matters which have been the subject of current collective bargaining issues between the parties. 6.08 An agenda, listing the items for discussion, will be forwarded by the party requesting such meeting to the other party no later than three (3) days prior to the meeting. P81 ARTICLE 12 GRIEVANCE GRIEVANCE PROCEDURE 12.01 A "grievance" is a claimed violation of this agreement, including but not limited to the claim that a discharge or other disciplinary action violated a specific provision of this agreement. No grievance will or need be entertained or processed unless presented in the manner described herein, and unless filed in a manner provided herein within the time limit prescribed herein. A grievance may be filed by a bargaining unit employee or by the union. In either case, the procedure to be followed will be the same. Grievances regarding disciplinary actions shall be initially filed at Step 2. The grievant and management may mutually agree to waive any step. 12.02 Rules of Grievance Processing — It is agreed that: A. The time limit at any stage of the grievance procedure may be extended by written mutual agreement of the parties involved in that step. B. A grievance presented at Step 1 and above shall be dated and signed by the grievant. A decision rendered shall be written to the grievant, with a copy to the union if it is not the grievant, and shall be dated and signed by the County's representative at that step. C. When a written grievance is presented, the County's representative shall return a dated and signed copy of it at that particular step. D. A grievance not advanced to the higher step within the time limit provided herein shall be deemed permanently withdrawn and as having been settled on the basis of the County's decision most recently given. Failure on the part of the County's representative to answer within the time limit set forth in any step will entitle the grievant to proceed to the next step. 4 P82 E. A written grievance must set forth the following: 1. A complete statement of the grievance and the facts upon which it is based; 2. The section or sections of this agreement claimed to have been violated; and 3. The remedy or correction requested. F. The Union will be notified of any grievances fled by its bargaining unit employees. In the settlement of any — i tilting in r-etr-eaefive adjustment, sueh adjustment sha44 Bargaining unit employees cannot use the District's or County's grievance or appeal procedures for any claims falling within the definition of a grievance herein. STEPS FOR GRIEVANCE PROCESSING If a grievance arises, the grievant must meet with and discuss the grievance with the Battalion Chief in charge of the shift within ten working days of the event giving rise to the grievance. If the grievant does not have a Battalion Chief, then the grievant is to proceed to Step 1. If the grievant does not have an Assistant Chief, then the grievant is to proceed to Step 2 within 10 working days of the event giving rise to the grievance. In the event the issue in dispute cannot be resolved between the supervisor and the grievant, the grievance shall be presented in writing by the grievant at Step 1 (or applicable Step as outlined above) of the grievance procedure within five working days from the date of the supervisory meeting. Such written grievance must indicate that the matter had been reviewed with the immediate supervisor. Step 1: The grievant shall present the written grievance to the Assistant Chief. The Assistant Chief shall meet with the grievant, which a union steward or a union representative may accompany if the union is not the grievant. The Assistant Chief shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the grievant may forward the grievance to Step 2. 5 P83 Step 2: The grievant shall present the written grievance within five working days from the date of the decision at Step 1 to the Emergency Services Director. The Emergency Services Director shall meet with the grievant, which a union steward or a union representative may accompany if the union is not the grievant. The Emergency Services Director shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the grievant may forward the grievance to Step 3. Step 3: The grievant shall present the written grievance within five working days from the date of the decision at Step 2 to the County Administrator or his designee. The County Administrator (or his designee who is authorized to resolve the issue) shall meet with the grievant, which a union steward or a union representative may accompany if the union is not the grievant. The County Administrator shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the Union and only the Union except as provided by law may forward the grievance to arbitration. .1 P84 ARTICLE 13 ARBITRATION 13.01 In the event that the grievance is not settled at Step 3 within the time allowed, it may then be submitted to arbitration. Submission to arbitration must be made within ten days of the time that the Step 3 decision was rendered; provided, however, this period may be extended upon the mutual agreement of both parties. 'If the parties fail to agree to the appointment of an arbitrator, the party requesting arbitration shall apply to the Federal Mediation and Conciliation Service for a list of seven arbitrators who reside in Florida. The party requesting arbitration shall strike the first name from the list, and the parties shall thereafter alternate in the striking of names. The party requesting arbitration shall notify the last remaining person on the list of his/her selection as the arbitrator in the case. Hearings before the arbitrator shall be conducted in accordance with the rules of the Federal Mediation and Conciliation Service. Testimony shall be given under oath. 13.02 As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the union and the County in writing. It shall be the obligation of the arbitrator to make a best effort to rule within 30 calendar days after the hearing and receipt of post - hearing briefs. The expenses of the arbitration, including the fee and expense of the arbitrator, shall be paid by the losing party. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless the parties mutually agree to share the cost. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The arbitrator's decision shall be final and binding on the parties subject to any review allowed by law. 13.03 The arbitrator will be confined to the written grievance presented in Step 1 of the procedure. Additionally the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement. The arbitrator shall have no authority to consider or rule upon any matter which is not subject to arbitration or which is not a grievance as defined in this agreement; and may not interpret this agreement in a manner 7 P85 inconsistent with the County's management rights. This Agreement may not be construed by the arbitrator to supersede applicable state or federal laws, except to the extent as specifically provided herein. 13.04 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the question that is presented, which question must be actual and existing. In any arbitration decision resulting in a retroactive adjustment, such adjustment shall be limited to ten calendar days prior to the date of the filing of the grievance. In any arbitration decision resulting in back pay to an aggrieved employee, such back pay shall be offset by interim earnings, including unemployment compensation. 13.05 The Union and only the Union shall have the exclusive right to proceed to arbitration on behalf of the bargaining unit members except where the Union refuses to represent an employee as a result of the employee not being a member of the Union. P86 ARTICLE 14 UNIFORMS AND EQUIPMENT 14.01 The Employer will allocate sufficient funds to provide an initial allotment, and replacement in accordance with Article 14.02, for trousers (style to be determined by management), shirts, t -shirts, short -sleeve and long -sleeve polo shirts, shoes, hats, job shirts, jumpsuits, cap, badge and name plate. The Employer also will provide protective clothing and devices; bunker coat and bunker pants made of Nomex or similar material, boots, helmets, shatter -resistant face shield, gloves, safety glasses for welding and metal cutting, two (2) protective hoods and any other safety equipment deemed necessary by management. 14.02 Uniforms and protective clothing shall be worn, and devices used, in accordance with District rules and this Agreement. The aforementioned items shall be replaced upon being lost, or becoming worn or damaged as determined by management. Replacement items will be ordered within seven (7) business days of being reported lost by the employee or identified by management as worn or damaged, unless purchasing requirements necessitate additional time constraints, in which case the items will be ordered as soon as reasonable possible. All items to be replaced must be returned to the Department before new items will be issued. Employees shall be responsible for the replacement cost for any lost items, or items damaged through the employee's negligence. Whenever practical, replacement will be made on the said employee's scheduled shift. 14.03 The Employer, upon request, will provide bed linens, consisting of pillowcases, fitted sheets and flat sheets. Such linens shall be replaced on an annual basis. 14.04 For Fire/Rescue personnel, the following station/work uniform policy will apply: A. Class B dress shirts will be worn when relieving personnel at the stations as well as any planned out -of -station activity, i.e., in-service inspections, public assembly, running errands, or when station tours are scheduled. 9 P87 B. Light gray polo shirts (poly/cotton blend) will be worn around the station during vehicle and equipment checks, in -station projects, cleaning, and also on emergency calls that arise during the duty day. C. Department T-shirts will be worn during any physical fitness training or training requiring physical exertion. D. When necessary, the station officer will have the discretion to alter the application of Sections A, B, and C above for unusual circumstances or occasion, and only for the duration of such circumstances or occasion. 14.05 The District agrees to reimburse the full cost for eyeglasses and contact lenses not to exceed 4 Two Hundred Dollars ($200.00) and up to One Hundred Dollars ($100.00) for wrist watches, damaged in the line of duty, provided that the damage was not caused by negligence, and that adequate proof of such damage, the circumstances of the event, and proof of original purchase price are presented to the appropriate supervisor and approved by the Emergency Services Director. 14.06 The Employer shall provide and maintain a heavy-duty washer for the purpose of laundering turnout gear at si* eight (8) current stations and all new permanent stations opened after the effective date of this Agreement. 14.07 The Employer shall provide storage facilities at each new permanent station opened after the effective date of this Agreement, and storage bins at Stations 6, 8, and 10, to house the protective clothing of firefighters assigned to that station without exposure to diesel exhaust. 10 P88 ARTICLE 15 SAFETY AND HEALTH 15.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations. 15.02 The County agrees to provide safety equipment. The County agrees to continue maintaining maintenance logs and other records and to perform tests to ensure that presently used vehicles are operationally safe. 15.03 A workplace safety committee comprising of three Union representatives and three County representatives will meet quarterly and conduct its affairs in accordance with Florida Statute 633.810, its implementing regulations, and/or any amendments. The workplace safety committee may also meet upon mutual agreement or in the event of an employee death or injury in the line of duty. The committee may make recommendations regarding behavioral and mental health. Nothing in this article shall preclude the County's Human Resources Director, Risk Manager or designees from attending the Safety Committee meetings. 15.04 The County agrees to comply with Section 112.18, Florida Statutes (Special provisions relative to disability) and Section 112.181, Florida Statutes (1997) (special provisions relative to certain communicable diseases) and 29 CFR 1910.134 (OSHA standard for SCBA mask fit testing). 15.05 The Union and the County agree to the concept of a smoke-free fire service, as supported by the Professional Firefighters of Florida. Towards that end there shall be no smoking or use of tobacco products allowed in any area of the fire stations and/or vehicles. Additionally, all bargaining unit employees hired after October 1, 2000, shall abstain, both on and off duty, from the use of tobacco products. 11 P89 15.06 The Employer and the Union agree to adhere to the Emergency Medical Services protocol as set forth by the medical director. 15.07 The County shall provide immunizations for all employees who request to be immunized at the approval of the Medical Director and Emergency Services Director as follows: Tetanus (every ten (10) years), and Hepatitis - (Type A and B) (every five (5) years). The County shall provide testing for tuberculosis each year, and Hepatitis C once as a baseline and after each potential exposure. 15.08 The Employer agrees to provide as a minimum an annual physical for each employee. This physical shall include the same testing as is done for newly -hired employees, except that chest x-rays need not be given more than every three (3) years. The results of the physical shall be provided to the employee, Medical Director, Emergency Services Director or his designee, and Human Resources Director, but shall otherwise be confidential to the extent permitted by law. 15.09 The County and the Union agree to the Drug -Free Workplace Program attached as Attachment A. 12 P90 ARTICLE 16 HOURS 16.01 A. Non -shift employees shall normally be assigned to a 37 %2 hour work week and shall be paid time -and -one-half for all hours worked in excess of 40 hours in their work week. Shift employees shall be assigned to a schedule of 24 hours on duty followed by 48 hours off duty, and shall be paid time -and -one-half for all hours worked in excess of 212 hours in their 28 -day FLSA work period. Overtime shall be calculated in accordance with current practice. B. Non -fire certified ALS shift employees shall be assigned to a schedule of 24 hours on duty followed by 48 hours off duty, and shall be paid time and one half for all hours worked in excess of 40 hours in their 7 day work period. C. As non -firefighter certified ALS employees become firefighter certified, they will be placed on the 28 -day FLSA work period in accordance with 16.01 A. and their pay will be converted to the appropriate pay scale in Article 34, effective the first day of the next 28 -day cycle. If the employee starts working as a dual certified employee prior to the next 28 -day cycle, then the County will pay them $25. Additionally, those employees will be eligible for "Kelly Days" as outlined in 16.02. The Kelly Day may be authorized during the cycle at the time of promotion at the discretion of management. If the Department is unable to authorize the Kelly day, the employee will receive 12 hours of leave placed in their vacation bank. 16.02 All FLSA 207(k) exempt shift employees will be granted three (3) "Kelly Days" to be scheduled in such a way that one (1) "Kelly Day" is allowed each four (4) months of the fiscal year. Kelly days shall be selected during the month of September of each year with the new selections becoming effective October 1St of each year. Once a selected Kelly day becomes effective it may not be cancelled. Such time off shall be scheduled. Employees on light duty, while assigned to an administrative shift (i.e., 37.5 hours, Monday - Friday), shall not be permitted to reschedule their Kelly Days except when it falls on Saturday or Sunday, in which case it will be taken on the next scheduled work day. While on lighty, 8 hours 13 P91 of leave shall continue to be charged for full day absences and hour for hour for partial day absences. 16.03 Overtime payment shall be made in the first paycheck after the conclusion of the 28- day cycle for shift employees. 16.04 The parties recognize that the employees covered by this agreement are essential to the successful operations of County facilities and services during a declared emergency. As such, the parties agree that as a condition of these employees' employment with Indian River County, they must be available and able to report to work and perform assigned duties as directed by management during a declared emergency. The failure to report to work and/or perform assigned duties as directed by management during a declared emergency will be cause for termination of employment with Indian River County. The Emergency Services Director or his designee may allow exceptions to this requirement for extraordinary circumstances at his discretion. 16.05 The County shall indemnify, exonerate, and save harmless the Union from any claims and/or judgments against the Employer and/or Union based upon the application of the FLSA 207(k) exemption. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part based upon the application of the FLSA 207(k) exemption. The County shall defend the said claim, action, suit, or proceeding against the County or against the Union at its own cost and without expense to the Union. 14 P92 ARTICLE 18 VACANCIES AND PROMOTIONS 18.01 The decision whether or not to fill a bargaining unit vacancy shall be within the sole discretion of the Emergency Services Director. Should the Director decide to fill the vacancy, the filling of the vacancy shall be in accordance with the District Personnel Rules and Regulations, except as modified herein. 18.02 Promotional examinations for bargaining unit positions shall be held during the month of September. 18.03 The Promotion Board shall be composed of the Assistant Chief, three (3) Battalion Chiefs, three (3) Captains, and one (1) member of the Union or his designee who will be elected by the bargaining unit. The Promotion Board shall rank all of the candidates, and shall forward the entire list of ranked candidates to the Emergency Services Director. The rankings shall be determined based upon a point system formulated in Article/Section 18.08 and 18.09. In order to be eligible, a candidate for the rank of Driver shall have at least three (3) years of service with the Department and a candidate for the rank of Lieutenant shall have at least three (3) years of service as a Driver with the Department. The Emergency Services Director shall select from the top three candidates the individual he believes, in his discretion, is most qualified for the position. Once the selection is made, the list shall automatically reset to advance the next highest -ranked candidate to the top three. In the event there are fewer than three employees on the promotional list, or the list is exhausted, the Emergency Services Director shall have the authority to appoint an employee who is not on the promotional list that the Emergency Services Director believes, in his discretion, is most qualified for the position; provided that the employee selected must be qualified to work out -of -classification for the position. In appointing an employee who is not on the list, the Emergency Services Director shall consider the employee's job performance, disciplinary actions, college degrees, additional training courses, certifications, leadership, attitude, attendance, and seniority. No appointed employee shall be forced to accept a promotion. 15 P93 18.04 Each employee covered hereunder shall annually receive a written evaluation assessing his performance of the essential functions of the employee's job. The appraisal form shall be developed by the Employer with input from the Union. 18.05 Newly hired employees shall serve an initial probationary period of one year. Newly hired employees who do not possess paramedic certification are required to attain the paramedic certification within the initial twelve (12) month probationary period and will serve an additional probationary period not to exceed twelve (12) month from the date of receivin paramedic. certification. Within the second twelve (12) period, the employee will be required to successfully complete the required tests to obtain Medical Director approval to be released from probationary status. Newly hired probationary employees maybe dismissed at anytime at the discretion of the County and are not entitled to use the grievance/arbitration procedures relating to their discipline or discharge, and are not entitled to payments of sick leave or vacation leave at time of termination. 18.06 Employees who are promoted shall serve a promotion trial period of six months. If an employee who is serving atrial period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to return the employee to the position and status held immediately prior to the promotion. If the employee's former position is filled, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified, the employee will be placed in a lay-off status with recall rights. 18.07 Upon successful completion of their trial period, Fire Inspectors who have at least 5 years of experience with Indian River County Emergency Services will be promoted to Lieutenant Fire Inspector. 18.08The following promotional process shall be followed: RAW SCORES: EXAM SCORES TOTAL SCORE (300 Points max) 16 P94 Multiple choice written test 100 Points max Practical scenario test 200 Points max TOTAL MAXIMUM RAW SCORE 300 Points The written test will be 100 multiple choice questions scored at 1 point each. The exam will be taken from job specific areas for each rank. Maximum score for written exam is 100 points. An employee who does not score a 70% (or greater) on the written exam will not be eligible to take the practical scenario test and will not be considered for the promotion. Additionally, an employee that does not score a 70% (or greater) will be excluded from working out of rank until the employee completes remedial training and is approved by the Emergency Services Director or his designee. For Officers, the practical test will be comprised of scenario based situations that will test the applicant's oral and reasoning skills, as well as their incident management capability. For Driver/Engineers, the practical test will be comprised of two scenario based situations (driving and pumping) that will test the applicant's oral and reasoning skills, as well as their incident management capability. As in the past, they will need to recall and verbalize their instructions based on the SOP's, meeting prescribed benchmarks, as well as using their common sense and job experience. Outside evaluators from other Fire Departments will evaluate and grade each applicant unless otherwise agreed upon. Maximum score for the practical test is 200 points. An employee who does not score a 70% (or greater) on any portion of the practical test will not be considered for the promotion. Additionally, an employee that does not score a 70% (or greater) on any portion of the practical test will be excluded from working out of rank until the employee successfully completes remedial training and is approved by the Emergency Services Director or his designee. 18.09 — Once the top 3 candidates are determined based upon their raw scores (written and practical scenario test), the Promotional Board will issue additional points based upon departmental service as outlined below. Additionally, the Promotional Board will consider the following factors: job performance evaluations, disciplinary actions, working out of classification, college degrees, additional training courses, and certifications in ranking the top 3 candidates. The Promotion Board will review the college degrees, additional training courses, and certifications to determine whether consideration will be given. Additionally, the Emergency Services Director reserves the right to interview the top 3 candidates. NOTE: Ties based upon raw scores will be broken by applying years of service points for Driver/Engineer promotions and by years of service and years of rank points for Officer promotions. In the event there is still a tie, the Promotional Board will consider the resumes of the tied employees. 17 P95 DEPARTMENTAL SERVICE (25/50 Points max) Total years of service completed; credit is 1 point per full year. Total years in rank completed; credit is 1 point per full year. For promotion from Firefighter to Driver/Engineer, only total years of service points will be credited. For promotion from Driver/Engineer to Lieutenant, additional years in rank points will be credited for time in Driver/Engineer rank. For promotion from Lieutenant to Captain, additional years in rank points will be credited for time served as a Lieutenant. Maximum score for Service is 25 points for Driver/Engineer promotional testing and 50 points for Officer promotional testing. OTHER FACTORS TO BE CONSIDERED BY THE PROMOTION BOARD — NO POINT VALUES GIVEN: COLLEGE DEGREES BS OR BA department related AS OR AA department related BS OR BA in non -department related AS OR AA in non -department related CERTIFICATIONS An approved and accredited department related certification requires an examination or review to obtain. Certifications that will automatically be approved will be listed by the Training Division. Any additional certifications may be approved or rejected by the educational committee in the future, and added or subtracted from the list as necessary. EDUCATIONAL COURSES Any documented courses given by colleges, Fire/EMS or public safety agencies, or private companies that are job related and approved by the promotional board. All employees shall have a folder created in their training file to maintain the documentation of each employee's education. The Training Division shall review all education courses/certifications to be used for consideration before the promotional board meets. It is the responsibility of each employee to present current educational documents for their resume. If the documentation is not there, it shall not be considered. 18 P96 ARTICLE 19 SHIFT EXCHANGE 19.01 Effective the beginning of the first pay period after Union ratification and County approval of this Agreement, employees may exchange shifts up to a maximum of twelve (12) shifts or partial shifts of four (4) hours or more and six (6) partial shifts less than four (4) hours each fiscal year when the change does not interfere with the operations of the Fire Department, and when prior approval is granted at the discretion of the Emergency Services Director or his designee. Each shift or partial shift exchange shall be considered an occurrence. Shift or partial shift exchanges are limited to no more than 3 occurrences consecutively regardless of the fiscal year they would occur. Any leave contemplated under this Agreement taken between shift exchanges shall be considered an occurrence towards the 3 consecutive limit, but not towards the fiscal year total, under this section. Chit forms or any other method authorized by the Emergency Services Director shall be used for this purpose. 19.01.1 The Emergency Services Director may provide a carve out for education. 19.01.2 The Firefighter Fair Chairman may assign up to seventy (70) full or partial standby arrangements 19.01.3 The Union President may assign up to seventy (70) full or partial standby arrangements. 19.01.4 Standby arrangements under Sections 19.01.2 and 19.01.3 are subject to the limitations in Section 19.02: provided, however, that an employee of equal classification who has equal or higher qualifications shall be permitted to work the standby arrangement. 19.01:5 Standby arrangements under Section 19.01.3 of this Agreement shall only be used for the following: A. Executive Board Meetings (limited to Local 2201's four principal officers and Local 2201's shift stewards). B. General Union Meetings noticed to Local 2201's members. C. CBA negotiations with the District/Indian River County, including impasse hearings. 19 P97 D. Grievance step meetings and arbitration hearing under the CBA. E. Public meetings of the Indian River County Board of County Commissioners (limited to Local 220 I's four principal officers F. Conferences, conventions, and seminars relating to union activity. G. Charitable community events and fundraisers organized by or for the benefit of a bona fide Section 501(c)(3) non-profit organization, excluding any and all forms of political activity. H. Meetings with Local 220 I's attorneys regarding District/Indian River County union matters. I. Florida PERC proceedings in which Local 2201 is a party. 19.01.6 The seventy (70) full or partial standby arrangements referenced in Sections 19.01.2 and 19.01.3 of this Agreement, are the maximum number allowed per fiscal year, and any unused standby arrangements shall not be rolled over to the following fiscal year. 19.02 The exchanging employees shall both be of equal classification, including sole pa edis . seetion 33.1 n, ^„a out -of -rank eligible. Employees of equal rank and who possess either solo paramedic or ALS lead qualifications may exchange shifts. Deviations from this provision may only be approved by the Emergency Services Director or his designee in his sole discretion. Any such approval shall be on. a case by case basis and shall not establish a past practice when considering future requests. 19.03 The submitted request for a shift exchange shall indicate the shift date that each employee will work for each other; and the dates shall be within the same fiscal year unless a longer period is approved by the Emergency Services Director or his designee. Failure to provide this information will result in the shift exchange being immediately disqualified for consideration. 19.04 An employee who fails to work the shift exchange as indicated on the submitted request shall be disqualified from consideration for future shift exchanges for a period of 12 months unless the circumstances for not working meet the approval of the Emergency Services Director. 20 P98 19.05 Sick leave will be charged to the employee who agreed to work the shift if the employee who agreed to work the shift calls in sick. P99 ARTICLE 21 WORKING OUT OF CLASSIFICATION 21.01 An employee required to work temporarily at a rank higher shall receive $30.00 per day ($60.00 per shift) for the period of time the employee actually works (excluding any periods of leave) worked out of classification. Solo Paramedic and ALS lead are not classifications. To qualify for temperafyrel-ief working out of classification pay, the employee must work in a higher classification for a minimum of eleven (11) consecutive'hours. On -duty qualified employees whose name appears on the eligibility list (where one exists) for promotion to the next rank shall be chosen first to work out of classification. Employees having completed six (6) months of their promotional trial period may work out of classification if qualified by the Training Department. 21.02 Employees will be required to work out of classification if qualified when directed by the department. 22 P100 ARTICLE 25 HOLIDAYS The County recognizes the following holidays and any other days authorized by the Board of County Commissioners under the auspices of the Indian River County Administrative Policy. 1. New Year's Day 2. Martin Luther King, Jr. Day 3. Good Friday 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Friday after Thanksgiving Day 10. Last working day before Christmas 11. Christmas Day 25.02 Non -shift employees shall be given time off with pay for the above holidays on the County observed day. If a non -shift employee works the holiday, the employee shall be paid the overtime rate at time and one-half for the time worked. 25.03 Shift employees not required to work on a holiday will receive twelve (12) hours pay at their regular rate for the pay period within which each holiday falls. Shift employees who are required to work on a holiday shall receive twelve (12) hours of overtime pay, as holiday pay, in addition to their twenty-four (24) hours of regular pay. 25.04 An employee must be on active pay status, or approved leave on the regularly scheduled working day immediately prior to a holiday and the regularly scheduled working day immediately following a holiday in order to qualify for the holiday time. 23 P101 ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE 26.01 ELIGIBILITY A. Full-time permanent non -shift employees earn medical leave at the rate of one (1) work day per month starting the first full month of employment. Shift employees shall accrue medical leave at the rate of one day (12 hours) per month. For purposes of computation, one full 24-hour shift will be equal to two (2) 12 -hour medical leave days. B. Medical leave may be taken as earned during the employee's probationary period. C. Frequent claiming of benefits under this rule will constitute grounds for the assumption by the Emergency Services Director that the physical condition of the employee is below the standard necessary for the proper performance of duties. Likewise, evidence of malingering or the abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by the Emergency Services Director. Employees suspected of abusing leave will be placed on notice and will be required to submit a doctor's note upon their return to work. Abuse of leave shall be defined as three occurrences in a 90 day period. For shift employees, each shift or partial shift that the employee is absent shall be an "occurrence." 26.02 EARNING OF MEDICAL LEAVE An employee on medical leave for more than fifteen (15) consecutive working days shall not accrue medical leave for that period of time. 26.03 ACCRUAL A. For employees hired before the beginning of the first pay period after Union ratification and County approval of this Agreement, medical leave may be accumulated for a total of no more than one hundred (100) days at the employee's anniversary date. 24 P102 B. For employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement, medical leave shall not exceed fifty (50) days at any time. 26.04 USE OF MEDICAL LEAVE MEDICAL LEAVE MAY BE GRANTED FOR THE FOLLOWING PURPOSES: A. Personal injury, pregnancy or illness not connected with work. B. Medical, dental, optical or chiropractic examination or treatment. (Refer to "D" for members of employee's family.) C. Exposure to a contagious disease which would endanger others. D. Illness of a member of the employee's immediate family who lives permanently in the same domicile which requires the personal care and attention of the employee. No more than five (5) working days a year may be taken for this purpose without approval of the Director of Emergency Services (see definition of immediate family in Article 24). E. Events in accordance with the Family and Medical Leave Act of 1993. 26.05 REQUEST FOR LEAVE A. To receive compensation while absent on medical leave, the employee shall notify the employee's immediate supervisor or Emergency Services Director prior to or as soon as possible after time set for beginning the daily duties. An employee in a unit operating on a twenty-four (24) hour basis must notify the department within the time limit established by the Director of Emergency Services. B. Medical leave used adjacent to any other approved leave will not be authorized unless the employee submits medical certification at least 24 hours prior to reporting for work. C. Use of medical leave in the last 30 days of employment with the County shall not be permitted unless approved by the Emergency Services Director or his designee. D. Any request for scheduled medical leave authorized under Article 26.04 (B) shall be requested 72 hours in advance. 25 P103 26.06 CHARGING LEAVE A. For shift employees, medical leave time shall be charged to the employee in 24-hour increments unless the employee has requested approval 72 hours in advance and received approval from the Emergency Services Director or his designee to use less than 24 hours. B. Whefe-appre ed For shift employees who have received approval for less than 24- hour increments, medical leave will be charged in not less than one (1) hour minimum period for time less than one (1) day. C. Employees who are unable to complete their shift due to illness shall provide medical certification at least 24 hours prior to reporting fer back to work or the absence will be considered unapproved. D. For non -shift employees, medical leave time shall be charged to the employee on an hour for hour basis for approved absences. No more than one absence per work day may be charged. 26.07 RETURNING FROM MEDICAL LEAVE A. Employees on medical leave for 21 calendar days or more shall provide medical certification stating they are fit for duty at least 24 hours prior to reporting for work. 26.08 SPECIAL CONSIDERATION FOR PRUDENT USE OF MEDICAL LEAVE Medical leave accumulated in excess of one hundred (100) days prior to the employee's anniversary date shall be compensated by paying the employee by the middle of the month following the month in which the employee's anniversary date occurs for such excess leave at the employee's regular hourly straight time pay. 26.09 MEDICAL LEAVE PAYMENT UPON SEPARATION FROM SERVICE A. Employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement, and who have ten or more years service with the County at the time of separation, shall receive 100% of the base rate of pay for one-half of all unused medical leave, up to a maximum of twenty-five (25) days, upon retirement or death. 26 P104 B. Employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement shall receive 100% of the base rate of pay for all unused medical leave, up to a maximum of one hundred (100) days, upon retirement in accordance with existing retirement plans or death. 26.10 Disability leave with pay shall be provided by the Employer on the following basis: A. The disability resulted from an injury or an illness sustained directly in the performance of the employee's work, as provided in the State Workers' Compensation Act. B. If incapacitated for his or her regular position, the employee may be given other duties with the Fire Service for the period of recuperation, provided the employee's medical condition permits. Unwillingness to accept such an assignment as directed by the Director of Emergency Services will make the employee ineligible for disability leave during the time involved. C. A physician selected by the County may be used to determine the physical ability of the employee to continue on disability leave or to return to work. D. Except as may be modified by Article 26.11, if the disability leave is approved, the first seven (7) days of the leave will be charged to the employee's medical leave or the annual leave account. After the first seven (7) days, the employee will be entitled to normal Workers' Compensation only, unless the employee elects to supplement such Workers' Compensation benefits with any accrued medical or annual leave he or she may have. In no case shall the employee's total compensation from county pay and Workers' Compensation exceed his or her normal compensation. E. No new medical leave shall be accumulated during the period an employee is off the job due to injury. 27 P105 F. At any time during the period of disability, any case may, upon request, be reviewed by an authorized County physician who shall provide r-eeem end r-etentien fedueti "on to the Director of Emergency Services with an assessment on the likelihood of the employee returning to work. 26.11 In the event of a combat injury, generally defined as occurring from the point of alarm to the return to station, an employee will be paid an amount equal to the employee's normal earnings by use of District funds or a combination of District funds and Workers' Compensation without charge to the employee's medical or annual leave. This coverage will be extended to other hazardous activities, if approved by the Director of Emergency Services, after a request for approval of such paid disability has been made by the union president. The Director's approval shall not be unreasonably withheld. 26.12 Bargaining unit employees shall not be entitled to light or restricted duty for non -duty related illness, injury, or condition (such as pregnancy), except as required by applicable law. 26.13 Bargaining unit employees shall be eligible for up to 12 we@!-^ ^ Family and Medical Leave in any twelve menth pe , in accordance with, and under the terms of, the Family and Medical Leave Act of 1993(FMLA). FMLA leave shall run concurrently with all other paid and unpaid leave for FMLA-qualifying absences, and all absences from work for FMLA- qualifying reasons, whether paid or unpaid, will be charged against the employees' FMLA leave allotment. Employees on Family and Medical Leave are required to use all paid leaves before going on leave without pay. 28 P106 ARTICLE 28 ANNUAL LEAVE 28.01 Employees in the bargaining unit shall be entitled to accrue paid annual leave on the following basis: 1. Eleven (11) working days vacation for shift employees and ten (10) working days vacation for non -shift employees shall be earned each year for the first five (5) years of continuous employment commencing with the anniversary date. 2. Sixteen (16) working days vacation for shift employees and fifteen (15) working days vacation for non -shift employees shall be earned at the start of the sixth year of continuous employment through the end of the tenth year of continuous employment. 3. For each additional year of continuous employment, employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement shall earn an additional day of vacation up to a maximum of twenty-one (21) days per year for shift employees and twenty (20) days per year for non -shift employees: CONTINUOUS EMPLOYMENT ANNUAL DAYS EARNED SHIFT NON -SHIFT 11 YEARS 17 DAYS 16 DAYS 12 YEARS 18 DAYS 17 DAYS 13 YEARS 19 DAYS 18 DAYS 14 YEARS 20 DAYS 19 DAYS 15 YEARS 21 DAYS 20 DAYS 28.02 For employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement, forty-two (42) days may be carried over from year to year; and for employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement, thirty (30) days may be carried over from 29 P107 year to year; however; an employee shall not be allowed more than thirty (30) days annual leave in a one-half (1/2) year period. 28.03 For employees hired prior to the beginning of the first pay period after Union ratification and. County approval of this Agreement, employer rules and regulations will apply regarding notification and/or pay for annual leave earned above 500 hours. Employees retiring after entering the DROP will be eligible to receive up to 300 hours of leave upon separation. Employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement will be eligible to receive payment for accrued annual leave up to 500 hours, or the maximum hours allowed by the Florida Division of Retirement at the time, whichever is less, in total. 28.04 Employees with the most time in total service years will be given preference when granting annual leave, during the seniority months (November, February, May, August). Bar aining unit employees may cancel annual leave that has been approved through the Seniorily Month selection process either during the Seniority Month in which it is granted, or at any time up to six (6) weeks prior to the date that the annual leave is to be taken, whichever iserg Annual leave that has been approved through the Seniority Month selection process maw be cancelled other than as provided in Article 28.04, except as authorized in writing b. the Emergency Services Director, or designee, in his sole discretion. The Emergency Services Director's decision to authorize or not authorize the cancellation of annual leave shall not be grievable. Notwithstanding their ability to cancel annual leave as provided in Article 28.04, bargaining unit employees who use the Seniority Month selection process shall continue to be required to use a minimum of two consecutive shifts of annual leave. 28.05 Non -shift employees shall receive one(]) personal day to be used within each calendar year in accordance with the vacation policy. 28.06 Non -shift employees shall be allowed to utilize annual leave in one (1) hour increments 30 P108 ARTICLE 30 COURT DUTY 30.01 COURT LEAVE A. Employees attending court as a witness on behalf of a public jurisdiction or for jury duty during their normal working hours shall receive full pay equal to their normal work schedule for the hours they attend court. This time shall be charged as leave with pay paid court leave. Remuneration paid by the court shall be turned over to the Employer. B. All permanent full-time employees subpoenaed to attend court on behalf of the Employer are eligible for leave with paid court leave. Any remuneration paid by a third pa in conjunction with such appearance shall be turned over to the Employer. C. Those employees who become witnesses, plaintiffs, or defendants in the matters unrelated to the Employer are not eligible for leave with p" paid court leave. Employees who are parties against the County in any proceeding, or who appear without subpoena as witnesses for a party against the County in any proceeding are not eligible for leave with pey paid court leave. D. Nonexempt employees who attend court representing the Employer on their day off will be compensated in accordance with the overtime provision. However, every attempt should be made not to schedule a court appearance on the employee's day off. E. Employees who attend court for only a portion of a regularly scheduled work day are required to report to their supervisor within a reasonable period of time of being excused or released (other than for the night) by court. The failure to so report will be cause for disciplinary action, including termination 31 P109 of employment. Employees released for the night who are required to report back to the court following_day shall not be required to return to work. F. Employees who attend court on behalf of the County, while on scheduled vacation, may be allowed to take additional leave with pay for the court time. G. In the event a holiday occurs during the period of an employee's jury duty, he or she shall receive pay for the holiday. H. All court attendance must be verified before an employee shall be compensated. Monies received from court appearances will be turned over to the Employer. 32 Pilo ARTICLE 31 OVERTIME 31.01 DISTRIBUTION OF OVERTIME All overtime will be distributed equally by classification to the best ability of the supervisor in charge, except where operational needs dictate otherwise, using a computer-generated overtime list or graphical presentation posted daily in real time by the supervisor in charge as a guide for such distribution. In compiling the posted overtime list, the following conditions will be adhered to: A. All assigned overtime hours worked by the employee will be included in totals shown on the above posted list. B. When an employee enters a new classification, the employee will be placed on the overtime list at the highest overtime of the classification entered. C. If an employee refuses overtime which the Employer gets someone else to perform, the overtime will be charged against the employee who refused. If an employee is in line for an overtime assignment because of the position on the overtime list, the employee will not be charged as having refused the assignment if the employee cannot be contacted. D. If an employee is on approved leave, other than Kelly DM, they will not be offered overtime. This is not to be interpreted as meaning that an employee is not subject to call-back while on approved leave. For distribution of overtime purposes an employee shall be considered on approved leave from the time the employee finishes work on the last scheduled work day before going on vacation until the employee's scheduled starting time on the first scheduled work day after the employee's vacation. 33 Pill E. At the end of the payroll period nearest the end of each fiscal year, the accumulated overtime of the lowest employee in each classification (excluding employees who are ineligible for overtime) shall be deducted from the overtime standings of all others in the classification at that location. F. It is expressly understood that reliable, prompt service is a priority responsibility to the public we serve. It is expected that all employees will respond when an emergency or bona fide need exists. The failure to so respond, except as covered in (D) above, will be cause for disciplinary action, including termination of employment. 31.02 PROPER FILLING OF AND DISTRIBUTION OF OVERTIME A. All call -out overtime will be filled by the off going shift. Prearranged overtime shall be offered to employees with the lowest hours of that classification. The Captain shall attempt contact with up to three employees with the lowest hours in that classification. If unable to contact and/or secure consent to accept assignment to prearranged overtime hours, the Captain may hold over other qualified employees. B. Overtime will be called within the classification creating the overtime first. Solo Paramedic and ALS lead are not classifications. If all employees within that rank refuse then only those employees one classification below who can work out of rank will be called. If those employees refuse, then the employee with the, lowest hetes number of occurrences as reflected on the mandatory overtime list within the original classification causing the overtime and not on approved leave will be get assign eded the overtime in a mandatory status. G, At the be6nning of the first pav period after ratification of this Agreement by both parties, mandatory overtime lists will be established for each bargaining unit classification based upon inverse seniority (from least senior employee to most 34 P112 senior employee) within the classification. When employees are promoted to a classification, they shall be placed into the list based on their date of hire. Each mandatory overtime assignment worked in the amount of 12 or more continuous hours shall be counted as an occurrence. After each occurrence, the employ shall be moved to the bottom of the list. If an employee is ineligible to work the mandatory overtime assignment, they will not be charged an occurrence. Employees who, for 30 consecutive calendar days or longer, are on workers compensation leave, workers compensation/medical light assignments, FMLA, or sick leave will have mandatory overtime occurrences credited to them as their names come up within the rotation so that they are not required to work multiple mandatory overtime assignments when they return to full duty. At -the toOeteber i of o., t, jhe ,.,., ,.a„t,,,,, ei4i a lists shall be ver -der -e based seniority , the number F eeeuffenees f ---s.: will be-feset to zero. D. Q The Emergency Services Director may authorize a special event assignment when needed under special circumstances. The staffing of these events will be handled as outlined in Article 31. Mandatory overtime assignments pursuant to this subsection (D) shall be considered an occurrence of mandatory overtime regardless of the number of hours. 31.03 CALL -OUT AND PREARRANGED OVERTIME A. When an employee is required to report for work at a time other than the employee's regular work schedule, it shall be considered: 35 P113 I . A call -out, if the employee has less than twelve (12) hours' notice by the Emergency Services Director or authorized representative; or 2. Prearranged overtime if the employee has twelve (12) hours' or more notice. B. On a call -out, the employee shall be paid a minimum of three (3) hours at time and one-half as time actually worked, except that if the employee is called out before the employee's'regular starting time and works through the employee's regular work period, then only time actually worked shall be allowed. Time shall start at time of initial contact (unless the employee fails to report to work within a reasonable period of time after contact, whereupon time shall start at a reasonable period of time before appearing at work) for purposes of computing time worked and/or paid and shall end upon sign -off at work headquarters. C. In the case of prearranged overtime, the employee shall be paid a minimum of four (4) hours at time and one-half as hours worked (except in the case of meetings, two (2) hours), except if the employee is required to report before the employee's regular starting time and works through the employee's regular work period or is required to continue after the employee's regular quitting time, then only time actually worked or spent in meetings shall be allowed. Pay under this paragraph cannot be converted to compensatory time. D. No employee will be called back to work during the employee's vacation period, unless an extreme emergency has been declared. . 1. An employee's vacation period will begin on the instant the employee finishes the last hour of regularly scheduled work. 36 P114 2. An employee's vacation period will end on the first hour of the employee's scheduled return to work date. 3. In the event an employee is called back from vacation out of town, the District will assume all costs involved in transporting the employee to and from the vacation site. 37 P115 ARTICLE 33 INCENTIVE PAY 33.01 An employee of the District who has successfully completed a certified diver's course and self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi-weekly. 33.02 An employee of the District who has successfully completed a certified Smoke Diver's Course and self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi- weekly. 33.03 A. An employee of the District who has completed a total of eighty (80) hours in courses approved by the Educational Committee will receive a pay increase of ten dollars ($10.00) bi-weekly. The courses for which the employee seeks educational incentive pay must be approved by the Educational Committee prior to enrollment. There will be a maximum of four (4) eighty hour blocks per employee. B. The hours involved in the Fire Fighters State Minimum Standards' Basic Recruit Training are excluded from this agreement. C. The Educational Committee will consist of the Fire Chief, Deputy Fire Chief and two (2) members of the bargaining unit. Should the vote of the Committee end in a tie, the Fire Chief shall be given another vote to break the tie. This committee will establish criteria for sections 33.08 and 33.09. ($60.00) bi-weekly. There will be ,. ", e€ four- (4) £-M.S. Geerdiffuter-s er- Tr-aiff ing Offieer-s in the depart..,.,o(Moved to 33.06.) 33.04 All personnel that are certified in Heavy Rescue as of 09/30/85 will continue to receive twelve dollars ($12.00) bi-weekly for that certification. 38 P116 33.05 The incentives offered in this article (from 33.01 through 33.045) shall be available only for employees who have qualified for the particular incentives by March 24, 1994. 33.06 An employee who is qualified and certified as a Paramedic may assume the duties of the E.M.S. Coordinator or Training Officer and shall receive a pay increase of sixty dollars ($60.00) bi-weekly. There will be a maximum of €ear (4) six 6 E.M.S. Coordinators or Training Officers in the department. (Moved from 33.04.) 33.07 Four (4) Special Operations F.T.O.s per shift, total of 12 slots, shall receive sixty dollars ($60.00) biweekly. FTO assignment shall be made by management on a fiscal year basis. Employees who are not selected to retain FTO status will not be eligible to continue to receive the biweekly incentive. 33.08 y (48) Sixty 60 Special Operations (Technician Level) per shift consisting of 10 High Angle, 10 ARFF, 20 Haz Mat, 20 Rescue Diver, for a total of 4-N 180 slots, shall receive thirty-five dollars ($35.00) biweekly, so long as they maintain their certifications. Only one incentive per person. 33.09 Non -shift employees shall be eligible for one (1) pay increase of twenty-one dollars ($21.00) biweekly (maximum of six individuals) when they become certified in one of the following areas: State of Florida Instructor Il or III State of Florida Inspector II or NFPA Certified Inspector I State of Florida Investigator II or IAAI Certified Investigator NFPA Certified Fire Plan Examiner I or NFA Plan Review for Inspectors 33.10 Effective October 1, 2016, there will be no more Solo Paramedic incentive slots created and Solo Paramedic incentive slots that are vacated will not be filled. Individuals currently filling a Solo Paramedic incentive slot and receiving Solo Paramedic incentive will be grandfathered in and continue to receive the Solo Paramedic incentive pay and be eligible to progress in accordance with the grandfathered schedule below. «9 P117 Months of Service Non 7(k) Exemp 7(k) Exempt 0 0 — 36 months $10.80/day $12/day 0 37 — 72 months $15.12/day $16.80/day o Over 72 months $19.44/day $21.60/day The amount of additional pav for grandfather Solo Paramedic status shall be paid bi-weekly as long as the employee maintains their solo paramedic status. 33.11 When needed to staff ALS stations and/or apparatus, the Countv may assign aualified individuals to work as the ALS lead. One ALS lead will be assigned per ALS aDDaratus. Qualified individuals are those individuals who are grandfathered in and receiving Solo Paramedic incentive and those individuals who are approved by the Medical Director. Individuals serving as the ALS lead, who are not already receiving Solo Paramedic incentive, shall be paid a $1.00 per hour incentive pay for each hour working as the ALS lead in FY16/17, $1.25 per hour incentive pay for each hour working as the ALS lead in FY 17/18, and $1.50 per hour incentive pay for each hour working as the ALS lead in FYI 8/19. The ALS lead is an assignment not a classification. Assignment is made in.the sole discretion of management and is not subject to equal distribution among eligible individuals. If qualified by the Medical Director, the employee may not reject the assignment. Te be filled e* the fele;the-Oeunty will fill 86 stets. Vaeaneies will be Vie- next -pacyc� � — , individuals se .. J,�vd ll a the Cele Ineentiye while pe«f ..... ing e« ., L e Cele u shall e e enline T pen the e r Lien e f this A nt future a ddifiens e f Sole slots will be „L:e„♦ V The Sele lneen4i„e will be paid as follows: The Months of Settviee Nence Ex TTI-'�[] ) Exempt. 40 P118 41 P119 ARTICLE 34 SALARIES 34.1 Upon receiving Firefighter certification, Paramedic I will be placed in the Dual Certified pay scale, effective the first day of the next 28 -day cycle. Upon becoming Firefighter certified ALS personnel will be converted using a 52.5% rate. They will be placed in the step plan based on their years of service. In the event that the converted pay rate is higher than the step they are placed in, their pay will remain at the converted rate until such time that the range or their subsequent step increase is greater than the converted rate of pay. New hires who possess only firefighter certification and do notosp sess paramedic certification will be hired in at $2,000 below the entry level for a dual certified positions and will be required to become dual certified within 12 months of hire. Upon attainment of dual certification, their pay will be increased to the entrylevel rate for a dual certified position. 34.2 Bargaining unit employees will be provided wages as follows: - ..-&Fe F_al Year- 2013 14_ bargaining unit emrleye- ill of e- -_+ f li step, er- other- wage inefeases. 42 P120 one QX EUMIT, 42 P120 A. For Fiscal Year 2016-17, effective October 14, 2016, which is the first full oav period in October, all bargaining unit employees shall receive a 3% general wage increase (except single certified probationaremployees whose pay shall be adjusted to remain at $2,000 below the entry level for a dual certified position) The general wage increase will adjust the minimum and maximum of the respective pav plan. B. For Fiscal Years 2017-18 and 2018-19, the parties mutually agree to reopen this section and collectively bargain future general wage increases and pay scale adjustments for the remainder of the term of this Agreement. Such negotiations shall commence on or before June 15' of each year, unless the parties mutually agree to a later date. C. Effective the first full pay period of April 2017, Aoril 2018, and Aoril 2019 all non - topped out bargaining unit employees, except new hires who have not attained dual certification, will proceed to the next step of their respective pav plan. Topped -out employees shall receive a $1,000 lump sum payment not added to their base pay to be paid in the first full pU period of April 2017. Topped -out employees shall receive a $1,000 lump sum payment not added to their base pay to be paid in the first full pav period of April 2018. Topped -out employees shall receive a $1,200 lump sum payment not added to their base pa to o be paid in the first full pav period of April 2019. New hire employees, who have not attained paramedic certification as of the first full pav period in April 2017, will not advance to the next step of their respective pay plan until 43 P121 .��'a prV MR A. For Fiscal Year 2016-17, effective October 14, 2016, which is the first full oav period in October, all bargaining unit employees shall receive a 3% general wage increase (except single certified probationaremployees whose pay shall be adjusted to remain at $2,000 below the entry level for a dual certified position) The general wage increase will adjust the minimum and maximum of the respective pav plan. B. For Fiscal Years 2017-18 and 2018-19, the parties mutually agree to reopen this section and collectively bargain future general wage increases and pay scale adjustments for the remainder of the term of this Agreement. Such negotiations shall commence on or before June 15' of each year, unless the parties mutually agree to a later date. C. Effective the first full pay period of April 2017, Aoril 2018, and Aoril 2019 all non - topped out bargaining unit employees, except new hires who have not attained dual certification, will proceed to the next step of their respective pav plan. Topped -out employees shall receive a $1,000 lump sum payment not added to their base pay to be paid in the first full pU period of April 2017. Topped -out employees shall receive a $1,000 lump sum payment not added to their base pay to be paid in the first full pav period of April 2018. Topped -out employees shall receive a $1,200 lump sum payment not added to their base pa to o be paid in the first full pav period of April 2019. New hire employees, who have not attained paramedic certification as of the first full pav period in April 2017, will not advance to the next step of their respective pay plan until 43 P121 paramedic certification is attained (not to exceed 12 months from date of hire). This new hire provision will also extend to new hires in April 2018 and April 2019 who have not attained paramedic certification as of the first full pay period in April of each year. Upon attainment of paramedic certification, their pay will be increased to the entry level rate for a dual certified position and the employee will receive the step increase effective the first full pay period following attainment of the paramedic certification. D. Step moves, cost -of -living increases, general wage increases, pay scale adjustments or lump sum payments, if any, after September 30, 20196 shall be established through collective bargaining for a successor Agreemdnt. E. In the event of promotion, the employee shall move to the same step of the pay plan for the higher rank on the first day of the pay period nearest to the date of promotion. In the event the same step of the pay plan does not exist for the higher rank, the employee shall move to the lowest step of the higher rank and shall not be eligible to receive the first subsequent step increase provided in 34.02 B 34.2 C. 34.3 The County shall indemnify, exonerate, and save harmless the Union from any claims and/or judgments against the Employer and/or Union based upon the application of the FLSA 207(k) exemption. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part based upon the application ofthe FLSA 207(k) exemption. The County shall defend the said claim, action, suit, or proceeding against the County or against the Union at its own cost and without expense to the Union. 34.4 Employees who retire under regular FRS guidelines after the termination date of this agreement but prior to the ratification of a new agreement will be eligible for retroactive payments calculated in the same manner as other bargaining unit employees. 44 P122 ARTICLE 37 DURATION AND RENEWAL 37.01 This Agreement shall be in full force and effect from the date of ratification by both parties Orateber-'1, 2 to September 30, 2019 24�6. This Agreement shall continue in effect from year-to-year thereafter unless amended or terminated in the manner hereinafter provided. Either party desiring to amend or terminate this contract shall notify the other party in writing by February 1 of the year in which the contract expires. 37.02 If the parties do not reach agreement by contract expiration, the existing terms and conditions shall continue until a new Agreement is reached or the impasse is resolved. 37.03 The Employer shall not reduce the staff levels as they existed upon the signing of this agreement, with the exception that staff levels may be reduced only as a result of attrition and the Employer will not institute layoffs in the event it limits its fire fighting activities. 37.04 The Employer agrees that its operations, or any part thereof, shall not be merged, assigned or otherwise transferred without first securing the agreement of the new employer to assume the Employer's obligations under this Agreement. 45 P123 Attachment A Indian River County, Florida Emergency Services District Sixty (60) Day Notice of Drug -Free Workplace Program For Local 2201, IAFF Collective Bargaining Unit Employees The District is committed to maintain a safe, healthy, and productive work environment for its employees; to provide professional services for its citizens; to maintain the integrity and security of its equipment and workplace; and to perform all these functions in a fashion consistent with the interests and concerns of the community. The District believes that there is potential for serious consequences to your employment security, and our business, due to drug and alcohol use and/or abuse by employees, which has been shown to increase safety risks and absenteeism while decreasing productivity and quality. Pursuant to the District's philosophy and goals, it is codifying a Drug -Free Workplace Program to ensure that we will have a drug-free workplace. This program is intended to satisfy the Drug -Free Workplace Program requirements set forth in 440.102, Florida Statutes, and Rule 59A, Florida Administrative Code. It is the policy of the District that unlawful possession, use, being under the influence, consumption, sale, purchase, distribution, dispensation, or manufacture by any employee of alcohol or any illegal drugs or illegally obtained drugs in the workplace, on District premises, or within its facilities, in the conduct of District -related work off District premises, or when operating District vehicles on or off duty is strictly prohibited and will be grounds for immediate termination. Nor will the District permit any employee to report to work or to perform his or her duties while taking prescription or non-prescription medication which adversely affects the person's ability to safely and effectively perform his or her job duties. Employees are required to notify supervisors of all such medication use. It is a condition of employment to abide by the terms of this policy. In furtherance of its Drug -Free Workplace Policy, the District will institute drug and alcohol testing procedures beginning October 1, 1998. Under this testing program, special -risk and safety -sensitive candidates for employment, as well as current employees under certain limited circumstances (i.e., for cause, fitness for duty and post accident), will be subject to alcohol and drug testing. A complete copy of the District's Drug -Free Workplace Program will be provided to each employee and applicant in advance of the program's commencement date. It is the District's desire that individuals voluntarily address and resolve any drug and alcohol-related problems on a confidential basis. Should an employee realize that he or she has developed a dependence on drugs, alcohol, or any controlled substance, he or she is advised to seek rehabilitation voluntarily (without disciplinary penalty), prior to any management action. In order to provide an effective means of helping employees deal with drug/alcohol use and/or abuse, which may be interfering with their job performance, the District has an Employee Assistance -Program (EAP) provider, Health Advocate (EAP), which offers employees and their families substance abuse treatment and rehabilitation services. Information on these services is available from the District at 567-8000, extension 225 at the Director's Office, Fire Chief at 562-2028, or the EMS Chief at 567-3160. We would like to have the opportunity to answer any questions anyone might have prior to the effective date of the program. If you would like to discuss the policy (on a confidential basis), please contact the -Emergency Services Director, or his or her designee, at any time. 46 P124 We do appreciate your work on behalf of the District and ask your assistance in keeping the workplace free of alcohol and drug-related problems. 3eseph A. B Jason Brown, County* Administrator 47 P125 Indian River County Firefighter/Paramedic Association IAFF Local 2201 John O'Connor President Jason Brown, County Administrator Indian River County 180027 th Ave. Vero Beach, FL 32960 Dear Jason, Kevin Delashmutt Vice President May 11, 2017 Richard Ridge Jomie Calloway Vice President Secretary/Treasurer The International Association of Firefighters, Local 2201 conducted voting to ratify or reject a collective bargaining agreement tentatively agreed to between Indian River County and Local 2201 on behalf of the bargaining unit. This voting took place on May 9, 10, and 11, 2017. As of the last day of voting, an accounting was taken, .and the membership have ratified the agreement. On behalf of the entire executive board of Local 2201, we are thankful for the results of the .current negotiations. We look forward to working together with management in an effort to improve working conditions for all employees. Sincerely, 7 c e f,1r17IJe -1 Kevin Delashmutt, Vice President 1818 Commerce Avenue ❑ Vero Beach, Florida 32960 Phone 772-567-2201 ❑ Fax 772-778-2646 ❑ Email ircffa@gmail.com O Website www.indianriverfire.org Affiliated with the International Association of Firefighters and the Professional Firefighters of Florida ❑ AFL-CIO P126 . 1,jE DEPARTMENTAL MATTERS INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET DATE: May 9, 2017 TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Michael Smykowski, Budget Director SUBJECT: Outside Agency Funding Policy Revision and Requirement for Grant Sub - Recipient Agreements BACKGROUND The Board of County Commissioners of Indian River County ("Board") established an Outside Agency Funding Policy on February 19, 2002, which was subsequently revised on November 3, 2009. Periodically, the policy needs to be reviewed and updated, and, at this time, staff recommends that the Board revise certain aspects of the Outside Agency Funding Policy. Specific revisions required include the following: (1) amending the audit submittal deadline, (2) addressing the 4 year limitation on funding for Nonprofit agencies and total funding available, and (3) requiring grant agreements for the following agencies (Nonprofit Agencies, Quasi - Nonprofit Agencies, Tourist Development agencies) receiving funding from Indian River County. State agencies would be exempt from the grant agreement requirement. Children's Services Council agencies already complete a standard grant agreement, which will serve as the general framework for the agreements with the other agencies noted above. In addition, to fulfill the requirements of Part 200 of the Code of Federal Regulation, (Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), the external auditors recommended that Indian River County execute agreements with all federal grant sub -recipients (currently the Senior Resource Association, Inc. and the Treasure Coast Homeless Services Council). Audit Deadline Provision The existing Outside Agency Funding Policy addresses Nonprofit Agencies; Children's Services Agencies, Quasi Nonprofit Agencies, State Agencies, and Tourist Development Agencies. All agencies receiving $100,000 or more from Indian River County (through all sources, e.g. General Fund, Children's Services, Tourist Tax, etc.), with the exception of state agencies, are required to submit an annual audit within 120 days of the end of their respective fiscal years. This has proven burdensome for some agencies. For instance, the Treasure Coast Homeless Services Council receives a discounted fee for having their audit work completed in a nonpeak period. P127 DEPARTMENTAL MATTERS Their, audit has been received in September, which is beyond the 120 period outlined in the existing policy language. (See current language below). Current Language - "If an agency receives $100,000 or more from Indian River County (through all sources, e.g. General Fund, Children's Services, Tourist Tax, etc.), the agency is required to have an audit completed by an independent certified public accountant at the end of the Agency's fiscal year. Within 120 days of the end of the agency's fiscal year, the agency will submit the audit to the Indian River County Office of Management and Budget. This fiscal year will be as reported on the application for funding. Prior to any change in the fiscal period for an organization, the County shall be notified. If an Agency receives a qualified opinion from its independent auditor, this will be reported to the Board of County Commissioners and funding will cease immediately. If the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to the agency." Proposed Revision - "If an agency receives $100,000 or more from Indian River County (through all sources, e.g. General Fund, Children's Services, Tourist Tax, etc.), the agency is required to have an audit completed by an independent certified public accountant at the end of the Agency's fiscal year. Within 180 days of the end of the agency's fiscal year, the agency will submit the audit to the Indian River County Office of Management and Budget. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. This fiscal year will be as reported on the application for funding. Prior to any change in the fiscal period for an organization, the County shall be notified. If an Agency receives a qualified opinion from its independent auditor, this will be reported to the Board of County Commissioners and funding will cease immediately. If the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to the agency." Amount and Term of Funding for Nonprofit Agencies Issue (Existing Language) Another issue is the Amount and Term of Funding for Individual Nonprofit Agencies. Excerpts from the current policy read as follows: A. Total Nonprofit Funding Allocation — The total amount allocated to nonprofit agencies will be adjusted as shown below. 1. The total allocation for nonprofit agencies will be capped at $256,516, which is the amount allocated for FY2001/2002. In any year up to $256,516 may be allocated to all nonprofit agencies. P128 DEPARTMENTAL MATTERS 2. The total allocation will serve as a "ceiling" for total non-profit agency funding. Depending upon financial considerations, this amount may be reduced by the County Administrator or the Board of County Commissioners. C. Amount and Term of Funding for Individual Nonprofit Agencies 1. The County intends for nonprofit funding to enable agencies to become established. These funds could be considered "startup assistance". In time, each agency should develop its own revenue stream, separate from public funds. a. In order to implement this policy, the County will provide 'funding to an agency for a period of no more than four (4) years. b. Once an agency has received funding for four (4) years, that agency will become ineligible to receive funding from County nonprofit funds. The following table reflects Nonprofit Agency Funding included in the adopted Indian River County General Fund budget since FY2009. The Mental Health Walk -In Clinic, Harvest Food Outreach Center (now known as United Against Poverty), the 211 Palm Beach/Treasure Coast, Inc., and Senior Services have all received funding in excess of the 4 year cap outlined in the Indian River County Outside Agency Funding Policy. As such, each of these agencies would be ineligible for funding in FY2018. Non Profit Organizations Fiscal Year Mental Health Walk -In Clinic Harvest Food Outreach Center 211 Palm Beach/rreasure Coast, Inc. Cultural Council of Indian River County Senior Services (Meals For the Love of on Wheels, Adult Day Paws Care, In Home Services) Total FY2009 $0 FY2010 $0 FY2011 $36,409 $109,793 $146,202 FY2012 $27,500 $171,620 $199,120 FY2013 $26,125 $5,000 $147,647 $178,772 FY2014 $20,000 $4,000 $7,000 $131,196 $162,196 FY2015 $20,000 $4,000 $7,000 $116,159 $147,159 FY2016 $20,000 $6j0001 $10,0001 1 1 S117.2071 $153,207 FY2017 $22,5001 $10,0001 $10,0001 1 $42,500 FY2018 Request $25,000 $30,000 $10,500 1 $11,110 $123,000 $199,610 As the current funding practice has deviated from the policy language, the Outside Agency Funding Policy needs either to be amended to allow funding in excess of four years or the existing policy language needs to be applied. P129 DEPARTMENTAL MATTERS Other Counties have taken a different approach altogether and have eliminated funding for Nonprofit Agencies. One example is Collier County, which phased out contract agency funding over a two year period. This phase-out provided a two year period for the agencies to secure alternative funding to replace the county funds. Board policy discussion, as well as public input, focused on not making "charitable contributions" with taxpayer funds. In addition, discussion also focused on the difficulties in making funding decisions among multiple and worthy social service agencies. Brevard County is also proposing to phase out funding to local nonprofit agencies over a five year period. The following was excerpted from a recent Florida Today article. "Brevard County will phase out giving money to local nonprofits over the next five years. Under the current "community-based organization" grant program, the county gives $510,200, which helps pay for a total of 15 programs provided by 12 nonprofit organizations in the current budget year. Advocates for the programs said that the services they provide help reduce the potential costs to government of more costly services that otherwise would be needed; the county grants help provide the match for other grants they might receive; and they would have to reduce the reach of their programs without the county money. But at a time when the county is struggling with 'a backlog of $156.58 million in road maintenance projects, some of the county commissioners indicated at a budget workshop Tuesday that the tax dollars would be better spent elsewhere. The five-year phaseout was a compromise to a plan that would have cut the funding totally in the next budget year, which begins Oct. 1." Option 1 As noted previously, the Mental Health Walk -In Clinic, Harvest Food Outreach Center (now known as United Against Poverty), the 211 Palm Beach/Treasure Coast, Inc., and Senior Services have all received funding in excess of the 4 year cap outlined in the Indian River County Outside Agency Funding Policy. One option is to waive the 4 year funding limitation for one year and provide funding for these organizations in FY2017/18 (based on approved funding in FY2017; Senior Services would be capped at their FY2016 funding level as this amount was approved by budget amendment) and then eliminate funding for nonprofit agencies completely in FY2018/19. This would provide the agencies with one year to develop alternative funding sources to replace county. funding. No new agencies would be considered for funding from the General Fund in FY2017/18 or in future years unless they qualify for the Quasi -Nonprofit category. A new request for $11,110 in funding was submitted by For the Love of Paws for fiscal Year 2017/18. P130 DEPARTMENTAL MATTERS Proposed revision to Amount and Term of Funding for Nonprofit Agencies Issue A. Total Nonprofit Funding Allocation — The total amount allocated to nonprofit agencies will be adjusted as shown below. 1. The total allocation for nonprofit agencies will be as follows in FY2017/18: Agency Amount Mental Health Walk -In Clinic $22,500 Harvest Food Outreach Center. $10,000 211 Palm Beach/Treasure Coast, Inc. $10,000 Senior Services $117,207 Total $159,707 2. No new Agency requests for funding will be approved in FY2017/18 or thereafter. 3. No Nonprofit Agencies will be funded in FY2018/19 or thereafter. P131 I.0A 75 t71MT� 4V@Ii�T R1 Option 2 A second option is to grandfather existing nonprofit agencies receiving funding from Indian River County at their current funding levels. Nonprofit Agency funding would then be capped at this amount and no new agencies would be considered for funding going forward, unless they qualify for the Quasi -Nonprofit category. Proposed Revision to Amount and Term of Funding for Nonprofit Agencies Issue A. Total Nonprofit Funding Allocation — The total amount allocated to nonprofit agencies will be adjusted as shown below. 1. The total allocation for nonprofit agencies will be as follows in FY2017/18 as existing agencies receiving funding will be grandfathered at historical levels: Agency Amount Mental Health Walk -In Clinic $22,500 Harvest Food Outreach Center $10,000 211 Palm Beach/Treasure Coast, Inc. $10,000 Senior Services $117,207 Total $159,707 2. No new Agency requests for funding will be approved ' in FY2017/18 or thereafter. 3. Future year funding will be capped for each agency at the amounts noted in the table above. Recommendation: The existing Outside Agency Funding Policy clearly identified that funding was to be considered "startup assistance" and would be provided for a maximum term of four years. Agencies that received funding for four years would be ineligible to receive any additional funding from County Nonprofit funds. The staff recommendation (Option 1) is to waive the 4 year funding limitation for one year and provide funding for these organizations in FY2017/18 (based on approved funding in FY2017; Senior Services would be capped at their FY2016 funding level as this amount was approved by budget amendment) and then eliminate funding for nonprofit agencies completely in FY2018/19. This would provide the agencies with one year to develop alternative funding sources to replace county funding. No new agencies would be considered for funding in FY2017/18. Note: A new request for $11,110 in funding was submitted by For the Love of Paws for Fiscal Year 2017/18. P132 DEPARTMENTAL MATTERS Agreements for Sub -Recipients of Federal Grant Awards In the audit exit conference this year, the external auditor recommended that Indian River County execute agreements with all grant sub -recipients, in accordance with 2 CFR 200, Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. This will also avert a written audit finding by the external auditor for non-compliance with federal grant requirements. The definition of sub -recipient from the Federal Uniform Grant Guidance Circular is: 200.93 Subrecipient. 1. Subrecipient means a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Based on the classification of grant recipients in the Indian River County Comprehensive Annual Financial Report (CAFR), the SRA and the Treasure Coast Homeless Services Council are classified as grant sub -recipients. Characteristics which support the classification of the non - Federal entity as a subrecipient include when the non -Federal entity: (1) Determines who is eligible to receive what federal assistance; (2) Has its performance measured in relation to whether the objectives of a Federal program were met; (3) Has responsibility for programmatic decision making; (4) Is responsible for adherence to applicable Federal program requirements specified in the Federal award; and (5) In accordance with its agreement, uses the Federal funds to carry out a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of the pass-through entity. Recommendation: Staff recommends that grant sub -recipient agreements with the Senior Resource Association and the Treasure Coast Homeless Services Council be executed retroactive to October 1, 2016 for the existing year grant awards and for all future grant awards. Any future sub -recipients will also be required to complete grant sub -recipient 'agreements. A sample sub -recipient agreement is includes as Attachment C, and has been reviewed and approved by the external auditor. FUNDING Option 1 would provide FY 2017-18 Non Profit Agency funding of $159,707. This funding would be phased out completely in the FY2108-19 budget. Options 2 would grandfather Nonprofit Agency funding at $159,707 and cap future funding at this level. P133 DEPARTMENTAL MATTERS RECOMMENDATIONS Staff , requests the Board of County Commissioners approve the following staff recommendations: (1) amend the Outside Agency Funding Policy as outlined in Attachment A; (2) waive the 4 year funding limitation in FY2017-18 for one year for Nonprofit agencies and fund agencies at FY17 levels (Senior Services at FY16 level); (3) approve the elimination of funding for Nonprofit Agencies beginning in FY2018-19, (4) authorize the execution of standard grant agreements for approved FY2017-18 funding requests with the following recipients of County funds (Nonprofit Agencies, Quasi Nonprofit Agencies, Tourist Development Agencies, and Children's Service agencies; (5) require the execution of sub -recipient grant agreements retroactive to 2017 funding, and for all future grant awards. APPROVED AGENDA ITEM FOR: May 16, 2017 Attachments: Attachment 1—Amended Outside Agency Funding Policy (Option 1) Attachment 2 —Amended Outside Agency Funding Policy (Option 2) Attachment 3 — Standard Grant Agreement Attachment 4 - Sub -Recipient Grant Agreement P134 Attachment 1 (Option 1) OUTSIDE AGENCY FUNDING POLICY Purpose: 'Outside Agencies" are entities which perform a particular socioeconomic service for Indian River County. Partial support for their activities comes from County funds. This policy was developed to provide guidelines for Staff and the Board of County Commissioners in the funding of such agencies. Five types of outside agencies are addressed in the body of this policy, Nonprofit, Children's Services, Tourist Development, Quasi -nonprofit, and State agencies. Within each section Is. a discussion of how County monies are to be allocated to such agencies, how agencies should apply for County funds and each agency's fiscal responsibilities to the County'upon the receipt of such funds. Effective Date: This policy shall become effective immediately upon adoption by the Board of County Commissioners of Indian River County. Nonprofit Agencies: Indian River County provides funding to various nonprofit organizations offering social services within its boundaries. These expenditures are funded from General Fund revenues currently. This policy will cover nonprofit agency funding from all ad valorem taxing funds. A. Total Nonprofit Funding Allocation - The total amount allocated to nonprofit agencies will be adjusted each year as shown below. I. The total allocation for nonprofit agencies will be as follows in FY2017/18: agricy Amount Mental Health Walk -In Clinic S22.50 Harvest Food Opt e c e e –90-00-0 211 Palm Beach T $10.000 Senior Services117 207 Total 159 707 2. No new Nonprofit Agency requests for funding will be approved in FY2017/18 or . thereafter. 3. No Nonprofit Agencies will be funded In FY2018/19 or thereafter. 4. Any federal grant sub-recpientwill also hereauiredtocomplete asub-recipient grant agreement. i.. The total allesatlen fGFR9F1PF8fi( ageRdes will be Gapped at $266,616, whiah is the ameupA d to-all-nenpFOM ageReles. Approved 2/19/02 Coding: Words/letters underscored are additions to text•, wordsAetters in stflkethreegb format are deletions to text. Revision #1 Approved 11/3/2009 Page 1 P135 OUTSIDE AGENCY FUNDING POLICY 2. The total aileeatien will seFve as a "sei B. Nonprofit Agency Application for Funding 1. In March 2017ef-�ar, the Budget Office sends out application packets for the upcoming budget year. These packets were aFe mailed to all nonprofit agencies that received funding in the current year, requested funding for the current year, or inquired about funding any time during the last twelve months. 2. Completed application packets and all additional documentation avast-b&were submitted to the Budget Office by May 1.2017 444n order to be considered for funding in the upcoming budget. 3. The application packets can be seen in Attachment A to this document. The application Includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. Certain documentation i --was required from each agency in addition to the application packet as shown below. a. The agency's latest tax return (Form 990) b. Copy of the Letter of Determination of the agency's nonprofit status (section 501(c)(3)) from the Internal Revenue Service, Including Federal Identification Number. c. A statement of agency revenues and expenses for the most recent fiscal year. d. A balance sheet showing the assets, liabilities, and fund balances of the agency. e. Copy of the letter from the Florida Department of Agriculture & Consumer Services verifying that the agency has complied with the registration requirements of Chapter 496, Florida Statutes, the Solicitations of Contributions Act. f. If the organization has an annual review, compilation, or audit completed by an independent certified public accountant, submit a copy with the application. g. In accordance with this policy, If an agency received $100,000 or more from the County for the prior year, then the agency must have an audit completed by an Independent certified public accountant at the end of the agency's fiscal year. A copy pf this audit must be submitted to the Indian River County Office of Management and Budgetwithin 4281 BO days after the end of the agency's fiscal year. The Budget Office mayextend Approved 2/19/02 Coding: Words/letters underscored are additions to text; words/letters in strileethfou format are deletions to text. Revision #1 Approved 11/3/2009 Page 2 Formatted: Strikethmugh Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arlal, 11 pt. Formatted: Font: (Default) Arial, 11 A Not Bold Formatted: Strikethrough P136 C uafNonprof t-Agenoles Reserved. i -= - ' '' FonnatEed: Level 1, Tab stops: -1", Left ' Formatted: Level 1, No bullets or numbering _ Formatted: Strikethrough —�.. Formatted: Level 1, Indent: Left: 0", First 7 :� 2_ line: 0" Formatted: Strikethrough kv` i r. a. Any ageneffies 4ha! have reeelved nenpFefit fURding from the GeneFal Fund of Indian fo-.F the RAM4 three (3) yeaFs. AfteF that lime, these ag8nGies will beeeme Ineligible fe M Y:., Feeeiye funding. Approved 2/19/02 Coding: Words/letters underscored are additions to text; wordsAetters in etreethretrglr format are deletions to text. Revision #1 Approved 11/3/2009 Page 3 P137 OUTSIDE AGENCY FUNDING POLICY'' '=_ : ...,' � �- ,-,•`•r,�'�i',q',•:'.:E`:'�t `'ji:'j:'"!::�_,•- fir,.' by this pelley feF 0 ppevieus yeaF a past due eRd ties Fiat been submitted by May 1 .;.li�i�' ..r; ny':.,`�_•, .'lit`.-:T�-•�Yvr^w'�._fi}=1 "� 5. Indian River Countywill accept applications for funding from nonprofit agencies during this time eriodonl . If an agency submits anapplication forfundin after May 9",itvrillnot be =:�,`;:;;:.:i:;,;;.''•. C approved during the current funding cycle. This application may be considered for the next ��,•�:�,?_>,- :_, �; ;,, ;;:.;-:' ?a:�:�9t - fiscal year if requested by the agency. If any agency requests funding during the middle of;._;.=``'° ' a fiscal year, this request may only be funded in the following year through the normal=' 'M7t',:. --_=a application process.Ei 6. In September each year, the Board of County Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and Is advertised to the public prior to`g�-. the meeting.Once the budget is legally adopted, the Budget Office will notify each agency of its C uafNonprof t-Agenoles Reserved. i -= - ' '' FonnatEed: Level 1, Tab stops: -1", Left ' Formatted: Level 1, No bullets or numbering _ Formatted: Strikethrough —�.. Formatted: Level 1, Indent: Left: 0", First 7 :� 2_ line: 0" Formatted: Strikethrough kv` i r. a. Any ageneffies 4ha! have reeelved nenpFefit fURding from the GeneFal Fund of Indian fo-.F the RAM4 three (3) yeaFs. AfteF that lime, these ag8nGies will beeeme Ineligible fe M Y:., Feeeiye funding. Approved 2/19/02 Coding: Words/letters underscored are additions to text; wordsAetters in etreethretrglr format are deletions to text. Revision #1 Approved 11/3/2009 Page 3 P137 OUTSIDE AGENCY FUNDING POLICY D. Nonprofit Agency Responsibilities After Award of Funding 1. Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. 2. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. 4. Expenditures may only be reimbursed from the fiscal year forwhich funding was awarded. For example, no expenditures prior to October 1 s` may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. 5. All requests for reimbursement at fiscal yearend (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. 6. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. 7. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. 6. The County reserves the right to decline reimbursement for any expense as deemed necessary. Approved 2/19/02 Coding: Words/letters underscored are additions to text; words/letters in stdkethr-eagh format are deletions to text. Revision #I Approved 11/3/2009 Page 4 j z'05i }ii-r-�•d,=asxx-1'-'`may;... r�}''.. :��`�; -.f v�. "y"- :mow - ;;:'� �, - - _ -. �•'� P138 OUTSIDE AGENCY FUNDING POLICY If an agency receives $100,000 or more from Indian River County (through all sources, e.g. General Fund, Children's Services, Tourist Tax, etc.), the agency is required to have an audit completed by an independent certified public accountant at the end of the agency s fiscal year. Within,420 180 days of the end of the agency's fiscal year, the agency will , submit the audit to the Indian River County Office of Management & Budget. This fiscal exceed the three (3) months from the original due date. Prior to any change period for an organization, the County shall be notified. 10. If an agency receives a qualified opinion from it's independent auditor, this will be reported to the Board of Counly.Commissioners and funding will cease immediately. If the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to the agency. 4&11. Each Nonprofit Agency receiving funding in FY2017-18 will be required to execute an Indian River County grant contract. Quasi -Nonprofit Agencies: Quasi -nonprofit agencies provide services the County is mandated to provide by law, legislation, or the County's Comprehensive Plan. If these agencies did not provide such services, the County would have to provide them instead. Relationships between the County and quasi -nonprofit agencies are typically governed by contractual agreements. In addition, some quasi -nonprofit activities are funded in part by grants from state and federal governments. If a portion of this policy conflicts with such a contractual agreement or a grant requirement, then the contract or grant will supersede. A. B. Quasi-Nonproflt Agency Funding Levels If the County has entered Into a contractual agreement with a quasi -nonprofit agency, which addresses funding levels over a period of time, the contracted amounts will dictate funding. If the County receives a grant from a state, federal, or other govern mental entity, any grant requirements will dictate. A local match required for a grant will be provided as stated in an agreement. If the County provides a certain portion of a match, then allocations for the local agency will change as the required match changes. If neither a grant match is required of the County nor any agreement outlines a specified funding level, the agency's allocation will be determined in the same manneras outlined for nonprofit agencies (in Section I.C.). Quasi -Nonprofit Application for Funding Approved 2/19/02 Coding: Words/letters underscored are additions to text; words/letters in shikethfau format are deletions to text, Revision #1 Approved 11/32009 P139 OUTSIDE AGENCY FUNDING POLICY NO = 1 In early March of each year, the Budget Office sends out application packets for the fs+r 4 upcoming budget year. These packets are sent out to all quasi -nonprofit agencies that :;,......,.: =�. �`•`'':':'�'`'"'' received funding in the current year. `:'`•'•:' ,,�t����x 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 16' in order to be considered for funding in the upcoming budget. x-. `�`�_<• • ""^�=`a° 3. The application packets can be seen in Attachment A to this document. The application •,:�•='-��•�..� includes a description of the countywide purpose for the funds requested, a listing of the A. .« : Z organization's board of directors, salary information, and various financial forms.__��}y.. ''.til\:`;- 4. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing ..t.. y �: •�w`i and a Final Budget Hearin in order to legally adopt the Operating Budget for the next 9 9 e9 Y P P 9 9 fiscal Each these is hearing, is year. of a public and advertised to the public prior to the meeting.Once the budget is legally adopted, the Budget Office will not/ each agency of 9 9 Y P 9 notify 9 its allocation._ 3 ��: .: �. C. Quasi -Nonprofit Responsibilities After Award of Funding 1. In the event a contractual agreement or rant requirement addresses these issues such 9 g `%t : `' '`' fi'` .• ',`°r`' "' ' agreement or grant will govern quasi -nonprofit agency responsibilities. Otherwise, these F�}�::t�:';•i:.`�::;,.:.:.'':':;:`,`;; agencies fall under the same guidelines as nonprofit organizations in this policy. 2- '..,;;..-;.;::'::.:':; :;:`:::::::.•:<:.>:;,� r- -F 2 Each Quasi -Noor profit Agency receiving funding in FY2017-18 will be required to execute arr-='-7r-; Formatted: Indent: Left: 0.31", Hanging: Indian River County grant contract.='? 0.5", No bullets or numbering, Tab stops: 0,56", Left 77 Ill. Children's Services Agencies: Q On May 13, 1997, the Board of Commissioners adopted Ordinance No. 97-17, which created the "$ F' yV . Children's Services AdvisoryCommittee former) n (formerly own as the Children's Services Network). This ordinance provides the guidelines for funding Children's Services agencies. Some additional rules and - .;,;n;#,•�� �::� guidelines are provided by this policy relating to reimbursable expenditures for outside agencies. In the event of a conflict between this policy and the ordinance, the ordinance will supersede. The Human Services Department administers the Children's Services network, and thus sets policies for these agencies. However, the Office of B g Management& udgetreviewsallrequestsforreimbursement Proper ";=`>.:'i'-;:';��`'. �:'::�'.�``;�'.�'�•�;r�4 documentation of expenses is required as outlined in the policy for nonprofit agencies. Additionally, these expenses will be reviewed to ensure they were incurred in order to provide the program approved by the rx. `• :'.'.. '.'; :'' ' "'' Y_.,;k } Children's Services Advisory Committee and the Board of Commissioners. A. Total Children's Services Funding Allocation :x 4c :i; •'t.-!ice#:wE 1. The Children's Services ordinance enumerates a funding level for Children's Services _� r,. agencies. For the first three fiscal years, this level was set at specifigdollar amounts. For fiscal years 1998/99,1999/2000, and 2000/01 these'amounts were $300,000, $500,000, and $750,000, respectively. For fiscal year 2001/2002 and future years, this amount will be determined based on an upper limit of 0.125 mills. However, a cap of $900,000 has been placed on the Children's Services Advisory Committee until the needs assessment and Approved 2/19/02 n Coding: Words/letters underscored are additions to text; words/letters in atFileethreugh format are deletions to text• Revision #1 Approved 11/3/2009 ~" k Page 6 P140 OUTSIDE AGENCY FUNDING POLICY asset mapping has been completed. B. Children's Services Agencies Responsibilities After Award of Funding 1. Children's Services agencies will have the same responsibilities after receiving funding as outlined in the policy for nonprofit agencies. IV. State Agencies: State agencies provide various services within Indian River County in accordance with Florida Statutes. These agencies include the State Attorney, Public Defender, State Forestry Service, Health Department, and others. Florida Statutes govern the relationship between the County and these organizations Inmost cases. Indian River County has contractual relationships with others, in accordance with F orida the Statutes as well (e.g., State Health Department). Whenever a contractual agreement or Florida Statutes do not establish such regulations, the policy for nonprofit organizations will be followed. A. State Agency Application for Funding 1. In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all state agencies that received funding in the current year. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May V" for the upcoming budget. 3. The application packets can be seen in Attachment B to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. After a thorough review, the County Administrator presents the recommended budget to the Board of County Commissioners in early July of each year. This proposed budget, which includes funding requests and recommended funding levels for all state agencies is formally reviewed by the Commissioners at public workshops, also held in July. Each agency will be notified in advance of the date of these workshops. Agencies are encouraged to attend these workshops, as discussion may arise that may be relevant to such agencies. 5. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. B. State Agency Funding Levels Any Florida Statutes or agreements with State Agencies that address funding levels will govern this area. In the absence of governing statutes or agreements, the County Administrator will determine a recommended funding level for each State Agency. Increases in allocation Approved 2/19/02 Coding: Wordslletters underscored are additions to text; words/letters in shikethreeformat are deletions to text. Revision #1 Approved 11/3/2009 Page 7 I P141 OUTSIDE AGENCY FUNDING POLICY may be on the same basis as provided for nonprofit agencies or on another basis. V. Tourist Development Agencies In 1987, Indian River County began levying the Tourist Development Tax in accordance with Section 125.0104, Florida Statutes. Out of the four (4) cents of tourist tax levied within the County, 1-1/2 cents is awarded to agencies that promote and advertise tourism in Indian River County nationally and internationally. This policy provides guidelines for funding agencies with Tourist Development Tax. Florida Statutes provide certain requirements for the use of these taxes. This document outlines other policies not addressed in the Statutes (Section 125.0104). In the event of a conflict between the Florida Statutes and this policy, the Florida Statutes will govem. A. Tourist Development Agency Application for Funding 1. In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all tourist development agencies that received funding In the current year, requested funding forthe current year, orInquired about funding any time during the last twelve months. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 1" in order to be considered for funding In the upcoming budget. 3. The application packets can be seen in Attachments A and C to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. Certain documentation is required from each agency in addition to the application packet as shown below. a. The agency's latest tax return (Form 990) b. Copy of the Letter of Determination of the agency's nonprofit status (section 501(c)(3) including Federal Identification Number. C. A statement of agency revenues and expenses for the most recent fiscal year. d. A balance sheet showing the assets, liabilities, and fund balances of the agency. e. Copy of the letter from the State of Florida verifying that the agency has complied with the registration requirements of Chapter496, Florida Statutes, the Solicitations of Contributions Act. f. If the organization has an annual review, compilation, or audit completed by an Independent certified public accountant, a copy must be submitted with the application. g. In accordance with this policy, if an agency received $100,000 or more from the Approved 2/19/02 Coding; Words/letters underscored are additions to text; words/letters in stiiket#reuformat are deletions to text. Revision #1 Approved 11/3/2009 Page 8 P142 OUTSIDE AGENCY FUNDING POLICY County for the prior year, then the agency must have an audit completed by an independent certified public accountant at the end of the fiscal yearforthe agency. A copy of this audit must be submitted to the Indian River County Office of Management and Budget within,428 J10 days after the end of the agency's fiscal year. The Budget Office may extend the 180 day audit submittal requirement, based upon a written request iustifying the extension and if deemed to be in the best interest of the Courtly. The extension will typically not exceed the three (3) monthsfrom the original due date. yeef is past due and Been submitted hN % h - 4ey I - then any applieatien fe During a public meeting (typically scheduled in May), the Tourist Development Council (TDC) will review all applications for funding. At that meeting, the TDC will vote on and approve a recommended level of funding for each agency. The aggregate amount of funding approved for all agencies will equal total revenues for the Tourist Development Fund (Fund 119) as projected by the Office of Management & Budget. Subsequent to the TDC meeting, the Office of Management& Budgetwill present the TDC recommendation to the Board of Commissioners for approval. The approved funding recommendations will be incorporated into the County Administrator's recommended budget for the next fiscal year. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget,is legally adopted, the Budget Office will then notify each agency of its allocation. B. Tourist Development Agency Funding Levels 1. The aggregate amount of funding available for Tourist Development agencies is determined directly by the amount of Tourist Tax for a given fiscal year. 1-1/2 cents out of the total 4 cents of Tourist Development Tax levied in Indian River County is allocated to these agencies each year. 2. The Office of Management & Budget will develop revenue projections for the Tourist Development Fund for next fiscal year, prior to the TDC meeting in May. This revenue estimate will set the maximum allocation for all agencies. 3. Allocations for individual agencies will be recommended by the TDC to the Board of Commissioners. Decisions to fund new agencies, to discontinue funding to current agencies, and to change allocations to current agencies will be at the discretion of the TDC and finally, the Board of Commissioners. 4. In order to receive funding, an agency must promote, enhance, or attract tourism in Indian River County. 5. Indian River County currently has an agreementwith the Indian River County/ Vero Beach Chamber of Commerce designating the Chamber as the County's tourist development Approved V19/02 Coding: Words/lencrs underscored are additions to text; words/letters in ehikethreugh format are deletions to text. Revision #1 Approved 11/3/2009 Page 9 P143 OUTSIDE AGENCY FUNDING POLICY agency. This agreement will be followed in all aspects of the policy for funding tourist development agencies. The Tourist Development Council has adopted a policy of rating more highly, funding applications for agencies that more directly promote tourism. Also, the TDC will discourage the use of tourist tax monies on salaries. This is in an attempt to direct tourist tax dollars to agencies that "put heads on beds". C. Tourist Development Agency Responsibilities After Award of Funding 1. Indian River County provides funding to tourist development agencies on a reimbursement basis.. 2. All reimbursable expenses must be documented by an Invoice and/or a.copy of canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis; funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. 4. Only expenditures during the fiscal year for which funding was awarded may be reimbursed. For example, no expenditures prior to October 18t maybe reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried overto the next year unless expressly authorized by the Board of Commissioners. 6. All requests for reimbursement at fiscal yearend (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letterto all tourist development agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. 6. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. 7. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, perdiem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. Approved 2/19/02 Coding: Words/letters underscored are additions to text; words/letters in s9gEetltfa format are deletions to -text. Revision #1 Approved 11/3/2009 Page 10 P144 OUTSIDE AGENCY FUNDING POLICY C. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. 8. The County reserves the right to decline reimbursement for any expense as deemed necessary. 9. If an agency receives $100,000 or more from Indian RiverCounty (through all sources, e.g.�n General Fund, Children's Services, -� ' ?r �`� Tourist Tax, etc.), the agency Is required to have an a4i�"�,��'�' •4�Y audit completed by an Independent certified public accountant at the end of the agency's .....g� �_¢,_�.•�,.�-� r�^^___<.� fiscal year. Within,420 180 days of the end of.the agency's fiscal year, the agency will :`z Formatted: shlkethrough submit the audit to the Indian River County Office of Management & Budget. The Budgetr� w„ L - extension will typically not exceed the three (3) months from the original due date. This fiscal year will be as reported on the application for funding. Prior to any change In the fiscal period for an organization, the County shall be notified. 10. If an agency receives a qualified opinion from it's Independent auditor, this will be reported to the Board of Commissioners and funding will cease immediately. if the -Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to the agency. Approved 2/19/02 Coding: Words/letters underscored are additions to text; words/letters in striketl3reagtr format are deletions to text. Revision #1 Approved 11/3/2009 Page 11 Formatted: Indent: Hanolna: 031° 11 P145 Attachment 2 (Option 2) OUTSIDE AGENCY FUNDING POLICY Purpose: 'Outside Agencies"are entities which perform a particular socioeconomic service for Indian River County. Partial support for their activities comes from County funds. This policy was developed to provide guidelines for Staff and the Board of County Commissioners in the funding of such agencies. Five types of outside agencies are addressed in the body of this policy, Nonprofit, Children's Services, Tourist Development, Quasi -nonprofit, and State agencies. Within each section is a discussion of how County monies are to be allocated to such agencies, how agencies should apply for County funds and each agency's fiscal responsibilities to the County upon the receipt of such funds. Effective Date: This policy shall become effective immediately upon adoption by the Board of County Commissioners of Indian River County. Nonprofit Agencies: Indian River County provides funding to various nonprofit organizations offering social services within its boundaries. These expenditures are funded from General Fund revenues currently. This policy will cover nonprofit agency funding from all ad valorem taxing funds. A. Total Nonprofit Funding Allocation - The total amount allocated to nonprofit agencies will be adjusted each year as shown below.. 1. The total allocation for nanorofitaaencleswillbeasfollows InFY2017/18 as existing agencies receiving funding will be grandfathered at historical levels: Agency Amount Mental Health Walk -In Clinic S22,500 Harvest Food OutreaCh Center10 000 211 Palm Fleach/TreasureCoast, Inc.30 00o 5enior ry s U17,207 Tto 159 707 2. No new Agency requests for funding will be approved In FY2017/19 or thereafter. 3. Future year funding will be canned for each agency at the amounts noted In the table above. 4 Any federal grant sub-reciplent will also be required to complete a suh-reciplent grant agreement. 1. The4otalallocabon-for-nonWefitagenslesw0lb Approved 2/19/02 Coding. Words/letters underscored are additions to text; words/letters in atf&eIbmu format are deletions to text. Revision #1 Approved 11/3/2009 Page I P146 OUTSIDE AGENCY FUNDING POLICY erter+r B. Nonprofit Agency Application for Funding 1. In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are mailed to all nonprofit agencies that received funding in the current year, requested funding for the current year, or inquired about funding any time during the last twelve months. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May 1°t in order to be considered for funding in the upcoming budget. 3. The application packets can be seen in Attachment A to this document. The application Includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. Certain documentation is required from each agency In addition to the application packet as shown below. a. The agency's latest tax return (Form 990) b. Copy of the Letterof Determination of the agency's nonprofit status (section 501(c)(3)) from the Internal Revenue Service, including Federal Identification Number. c. A statement of agency revenues and expenses for the most recent fiscal year. d. A balance sheet showing the assets, liabilities, and fund balances of the agency. e. Copy of the letter from the Florida Department of Agriculture & Consumer Services verifying that the agency has complied with the registration requirements of Chapter 496, Florida Statutes, the Solicitations of Contributions Act. f. If the organization has an annual review, compilation, or audit completed by an Independent certified public accountant, submit a copy with the application. g. In accordance with this policy, if an agency received $100,000 ormore from the County for the prior year, then the agency must have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. A copy of this audit must be submitted to the Indian River County Office of Management and Budgetwithin ,48180 days after the end of the agency's fiscal year. The Budget Office mavlextend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be In the best interest of the Countv. The extension will typically not exceed the three (3) months from the original due date. jf aR audit Approved 2/19/02 Coding: Words/letters underscored are additions to text; words/letters in sWEethreugh format are deletions to text. Revision #1 Approved 11/3/2009 Page 2 P147 OUTSIDE AGENCY FUNDING POLICY by this polisy feF 8 pFeyleus yBaF IS past due and has Re! been submitted by May liat. 5. Indian River County will accept applications for funding from nonprofit agencies during this time period only. If an agency submits an application for funding after May 9r, it will not be approved during the current funding cycle. This application maybe considered for the next fiscal year If requested by the agency. If any agency requests funding during the middle of a fiscal year, this request may only be funded in the following year through the normal application process. 6. In September each year, the Board of Coun Commissioners holds a Preliminary Budget. Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and Is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notifyeach agency of its allocation. C Reserved. Gould be GonsideFed itup-assistance". in time, , sepafate lrempublie funds. a. Approved 2/19/02 Coding: Words/letters underscored are additions to text; words/letters in slrikethfough format are deletions to text. Revision #1 Approved 11/3/2009 Page 3 Formatted: Levet 1, Tab stops: -1", Left Formatted: Level 1, No bullets or numbering Formatted: Strikedwough Formatted: Strtkethrough P148 :fjSaivi`. ,v�a��c ���'_� .•ms's•';' .iii:' . r.. ���"�•,r�ht' -`•,.F�`f%}=s�^ .':i: '?4.x~1+7 dt 4 :Z P148 OUTSIDE AGENCY FUNDING POLICY D. Nonprofit Agency Responsibilities After Award of Funding 1. Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. 2. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued imfnediately. Additionally, this may adversely affect future funding requests. 4. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1 �t may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners, 5. All requests for reimbursement at fiscal year end (September 30) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests forthe fiscal year. This deadline is typically.eariy to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. 6. Each reimbursement request must Include a summary of expenses by type. These summaries should be broken down into salaries, benefits,supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for.this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. 7. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary. Approved 2119/02 Coding: Words/letters underscored are additions to text; words/letters in aft*ethfengk format are deletions to text. Revision #1 Approved 11/3/2009 Page 4 P149 OUTSIDE AGENCY FUNDING POLICY 9. If an agency receives $100,000 or more from Indian River County (through all sources, e.g. General Fund, Children's Services, Tourist Tax, etc.), the agency is required to have an audit completed by an independent certified public accountant at the end of the agency's fiscal year. Within,440 180 days of the end of the agency's fiscal year, the agency will f Pormanw. submit the audit to the Indian River County Office of Management & Budget. This fiscal year will be as reported on the application for funding. The Budget Office may extend the 10. If an agency receives a qualified opinion from Its independent auditor, this will be reported to the Board of Countv Commissioners and funding will cease immediately. If the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to the agency. 44.11. Each Nonprofit Agency receiving funding in FY2017-18 will be required to execute an Indian River County grant contract. Quasi -Nonprofit Agencies: Quasi -nonprofit agencies provide services the County is mandated to provide by law, legislation, or the County's Comprehensive Plan. If these agencies did not provide such services, the County would have to provide them instead. Relationships between the County and quasl-nonprofit agencies are typically governed by contractual agreements. In addition, some quasi -nonprofit activities are funded in part by grants from state and federal governments. If a portion of this policy conflicts with such a contractual agreement or a grant requirement, then the contract or grant will supersede. A. B. Quasi -Nonprofit Agency Funding Levels 2. 3. If the County has entered into a contractual agreement with a quasi -nonprofit agency, which addresses funding levels over a period of time, the contracted amounts will dictate funding. If the County receives a grant from a state, federal, or other governmental entity, any grant requirements will dictate. A local match required for a grant will be provided as stated in an agreement. If the County provides a certain portion of a match, then allocations for the local agency will change as the required match changes. If neither a grant match is required of the County nor any agreement outlines a specified funding level, the agency's allocation will be determined in the same manner as outlined for nonprofit agencies (in Section I.C.). Quasi -Nonprofit Appilcation for Funding Approved 2/19/02 Coding: Wordsfletters underscored are additions to text; words/letters in siriketkreegh format are deletions to text. Revision #1 Approved 11/3/2009 P150 OUTSIDE AGENCY FUNDING POLICY 1. In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all quasi -nonprofit agencies that received funding in the current year. 2. . Completed application packets and all additional documentation must be submitted to the Budget Office by May 9' in order to be considered for funding in the upcoming budget. 3. The application packets can be seen in Attachment A to this document. The application Includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. C. Quasi -Nonprofit Responsibilities After Award of Funding In the event a contractual agreement or grant requirement addresses these issues, such agreement or grant will govern quasi -nonprofit agency responsibilities. Otherwise, these agencies fall under the same guidelines as nonprofit organizations in this policy. 2. Each Quasi -Nonprofit Agency receiving funding in FY2017-18 will be reauired to execute an -- Indian River County grant contract. 111. Children's Services Agencies: On May 13, 1997, the Board of Commissioners adopted Ordinance No. 97-17, which created the Children's Services Advisory Committee (formerly known as the Children's Services Network). This ordinance provides the guidelines for funding Children's Services agencies. Some additional rules and guidelines are provided by this policy relating to reimbursable expenditures for outside agencies. In the event of a conflict between this policy and the ordinance, the ordinance will supersede. The Human Services Department administers the Children's Services network, and thus sets policies for these agencies. However, the Office of Management & Budget reviews all requests for reimbursement. Proper documentation of expenses is required as outlined in the policy for nonprofit agencies. Additionally, these expenses will be reviewed to ensure theywere incurred In order to provide the program approved by the Children's Services Advisory Committee and the Board of Commissioners. A. Total Children's Services Funding Allocation The Children's Services ordinance enumerates a funding level for Children's Services agencies. For the first three fiscal years, this level was set at specific dollar amounts. For fiscal years 1998/99,1999/2000, and 2000/01 these amounts were $300,000, $500,000, and $750,000, respectively. For fiscal year 2001/2002 and future years, this amount will be determined based on an upper limit of 0.125 mills. However, a cap of $900,000 has been placed on the Children's Services Advisory Committee until the needs assessment and Approved 2/19/02 Coding: Words/letters underscored are additions to text; words/letters in stmlethreetformat are deletions to text. Revision #1 Approved 11/3/2009 Page 6 P151 OUTSIDE AGENCY FUNDING POLICY asset mapping has been completed. B. Children's Services Agencies Responsibilities After Award of Funding Children's Services agencies will have the same responsibilities after receiving funding as outlined in the policy for nonprofit agencies. IV. State Agencies: State agencies provide various services within Indian River County in accordance with Florida Statutes. These agencies include the State Attorney, Public Defender, State Forestry Service, Health Department, and others. Florida Statutes govern the relationship between the County and these organizations inmost cases. Indian River County has contractual relationships with others, in accordance with qda the Statutes as well (e.g., State Health Department). Whenever a contractual agreement or Florida Statutes do not establish such regulations, the policy for nonprofit organizations will be followed. A. State Agency Application for Funding 1. In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all state agencies that received funding in the current year. 2. Completed application packets and all additional documentation must be submitted to the Budget Office by May f" for the upcoming budget. 3. The application packets can be seen In Attachment B to this document. The application Includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial fors. 4. After a thorough review, the County Administrator presents the recommended budget to the Board of County Commissioners in early July of each year. This proposed. budget, which Includes funding requests and recommended funding levels for all state agencies is formally reviewed by the Commissioners at public workshops, also held in July. Each agency will be notified in advance of the date of these workshops. Agencies are encouraged to attend these workshops, as discussion may arise that may be relevant to such agencies. 5. . In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these Is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will notify each agency of its allocation. B. State Agency Funding Levels Any. Florida Statutes or agreements with State Agencies that address funding levels will govern this area. In the absence of governing statutes or agreements, the County Administrator will determine a recommended funding level for each State Agency. Increases in allocation Approved 2/19/02 Coding: Words/letters underscored are additions to text; words/letters in etrfkethrettg§ format are deletions to text Revision #1 Approved 11/3/2009 Page 7 P152 OUTSIDE AGENCY FUNDING POLICY may be on the same basis as provided for nonprofit agencies or on another basis. V. Tourist Development Agencies In 1987, Indian River County began levying the Tourist Development Tax in accordance with Section 125.0104, Florida Statutes. Out of the four (4) cents of tourist tax levied within the County, 1-1/2 cents is awarded to agencies that promote and advertise tourism in Indian River County nationally and intemationally. This policy provides guidelines for funding agencies with Tourist Development Tax. Florida Statutes provide certain requirements for the use of these taxes. This document outlines other policies not addressed in the Statutes (Section 125.0104). In the event of a conflict between the Florida Statutes and this policy, the Florida Statutes will govern. A. Tourist Development Agency Application for Funding 1. In early March of each year, the Budget Office sends out application packets for the upcoming budget year. These packets are sent out to all tourist development agencies that received funding in the current year, requested funding for the current year, or inquired about funding any time during the last twelve months. 2. Completed. application packets and all additional documentation must be submitted to the Budget Office by May Vo In order to be considered for funding in the upcoming budget. 3. The application packets can be seen in Attachments A and C to this document. The application includes a description of the countywide purpose for the funds requested, a listing of the organization's board of directors, salary information, and various financial forms. 4. Certain documentation is required from each agency in addition to the application packet as shown below. a. The agency'3 latest tax return (Form 990) b. Copy of the Letter of Determination of the agency's nonprofit status (section 501(c)(3) Including Federal Identification Number. C. A statement of agency revenues and expenses for the most recent fiscal year. d. A balance sheet showing the assets, liabilities, and fund balances of the agency. e. Copy of the letter from the State of Florida verifying that the agency has complied with the registration requirements of Chapter496, Florida Statutes, the Solicitations of Contributions Act. f. If the organization has an annual review, compilation, or audit completed by an Independent certified public accountant, a copy must be submitted with the application. g. In accordance with this policy, If an agency received $100,000 or more from the Approved 2/19/02 Coding: Words/Ictters underscored are additions to text; words/letters in siMeethreugh format arc deletions to text. Revision #I Approved 11/3/2009 Page 8 P153 OUTSIDE AGENCY FUNDING POLICY County for the prior year, then the agency must have an audit completed by an Independent certified public accountant at the end of the fiscal year forthe agency. A copy of this audit must be submitted to the Indian River County Office of Management and Budget within,420 Z80 days after the end of the agency's fiscal year. The Budget Office may extend the 180 day audit submittal requirement. based upon a written request lustifvino the extension and If deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original date. yeaF 59 past due and has net been submitted by May V% then any appliewlen fe fUAdIAg W the next yeaF W411 be During a public meeting (typically scheduled in May), the Tourist Development Council (TDC) will review all applications for funding. At that meeting; the TDC will vote on and approve a recommended level of funding for each agency. The aggregate amount of funding approved for all agencies will equal total revenues for the Tourist Development Fund (Fund 119) as projected by the Office of Management & Budget. Subsequent to the TDC meeting, the Office of Management & Budgetwill presentthe TDC recommendation to the Board of Commissioners for approval. The approved funding recommendations will be incorporated into the County Administrator's recommended budget for the next fiscal year. In September each year, the Board of Commissioners holds a Preliminary Budget Hearing and a Final Budget Hearing in order to legally adopt the Operating Budget for the next fiscal year. Each of these is a public hearing, and is advertised to the public prior to the meeting. Once the budget is legally adopted, the Budget Office will then notify each agency of its allocation. B. Tourist Development Agency Funding Levels 1. The aggregate amount of funding available for Tourist Development agencies is determined directly by the amount of Tourist Tax for a given fiscal year. 1-1/2 cents out of the total 4 cents of Tourist Development Tax levied in Indian River County is allocated to these agencies each year. 2. The Office of Management & Budget will develop revenue projections for the Tourist Development Fund for next fiscal year, prior to the TDC meeting in May. This revenue estimate will set the maximum allocation for all agencies. 3. Allocations for individual agencies will be recommended by the TDC to the Board of Commissioners. Decisions to fund new agencies, to discontinue funding to current agencies, and to change allocations to current agencies will be at the discretion of the TDC and finally, the Board of Commissioners. 4. In order to receive funding, an agency must promote, enhance, or attract tourism in Indian River County. 5. Indian River County currently has an agreement with the Indian River County/ Vero Beach Chamber of Commerce designating the Chamber as the County's tourist development Approved 2/19/02 Coding: Words/letters underscored are additions to text; words/letters in atEethfedgh format are deletions to text. Revision #1 Approved l 1/3!2009 Page 9 P154 OUTSIDE AGENCY FUNDING POLICY 771 agency. This agreement will be followed in all aspects of the policy for funding tourist development agencies. The Tourist Development Council has adopted a policy of rating more highly, funding applications for agencies that more directly promote tourism. Also, the TDC will discourage the use of tourist tax monies on salaries. This is in an attempt to direct tourist tax dollars to agencies that "put heads on beds". C. Tourist Development Agency Responsibilities After Award of Funding 1. Indian River County provides funding to tourist development agencies on a reimbursement basis. 2. All reimbursable expenses must be documented by an Invoice and/or a copy of canceled check. Any expense not documented, properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation; this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. 4. Only expenditures during the fiscal year for which funding was awarded may be reimbursed. For example, no expenditures prior to October 18t maybe reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. 5. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all tourist development agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. 6. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down Into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. 7. ' Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, perdiem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. Approved 2/19/02 Coding: Words/letters underscored are additions to text; wordshetters in striketlueugH format are deletions to text. Revision #1 Approved 11/3/2009 Page 10 P155 OUTSIDE AGENCY FUNDING POLICY C. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined In the agency's funding application. 8. The County reserves the right to decline reimbursement for any expense as deemed necessary. 9. If an agency receives $100,000 or more from Indian RlverCounty,(through all sources, e.g. General Fund, Children's Services, Tourist Tax, etc.), the agency is required to have an�_ audit completed by an independent certified public accountant at the end of the agency'sa fiscal year. Within,420 180 days of the end of the agency s fiscal the agency will year, submit the audit to the Indian River County Office of Management & Budget. The Budget _ Formatted: �?ti extension will typically not exceed the three (3) months from the original due date This fiscal year will be as reported on the application for funding. Prior to any change in the fiscal period for an organization, the County shall be notified. 10. If an agency receives a qualified opinion from ft's independent auditor, this will be reported to the Board of Commissioners and funding will cease Immediately. If the Budget Office has any questions regarding a part of the financial statements, audit comments, or notes, a letter requesting clarification may be sent to the agency. Formatted: Indent: Hanging: 0.31" P156 Approved 2/19/02 Coding: Words/letters underscored are additions to text; words/letters in stdketkeu format are deletions to text. Revision #1 Approved 11/3/2009 Page 11 = ==r P156 Attachment 3 (Standard Grant Agreement) Indian River County Grant Contract This Grant Contract ("Contract') entered into effective this 1st day of October 2017 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and (Recipient), of: (Address) For (Name of Program) Background Recitals A. The County has determined that it is in the public interest to B. The Recipient, by submitting'a proposal to the County, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. C. The County has agreed to provide such Grant funds to the Recipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Recipient attached hereto as Exhibit "A" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Term The Recipient acknowledges and agrees that the Grant is limited to the fiscal year 2017118 ("Grant Period"). The Grant Period commences on October 1, 2017 and ends on September 30, 2018. 4. Grant Funds and Payment The approved Grant for the Grant Period is ($ . The County agrees to reimburse the Recipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. - Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 5. Additional Obligations of Recipient. 5.1 Records, The Recipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Recipient shall maintain adequate records fully - EXHIBIT B - P157 to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period, The County shall have access to all books, records, and documents as required in this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 5.2 Compliance with Laws. The Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations. 5.3 Audit Requirements. If Recipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Recipient is required to have an audit completed by an independent certified public accountant at the end of the Recipient's fiscal year. Within 180 days of the end of the Recipient's fiscal year, the Recipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Recipient agrees to notify the County prior to any change in the fiscal period of Recipient. The Recipient acknowledges that the County may deny funding to any Recipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted by May 1. 5.3.1 The Recipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to.any other right of the County to terminate this Contract. 5.3.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Recipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 5.4 Insurance Requirements. Recipient shall, no later than October 1, 2017, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 5.5 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, - EXHIBIT B - P158 and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Recipient agrees that it is the Recipient's sole responsibility to coordinate activities among itself, the County, and the Recipient's insurer(s) so that the insurance certificates are acceptable to- and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Recipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Recipient's place of business, of any and all insurance policies that are required in this Contract. If the Recipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 5.6 Indemnification. The Recipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Recipient, its agents, officers, or employees in connection with the performance of this Contract. 5.7 Public Records. The Recipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Recipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Recipient upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Recipient to comply with these requirements shall be a material breach of this Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS -RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS -AT: (772)226-1424. PUBLICRECORDSR-IRCGOV.COM - EXHIBIT B - P159 Indian River County of the County Attorney 180127 th Street Vero Beach, FL 32960 6. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Recipient if the County determines that such termination is in the public interest. 7. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference. 9. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Joseph E. Flescher, Chairman Attest: Jeffrey R Smith, Clerk of Courts & Comptroller By: Deputy Clerk Approved: Jason Brown, County Administrator RECIPIENT: By: Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Agency Name: - EXHIBIT B - P160 [Copy of proposal cover page] EXHIBIT A EXHIBIT B - EXHIBIT B - P161 [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly falls to ' provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1St may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down Into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed. below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." - EXHIBIT B - P162 EXHIBIT C STANDARD TERMS FOR GRANT CONTRACT 1. Notices: Any notice, request, demand, consent, approval or other communication required or permitted by this Contract shall be given or made in writing, by any of the following methods: facsimile transmission; hand delivery to the other party; delivery by commercial overnight courier service; or mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Recipient: 2. Venue: Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 3. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 4. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 5. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 6. Independent Contractor. The Recipient is and shall be an independent contractor for all, purposes under this Contract. The Recipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Recipient's sole direction, supervision, and control. 7. Assignment, This Contract may not be assigned by the Recipient without the prior written consent of the County. - EXHIBIT C - P163 Attachment 4 (Sub -Recipient Grant Agreement) Indian River County Grant Contrast Subrecipient Award This Grant Contract ("Contract") entered into effective this 1st day of October 2017 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and ("Subrecipient"), (Address), (Unique Entity Identifier) for (Name of Subrecipient's Program) Background Recitals A. The County received a Identification) ("Award") from the (date), the Award Date. B. The Award is for _ (Federal and/or State Award (Federal and/or State agency) on (Project Description - provide enough information to give the public a good idea of the purpose and intended outcomes of the subaward). C. The Federal Award Identification Number ("FAIN") for the Award, if applicable, is (FAIN). D. The Catalog of Federal Domestic Assistance ("CFDA") Number for the Award, if applicable, is (CFDA). The Catalog of State Financial Assistance ("CSFA") Number is The total dollar amount made available under the Award is $ E. The indirect cost rate for the Award, including if the de minimis rate is charge, per federal regulations is F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. . G. The County has -agreed to provide such Grant funds to the Subrecipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient attached hereto as Exhibit "A" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Research and Development The award under this Contract is for/not for (Choose one) research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving - EXHIBIT B - P164 the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. 4. Term The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) 2017/ ("Grant Period"). The Grant Period and performance start date commences on October 1, 2017 and ends on September 30, 20 . 5. Grant Funds and Payment The approved Grant for the Grant Period is ($ ). The amount of federal funds obligated under this Contract by the County to the Subrecipient is ($ ). The total amount of the Award committed to the Subrecipient by the County is fl 1. The total amount of federal funds obligated to the Subrecipient by the County, including the current obligation is ($ ). The County agrees to reimburse the Subrecipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein.by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs Subrecipient is permitted to charge an indirect cost rate of % to the federal award. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs) 7. Additional Obligations of Subrecipieht. 7.1 Records. The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws. The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. 7.3 Quarterly Performance Reports. The Subrecipient shall submit quarterly, cumulative, Performance Reports to the Department of the County within fifteen (15) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 7.4 Audit Requirements. If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required - EXHIBIT B - P165 to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change In the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted by May 1. 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Requirements. Subrecipient shall, no later than October 1, 2017, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, Including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior - EXHIBIT B - P166 written request from the County, deliver copies to the County, or make copies available for the County's inspection at Subrecipient's place of business, of any and all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails In any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 7.7 Indemnification. The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, fosses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.8 Public Records. The Subrecipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) -Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient 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 County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772)226-1424 PU BLICRECORDSCa-I RCGOV.COM Indian River County of the County Attorney 180127 th Street Vero Beach, FL 32960 8. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may - EXHIBIT B - P167 terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 9. Notice and Contact Information - Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: County: Indian River County 1801 27th Street Building A Vero Beach, FL 32960 Subrecipient: (Position) (Position) (Street Address) (City, State, Zip Code) 10. Availability. of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference. 12. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Joseph E. Flescher, Chairman Attest: Jeffrey R Smith, Clerk of Courts & Comptroller By: Deputy Clerk Approved: Jason Brown, County Administrator SUBRECIPIENT: In Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Agency Name: - EXHIBIT B - P168 [Copy of proposal cover page} EXHIBIT A - EXHIBIT B - P169 EXHIBIT B [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002) "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 18t may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies; these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." - EXHIBIT B - P170 EXHIBIT C STANDARD TERMS FOR GRANT CONTRACT 1. Venue: Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 2. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration In the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor. The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment. This Contract may not be assigned by the Subrecipient without the prior written consent of the County. - EXHIBIT C - P171 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES IQ61 Date: May 10, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: North Sebastian Septic to Sewer (S2S) Phase 1- Bid Status of Bid No. 2017-046 DESCRIPTIONS AND CONDITIONS: - On December 20, 2016, the Indian River County Board of County Commissioners (BCC) approved the following: 1. Approve the County's Funding Mechanism -to allocate the necessary dollars to reduce the construction and connection costs as much as possible for property owners: (a) Construction Cost Funding (Utility Assessment Fund 473 at 20%, Optional Sales Tax Contribution at 20%, and Property Owner Assessment at 27%); and (b) Impact Fee Funding with the Optional Sales Tax Contribution of 100%, with a 5 -year sliding benefit for existing septic and not to apply to new construction; 2. Begin implementation of a Phase 1 Septic to Sewer Assessment Project for the construction costs for all properties, both inside the City of Sebastian and unincorporated County by: (a) Directing staff to follow assessment procedures for notifying benefitting property owners, preparation of assessment roll, and the necessary resolutions, and (b) Holding necessary public meetings for property owners and interested parties; 3. Approve the special 2% APR interest rate for the Commercial Phase 1 S2S project area; 4. Direct staff to finalize the bid package and go out for competitive bids; 5. Formalize a connection policy for existing structures within the North County Phase 1 S2S area, with a 5 - year timeline for mandatory hook-up; and 6. Direct staff to conduct an updated rate study to include looking at recouping any cost of the construction and the future removal and replacement (R&R) costs. Staff moved forward with item No. 4 and advertised the North Sebastian Septic to Sewer Phase I on March 9, 2017. The bids were opened April 12, 2017. The purpose of the subject agenda is to outline possible financing options with actual construction prices that will enable benefitting property owners to connect to a central sewer system in a way that encourages maximum participation. P172 ANALYSIS/ENGINEERING: REPLACEMENT PAGE MAY 16, 2017 AGENDA ITEM 12.G.1. PAGE 173 Masteller and Moler, Inc., (M&M) evaluated four (4) alternatives in the sewer feasibility study for the north Sebastian area. The study recommended the gravity collection alternative as the preferred method for a centralized sewer system in this area. Due to the complexity of the project along US Hwy 1, the technical specifications offered two methods of construction. The first method would be the standard open cut method and the second would be a trenchless method. A non -mandatory pre-bid meeting was held March 22, 2017, at the City of Sebastian Community Centre located on Central Avenue adjacent to the subject project area. Five (5) prospective bidders attended the pre-bid meeting and a site visit of the project area. Although there were twenty one (21) plan holders, only three (3) submitted bids. The bid tabulation of the three bidders, after corrections, are as follows: Bidder Total Price Timothy Rose Contracting, Inc. $2,977,931.58 Blue Goose Construction $3,051482.70* Non-responsive' Pipeline Utilities $3,253,545.35* *Original unit price on line item 60 was revised to comply with Bid Specitication Section 01025 Blue Goose failed to submit a signed, original revision, executed in the same manner as the original bid, to Purchasing. The lowest, responsive, responsible bid, even after the revised submittal, is approximately $1 million, or over 50% the initial estimated construction cost. The Engineer's opinion of probable cost did not include a force account of $200,000. The purpose of a force account is to cover any additional work not covered in the contract drawings per technical Speciation 01024. Therefore, subtracting this amount from the total price results in a 41.2% increase over the Engineer's opinion of probable cost. The lack of participation and higher than anticipated bids could possibly be attributed to the complexity of the project, and the abundance of construction activity available for potential bidders in the Treasure Coast area. The County's Consulting Engineer, M&M, has reviewed the bids and has recommended that the bid be awarded to the lowest responsive, responsible bidder, Timothy Rose Contracting, Inc., for a Total Bid Price in the amount of $2,977,931.58 (See Attachment 2). FINANCING/FUNDING: Staff reached out to the City of Sebastian (COS) on this project as they are a major stakeholder. The COS has voiced their willingness to support the county's efforts for a centralized sewer system. As part of their support, the City has proposed to allocate $10,000 per qualified applicant from the City's CRA funds and $5,000 per applicant from the Indian River Lagoon Council grant for a total of $15,000 per applicant. The subject project also has an existing Cost Share Program grant that is administered by the St. Johns River Water Management District (SJRWMD) that covers 33% of the initial $1.97M construction cost up to a maximum of $649,240, which will expire in September, 2018. Now that the North Sebastian Septic to Sewer Phase I project has actual unit bid prices for construction, staff has re-evaluated the funding mechanism that was approved by BCC on December 20, 2016. C:\Users\droy\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content. Out look\EKXE60HB\Agenda - North Sebastian Septic to Sewer Bid Status-V3.docx Construction Costs: Prior to the bids being opened, the funding was broken down based on the initial estimate of $1.97M as follows: Funding Allocations Based Initial Estimate of $1.97M approved by BCC 12/20/16 Percentage Amount Cost Share Grant 33.00% $649,240 Utility Assessment Fund (473) 20.00% $393,479 Sales Tax Contribution 1 20.00% $393,479 Assessment- (Owner) Portion 27.00% $531,197 ��,. OWNER�P�ORTION�P�ER�ERU� $2T330' Based on the $2.97M construction cost bid, staff presents three options for the BCC to consider: Option I: The grant funding, optional sales tax assistance and utility fund contribution held the same. An increase of 52% vs. 27% would be required by property owners. Option II: Keep the percentage the same, which increases the assessment fund and sales tax amounts. Owner percentages would increase to 38.2% vs. 27%. Option III: Transfer the balance of the Impact Fee Funding dollars that cannot be allocated for new construction (vacant parcels) as directed by BCC on December 20, 2016, with the utility fund percentage remaining as presented in Option I. The costs to the owner would be 40.51%. Funding Option I- Hold $$ the same Option II- Hold % the same Option III -Re -allocate impact Allocations as 12/20/16 as 12/20/16 $$ from vacant parcels % Amount % Amount % Amount Cost Share Grant 21.80% $649,240 21.80% $649,240 21.80% $649,240 Utility Assessment 13.21% $393,479 20.00% $595,586 13.21% $393,479 Fund (473) Sales Tax Contribution 13.21% $393,479 20.00% $595,586 24.48% $728,999 Assessment - (Owner) Portion 51.77% $1,541,734 38.20% $1,137,519 40.51% $1,206,214 OWNER PORTION $6,762 $4,989 $5,290 PER ERU = Notes: Cost Share: Maximum allowed is $649,240. Option I, II & III: SJRWMD cost -share allocation amount cannot change. SCHEDULE/TIMELINE: On October 4, 2016, the BCC approved the SJRWMD cost share funding agreement for the septic to sewer projectfor a maximum reimbursement of up to $649,240, or 33% of the construction cost of the project based on the Engineers Opinion of Probable Cost. There are some key dates/milestones to remember (subject to change): C:\Users\GRAN IC",1\AppData\Local\Temp\BCL Tech no logies\easyPDF 7\@BCL@C0054BOA\@BCL@C0054BOA.docx P174 Date Description 12/20/2016 BCC approve funding mechanism 12/2016 to 04/2017 Bid project 05/2017 Award project 06/2017 Prepare Resolution I and II for mandatory assessment 07/2017 Prepare Resolution III confirming the project for mandatory assessment 05/2018 Finish Project" Summer 2018 Begin to connect property owners ** The grant agreement terminates on June 30, 2018. There is an option for extension, but such requests must be made on or before April 1, 2018. There is a tight timeline imposed by the SJRWMD to expedite completion of the work. The notice to proceed will only be issued once Resolution III confirming the project has been adopted. RECOMMENDATION: Staff recommends the following: a. The project be awarded to Timothy Rose Contracting, Inc., in the amount of $2,977,931.58 as the lowest, responsive, responsible bid. Please note that notice to proceed will only be issued once Resolution III has been adopted by the BCC. b. Approve the County's revised funding mechanism to be based on Option III. Allocate the necessary dollars to help defray assessment costs for. property owners. Construction Cost Funding Description . Account Number Amount Utility Assessment Fund (473) (13.21%) 473-169000-15501 $ 393,479 Optional Sales Tax Contribution (24.48%) 31526836-066510-15501 $ 728,999 Property Owner Assessment (40.51%) Assessment $1,206,214 c. Begin implementation of a Phase 1 septic to sewer assessment project for the construction costs for all properties both inside the City of Sebastian and unincorporated county. o Direct staff to follow assessment procedures for notifying benefitting property owners, preparation of assessment roll and the necessary resolutions. o Hold necessary public meetings for property owners and interested parties d. Approve the attached sample agreement. ATTACH M ENT(s): 1. Sample Agreement 2. M&M Septic to Sewer Bid Review & Recommendation Letter C:\Users\GRANIC—I\App Data\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@C0054BOA\@BCL@C0054BOA.docx P175 SECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Indian River County North County Commercial Sewer & Water THIS AGREEMENT ("Agreement' or "Contract"), dated the day of in the year 20_ by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material; and equipment to -perform the work as specified or indicated in the Contract Documents and per FDEP, FDOT, County Utilities Department and County Engineering Department standards. The work is generally described as follows: Indian River County Department of Utility Services (IRCDUS) proposes to construct a new gravity sanitary sewer system and sections of water main to serve commercial areas along US Highway #1 and in the City of Sebastian. The project will generally include approximately 2,700 LF of 8" sewer, 6,500 LF of 10" sewer, 37 manholes, 143 LF of 8" sewer jack and bore, 137 LF of 10" sewer jack and bore, 50 service laterals, lift station, 850 LF of 4" force main, 3,000 LF of 8" water main and all related and necessary appurtenances. The construction of the utility improvements described above shall also consist of, but not limited to:' .resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree `removal; dewatering; installation of pipe, structures and all appurtenances; soil backfill compaction; testing; exfiltration testing; backfill and subgrade testing); road, landscape ' and driveway restoration; regrading and grassing (sod); and traffic control. All right-of-way shall be restored to like or better condition including, but not limited to sidewalks and drainage. No excavation shall be left open when work is not actively, being,performed. Construction fencing used in the work area shall not block sight distance near intersections or driveways. All construction equipment and materials shall be stored a minimum of 15 feet from the edge of pavement and shall be protected by Type II barricades with flashing yellow lights. The Contractor shall submit a Traffic Control Plan to the local office of FDOT for U.S. Highway #1, County Traffic Engineering Division for Bay Street, and to the City of Sebastian Traffic Engineering Division for City Streets a minimum of 72 hours prior to construction and notify the respective agencies a minimum of 24 hours before any lane closures. A temporary access plan shall be provided indicating how local traffic will be maintained if the existing road is removed and reconstructed. Stand mounted Advance Construction signing shall be installed in accordance with FDOT Index 602. One lane closures shall be in accordance with FDOT Index 603. When any work encroaches the area between the centerline and two (2) feet outside the edge of pavement, traffic shall be 00530-1 P176 restricted to a single lane. ARTICLE 2 ENGINEER The North County Commercial Sewer & Water project has been designed by Masteller & Moler, Inc., hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME r^ 3.1 The CONTRACTOR shall be substantially completed witl,the following timeframe: (a) Within 30 calendar days from effective date of Notice`1d"..Proceed, Contractor shall complete the following tasks: ,4 1. Obtain all necessary permits; 2. Receive approved;E'shop`;drawings for all material§:and°equipment to be utilized on th6Job. 3. Perform all 'phbtographici.. recordig, and u"documentation of conditions:prior to-':constructigh. 4. Locate all`6xisting Utilitiesjn'the area of work. 5. Submit an'8 secure approval of shop drawings. 6. Mobilize all"labor; equipment, and materials. 7. Deliver and"'More all'equipment and materials to the job site. 8. Notify all ufilties an. other","affected parties prior to initiating const'rtirtion (b) From; .31 calendar'days to 27..0calendar days from the effective date of Notice to Proceed:;; the CONTRACTOR s"ri'alftomplete the following tasks: 1. 6 fr4:'lnstall all 'pipe„and appurtenant items. Perform all testing. 3 „Restore„all,.disturbed areas to their pre -construction condition. 4.'' ' Correct all deficiencies noted by Engineer. . ompletion of;all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial:.Completion. (c) From 27,1';';calendar days to 330 calendar days from the effective date of Notice to Proceed{'.the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed 00530-2 P177 within the times specified in Paragraphs 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Times or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Final =Completion and readiness for final payment. 3.3.1. The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damage's ' due to the Owner from payments due to the Contractor; or, in„the alternative, 4lk or any portion of the above -stated liquidated damages may be.:collected from the Contractor or its Surety or Sureties. These provisions,for liquidated damages shall:not prevent the OWNER, in case of the ,C'ONTRACTOR's, ;default, from ,".terminating the Contractor's right to proceed as,providea'in. this AGREEMENT:. 3.3.2. In addition to the above *stated liiquidated; aamages, the;.CONTRACTOR shall be responsible for reimbursing OWN 9R,if& third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension. -of time`•.granted to CONTRACTOR, whichever date is later..- - ARTICLE 4 CONTRACT PRICE.,. 4.1 OWNER shall_ pay CONTRACTOR f&:;completion of the work in accordance with the Contract Documents in current funds in the amount of $ 2.977,931.58 ARTICLE,5,_;, PAYMENT PROCEDURES CONTRACTOR shall submit''Applications for Payment in accordance with Article 14 of the General;'tConditions. Applications for Payment will be processed by ENGINEER as provided in the General;Cond*66t s:andlhe,Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the,approved partial payment request as recommended by ENGINEER in accordance With the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 ET. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8) (b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with 00530-3 P178 existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for, payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of, the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of,ia:;good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR:. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, "services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers:'Pursuant; to Florida Statutes section 218.735(8) (c) (2005), CONTRACtdR:further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2),;,,CONTRACT0R"wAll not seek release from the County as OWNER of .the withheld: retainage until ttie'final pay request. 5.3 Paragraphs 5.1 and 5.2 do nof;apply: to construction services work purchased by the County as OWNER which are paid. fog; ;'in. whole;'�or in part, with federal funds and are subject to federal grantor laws and".reguiations or 'requirements that are contrary to any provision of the Local. Government _l?rompt `Payment Act. In such event, payment and retainage provisions"shall;governed by`` , applicable grant requirements and guidelines- 5.4 ACCEPTANCE AND..FINALPAYMENT L' on receipt of written notice that the work is ready for fihalJinspection and'a'cceptance, the ENGINEER will promptly make such inspection and -,,when tfe_ ,ENGINEER finds the work acceptable under the terms of the ,Contract and the"`Contract fully.;:performed, the ENGINEER will promptly issue a final `,completion certificate''`"stating that the work provided for in this Contract has been `completed,. and acceptance by the OWNER under the terms and the conditions thereof is recorrimenid8.,and the'entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by, the OWNER following County Commission approval of the final Contract payment:'? 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST 00530-4 P179 Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions and as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of. the Supplementary Conditions of the extent of the technical data contained in such reports and drawings, upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or :assumes responsibility for obtaining and carefully studying).all such, examinations, investigations, explorations, tests, reports and studies (in addition, to, or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost;, progress, performance or furnishing of the work as CONTRACTOR considers necessary for.the performance of furnishing of the work at the Contract Price, within the Contract Times:,:and in accordance with the other terms and conditions of the Contract Documents,. including specifically the provisions of Paragraph 4.02 of the Generale 'Conditions; 'and no additional examinations, investigations, explorations, tests, reports,, studies-or.similar information or data are or will be required by CONTRACT OR:for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract.Documerits�with respect to existing underground facilities at or contiguous `,to the site and assumes responsibility for the accurate location of said underground facilities. No add"itional'examinations, investigations, explorations, tests, reports, studies or -similar information :or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 00530-5 P180 ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 Schedule of Subcontractors (Section 00431). 8.3 Disclosure of Relationships (Section 00452). - 8.4 Sworn Statement under the .Florida Trench Safety Act (Section 00454). 8.5 General Information Required for Bidders (Section 00456).`{ 8.6 Public Construction Bonds (Section 00610). 8.7 Notice of Award and Notice to Proceed (examples.ii.Section 00800)'` 8.8 General Conditions (Section 00700). 8.9 Supplementary Conditions (Section 00800). Y'', '4., 8.10 Documents / Specifications bearing,the tibieNorth-,'Obunty Commercial Sewer & 8.11 Drawings, inclusive with each `sheen%.be Commercial Sewer". 8.12 Addenda numbers .. to 8.13 CONTRACTOR'S Bid (Sec 4 8.14 Specificatioris ;;bearing the Reclaimed Water .Utility G thereof. 8.15 ;-;The"following, which may; `t and are not attached.here following general title "North County " or the latest version delivered or issued after the effective date of the Agreement All``written amendments and other documents amending, the Contract Documents pursuant to Paragraphs 3.04 of the • Vic,"': There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be;amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions:,.. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9-2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous 00530-6 P181 consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice'its trade or trades which are involved in the completion of this Agreement and the work1hereunder. 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising''out of this Agreement shall be in Indian River County, Florida, or, in the event :of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 The CONTRACTOR shall indemnify and;hold'.harmles*§.Jhe County, and:its officers and employees, from liabilities, damages;'; losses and: costs, including, but.not limited to, xt reasonable attorney's fees, to the eent ;caused 6y4he negiigence;.recklessness, or intentional wrongful misconduct f, the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance 4 the construction contract. 9.7 Pledge of Credit. The CONTRACT:,OR'shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any A'gr'eement; debt, obligation, judgment, lien or any form of indebtedness;-Th6 C.ONTRACTORAkher warrants and represents that it has no obligation of indebtedness that,would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement „may be executed in one or more counterparts, but all such counterparts; :when duly executed,shall constitute one and the same Agreement. 9.9. Public Records: "Indian River County is a public agency subject to Chapter 119, Florida :Statutes. The Contractor shali comply with Florida's Public Records Law. Specifically, :.the Contractor shall- 1:''`I<eepand°maintain public records required by the County to perform the service. 2. Upon request from the County's Custodian of Public Records, provide the County with a copy of therequested records or allow the records to be inspected or copied within a reasonable''.time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise' provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. 4. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate 00530-7 P182 public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps .and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 5. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE,,.PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords0lircgov.com Indian River County Office of the'G;ounty Attorney ; 1801 27th Street Vero Beach, FL 32960 6. Failure of the Contractor to„complywth'these;`.requirementsshall be a material breach of this Agreement. ` ..'.��' REMAINDER OF THIS PAGE, INTENTIO'NALLY,'LEFT BCAN,K. 00530-8 P183 This Agreement will be effective on , 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman 0 Jason E. Brown, County Administrator CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest r; APPROVED AS TO FORM AND LEGAL:. ! SUFFICIENCY: By: .•,; yr r.. Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Cou"nd`Comptrollerr.•, License No. Attest: Y (Where applicable) Clerk of Court.and 'Com troller ` ` (SEAL),;; Designated':Reprdseintative:'` r Name: Arjuna Weragoda,'�•PE Title: Capital Projects Manager Address: 1801 27' .,Street Vero Beach; Florida 32960 Phone: (772) 226-1821 Facsimile: (772) 770-5143 Email: aweragoda@ircgov.com Agent for service of process: Designated Representative: Name: Title: Address: Phone: _ Facsimile: Email: (if CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) *END OF SECTION' 00530-9 P184 MASTELLER & MOLER, INC. M -- CIVIL ENGINEERS "- NORTH COUNTY COMMERCIAL SEWER & WATER BID 4/12/17 Indian River County Bid No. 2017046; UCP #4119 TIMOTHY ROSE CONTRACTING Unit Price Total Price . BLUE GOOSE CONSTRUCTION Unit Price Total Price PIPELINE UTILITIES Unit Price Total Price 1 Standard Manholes 0'-6' EA 20 $ 4,781.00- $ 95,620.00 $ 6,303.00 $ 126,060.00 $ 7,140.001$ 142.800.00 2 Standard Manholes 6'-8' EA 10 $ 3,039.00 $ 30,390.00 $ 8,875.00 $ 88,750.00 $ 8,875.001$ 88,750.00 3 Standard Manholes 8'-10' EA 4 $ 7,512.00 $ 30,048.00 $ 11,295.00 $ 45,180.00 $ 10,435.00 $ 41,740.00 4 Standard Manholes 10'-12' EA 3 $ 9,624.00 $ 28,872.00 $ 12,911.00 $ 38,733.00 $ 11,020.00 $ 33,060.00 5 Standard Manhole 12'-14' FA 1 $ 11,364.00 $ 11,364.00 $ 15,066.00 $ 15,066.00 $ 14,230.00 $ 14,230.00 6 Drop Manholes 10'-12' EA 2 $ 10,008.00 $ 20,016.00 $ 17,244.00 $ 34,488.00 $ 14,510.00 $ 29,020.00 7 Core & Connect to existing Manhole 10'-12' LS 1 $ 4,272.00 $ 4,272.00 $ 9,653.00 $ 9,653.00 $ 11,120.00 $ 11,120.00 8 Lift Station "A" LS 1 $ 182,908.00 $ 182,908.00 $ 193,621.00 $ 193,621.00 $ 255,500.00 $ 255,500.00 9 4" 0 Force Main & Fittings & Testing LF 860 $ 58.07 $ 49,940.20 $ 13.50 $ 11,610.00 $ 38.45 $ 33,067.00 10 4" 0 Force Main Directional Bore LF 200 $ 73.73 $ 14,746.00 $ 52.90 $ 10,580.00 $ 86.40 $ 17,280.00 11 8" PVC Sewer 0'-6' LF 1,100 $ 83.60 $ 91,960.00 $ 66.35 $ 72,985.00 $ 62.10 $ 68,310.00 12 8" PVC Sewer 6'-8' LF 1,200 $ 146.70 $ 176,040.00 $ 126.35 $ 151,620.00 $ 99.20 $ 119,040.00 13 8" PVC Sewer 8'-10' LF 245 $ 165.00 $ 40,425.00 $ 134.35 $ 32,915.75 $ 102.35 $ 25,075.75 14 8" PVC Sewer 10'-12' LF 50 $ 254.00 $ 12,700.00 $ 182.35 $ 9,117.50 $ 150.55 $ 7,527.50 15 10" PVC Sewer 01-6' LF 2,400 1 $ 165.00 $ 396,000.00 $ 136.95 $ 328,680.00 $ 107.20 $ 257,280.00 16 10" PVC Sewer 6'-8' LF 2,550 $ 171.00 $ 436,050.00 $ 136.95 $ 349,222.5b $ 110.00 $ 280,500.00 17 10" PVC Sewer 8'-10' LF 930 $ 182.00 $ 169,260.00 $ 152.15 $ 141,499.50 $ 114.40 $ 106,392.00 18 10" PVC Sewer 10'-12' LF 430 $ 223.00 $ 95,890.00 $ 176.15 $ 75,744.50 $ 138.50 $ 59,555.00 19 10" PVC Sewer 12'-14' (This includes 8 -Inches of 10" C-900) LF 90 $ 681.00 $ 61,290.00 $ 278.15 $ 25,033.50 $ 240.85 $ 21,676.50 20 8' PVC Sewer 10'-12' DIP 24" Casing; Jack & Bore LF 143 $ 825.36 $ 118,026.48 $ 728.50 $ 104,175.50 $ 728.00 $ 104,104.00 21 10" PVC Sewer 10'-12' DIP 24" Casing; Jack & Bore LF 137 $ 861.00 $ 117,957.00 $ 745.85 $ 102,181.45 $ 740.00 $ 101,380.00 22 Testing (TV of Mains) LF 9,127 $ 3.00 $ 27,381.00 $ 3.90 $ 35,595.30 '$ 8.10 $ 73,928.70 23 6" Single Lateral w/ Cleanout EA 51 $ 4,585.00 $ 233,835.00 $ 2,825.00 $ 144,075.00 $ 2,345.00 $ 119,595.00 24 6" Double Lateral w/ Cleanout EA 2 $ 4,895.00 $ 9,790.00 $ 2,924.00 $ 5,848.00 $ 2,455.00 $ 4,910.00 25 B" 0 PVC Water Main (wrresting & Chlorination) LF 3,140 $ 2.50 $ 7,850.00 $ 18.75 $ 58,875.00 $ 39.75 $ 124,815.00 26 Connect to Existing Water Main EA 4 $ 1,500.00 $ 6,000.00 $ 1,000.00 $ 4,000.00 $ 4,670.00 $ 18,680.00 27 B" 0 PVC Water Main Directional Bore LF 60 $ 172.00 $ 10,320.00 $ 178.50 $ 10,710.00 $ 297.00 $ 17,820.00 28 8" Gate Valve w/ Valve Box w/ Concrete Pad EA 2 $ 1,938.00 $ 3,876.00 $ 1,324.00 $ 2,648.00 $ 1,785.00 $ 3,570.00 29 12" x 8" Reducer EA 1 $ 625.00 $ 625.00 $ 485.60 $ 485.60 $ 745.00 $ 745.00 30 6" x 8" Tee EA 1 $ 652.00 $ 652.00 $ 421.85 $ 421.85 $ 730.00 $ 730.00 31 6" x 8" Reducer EA 1 $ 405.00 $ 405.00 $ 338.70 $ 338.70 $ 505.00 $ 505.00 32 8" Dia. 45' Bends EA 12 $ 455.00 $ 5,460.00 $ 363.00 $ 4,356.00 $ 560.00 $ 6,720.00 33 8" Dia. 90° Bends EA 2 $ 486.00 $ 936.00 $ 378.10 $ 756.20 $ 610.00 $ ..1,220.00 34 Fire Hydrant -Complete EA 3 $ 5,855.00 $ 16,965.00 $ 3,818.00 $ 11,454.00 $ 5,685.00 $ 17,055.00 35 Sample Taps EA 6 $ 525.00 $ 3,150.00 $ 607.55 $ 3,645.30 $ .780.00 $ 4,680.00 36 Temporary Jumper EA 2 $ 3,402.00 $ 6,804.00 $ 2,519.50 $ 5,039.00 $ 5,340.00 $ 10,680.00 37 Erosion & Sediment Control LS 1 $ 50,000.00 $ 50,000.00 $ 15,000.00 $ 15,000.00 $ 34,920.00 $ 34,920.00 Page 1 of 2 OD MASTELLER & MOLER. INC. M - CIVIL ENGINEERS NORTH COUNTY COMMERCIAL SEWER & WATER BID 4/12/17 Indian River County Bid No. 2017046; UCP #4119 TIMOTHY ROSE CONTRACTING Unit Price Total Price BLUE GOOSE CONSTRUCTION Unit Price Total Price PIPELINE UTILITIES I Unit Price Total Price 38 Remove & Relocate Existing Water Service LS 1 $ 1,062.00 $ 1,062.00 $ 675.00 $ 675.00 $ 2,350.00 $ 2,350.00 39 24" RCP - Remove & Replace LF 10 $ 1.00 $ 10.00 $ 88.45 $ 884.50 $ 92.00 $ 920.00 40 24" CMP.- Remove & Replace LF 52 $ 1.00 $ 52.00 $ 63.15 $ 3.283.80 $ 140.00 $ 7,280.00 41 24" Mitered End Sections- Remove & Replace EA 2 $ 1.00 $ 2.00 $ 1,073.00 $ 2,146.00 $ 2,080:00 $ 4,160.00 42 18" RCP - Remove & Replace LF 10 $ 1.00 $ 10.00 $ 63.50 $ 635.00 $ 92.00 . $ 920.00 43 18" Mitered End Sections - Remove & Replace EA 2 $ 1.00 $ 2.00 $ 858.00 $ 1,716.00 $ 1,945.00 $ 3,890.00 44 15" RCP - Remove & Replace LF 225 $ 1.00 $ 225.00 $ 38.00 $ 8,550.00 $ 92.00 $ 20,700.00 45 12" ADS - Remove & Replace LF 80 $ 1.00 $ 80.00 $ 29.10 $ 2,328.00 $ 92.00 '$ 7,360.00 46 12" CMP- Remove & Replace LF 10 is 1.00 $ 10.00 $ 47.85 ,$ 478.50 S 141.00 $ 1,410.00 47 12" Mitered End Sections - Remove & Replace EA 3 $ 1.00 $ 3.00 $ 685.00 $ 2,055.00 $ 1,530.00 $ 4,590.00 48 Remove & Replace (Open Cut) - Pavement Concrete 6" Thick SY 615 $ 1.00 $ 615.00 $ 62.00 $ 38,130.00 $ 97.55 $ 59,993.25 49 Remove & Replace (Open Cut) - Pavement Asphalt 2" Thick SY 5,797 $ 1.00 $ 5,797.00 $ 31.20 $ 180,866.40 -$ 21.70 $ 125,794.90 50 Remove & Replace - (Open Cut) 6" Base Rock SY 6,135 $ 1.00 $ 6,135.OD $ 10.35 $ 63,497.25 $ 36.15 $ 221,780.25 51 Remove & Replace - (Open Cut) 8' Stabilized Subgrade SY 6,470 $ 1.00 $ 6;470.00 $ 6.60 $ 42,702.00 $ ,7.25 $ 46,907.50 52 Sidewalk Repair SF 72 $ 9.00 $ 648.00 $ 8.55 $ 615.60 $ 72.25 $ 5,202.00 53 Curb Replacement (Miami Curb) LF 130 1 $ 1.50 $ 195.00 $ 34.05 $ 4,426.50 $ 48.20 $ 6,266.00 54 Curb Replacement (Type "F" Curb & Gutter) LF 1,000 is 1.50 $ 1,500.00 $ 30.15 $ 30,150.00 $ 48.20 $ 48,200.00 55 Turf Material - Sod (Bahia) SY 16,000 $ 2.75 $ 44,000.00 $ 3.50 $ 56,000.00 $ 3.15 $ 50,400.00 58 Turf Material - Sod (SL Augustine) SY 1,200 $ 5.05 $ .6,060.00 $ 4.50 $ 5,400.00 $ 4.70 $ 5,640.00 57 IStakeout Survey LS 1 $ 9,000.00 $ 9,000.00 $ 8,735.00 $ 8,735.00 $ 27,700.00 $ 27,700.00 58 As -Built Survey LS 1 $' 12,000.00 $ 12,000.00 $ 10,080.00 $ 10,080.00 ,$ 29,100.00 $ 29,100.00 59 jPublic Construction Bond LS 1 $ 26,231.90 $ 26,231.90 $ 27,664.00 $ 27,664.00 $. 25,000.00 $ 25,000.00 CONSTRUCTION COST - SUBTOTAL "A" $ 2,687,931.58 $ 2,761,182.70 1 $ 2,963,545.35 60 IMobilization, Demobilization, MOT (See Section 01025) I LS 1 1 $ 90,000.00 $ 90,000.00 $ 90,000.00 $ 90,000.00 $ 90,000.00 $ 90,000.00 CONSTRUCTION COST plus MOBILIZATION - SUBTOTAL "B" $ 2,777,931.58 $ 2,861,182.70 1 $ 3,053,546.36 61 Force Account I LS 1 1 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 1.$ 200,000.00 $ 200,000.00 BASIS OF AWARD - TOTAL LUMP SUM CONTRACT AMOUNT: $ 2,977,931.58 $ 3,051,182.70 ! $ 3,253,545.35 Filell 1422 (phase 1) (BldMatrljLxWx) Page 2 of 2 M J MASTEL. LER & MOLER, INC. M, -CIVIL ENGINEERS May 4, 2017 Mr. Vincent Burke, PE, Director Indian River County Department of Utility Services 1801 271h Street Vero Beach, Florida 32960 RE: North County Commercial Sewer & Water Project UCP #4119 Bid No. 2017046 Evaluation and Recommendations Dear Vincent: I am enclosing a spreadsheet we prepared showing the three (3) Contractor's bids. The low bidder is Timothy Rose Contracting with a bid amount (including the $200,000 Force Account) of $2,977,931.58. The second lowest bid is from Blue Goose Construction with a "corrected" bid of $3,051,182.58 and the third lowest bid is Pipeline Utilities with a "corrected" bid of $3,253,545.35. The correction in the second and third lowest bids reflects a reduction of Item 60 to $90,000.00 which is the amount required for mobilization, demobilization per specifications Section 01025. All of the bids came in substantially above our office's engineering estimate for the project of $2,200,000 which includes a force account amount of $200,000. Since the bids have been ,received, I have researched construction costs and have concluded that our engineering estimate is too low based on the fact that it did not consider the recent substantial increase in construction costs due to a surge in infrastructure projects. In addition, the construction of gravity sewer along US Highway 1 is not a standard sewer construction project especially with the addition of the gas pipeline in the proposed pipeline route. The three (3) bid amounts are close to each other with the highest bid amount less than 10% higher than the low bid amount. Therefore, I have concluded that the cost of this project to construct is in the $3 million range. Even though the project is more expensive than originally anticipated, I still think the project should move forward. Please bear in mind that this project not only results in environmental benefits by removing septic discharges from the Indian River Lagoon but by virtue of the construction of gravity sewer along US Highway 1 and in other .commercial areas, the project .will be an economic driver to the City of Sebastian and Indian River County. Therefore, it is my professional recommendation that the County award the contract to Timothy Rose Contracting in the amount of $2,977,931.58 contingent upon the approval by the County Attorney. Respectfully submitted, MASTELLER & MOILER, INC. Earl H. Masteller, PE, BCEE President EHM/cab Enclosures Cc: Arjuna Weragoda, PE — Capital Projects Manager File#1422 (ir VBurke_BidRecom_17-0504.docx 1655 271h Street, Suite 2 • Vero Beach,'Florida 32960 Phone: (772) 567-5300 • Fax: (772) 794-1106 mastmolr@bellsouth.net P187 Indian River County Utilities North Sebastian Septic to Sewer (S2S) Bid Status Board of County Commissioners May 16, 2017 Outline •History of Presentations *Approved Allocations •Bids Received •Options & Proposed Allocations *Tentative Schedule *Recommendations 5 [(=,, 17. 19 7.1 Seatic to Sewer (S2S) Histo Date Description 8/8/2013 Board approved WO #6 - Feasibility Study 2/11/2014 Study presented to the IRC Board of Commissioners 2/12/2014 Study presented to City of Sebastian Council 3/19/2014 City Hall Workshop 5/27/2014 Friends of Sebastian River presentation 10/21/2014 Board approved WO #7 - design, permitting 11/23/2016 Financing options to City of Sebastian 12/20/2016 Financing options to IRC Board of Commissioners 3/9/2017 Advertised for Bids 4/12/2017 Opened Bids Approved Allocations Based on $1.97M FUNDING ALLOCATIONS APPROVED BASED ON INITIAL ESTIMATE 5/17/2017 187.2 5/17/2017 Bids Received on April 12, 2017 BID TABULATIONS OF THE 3 BIDDERS *Original unit price on line item 60 was revised to comply with Bid Specification Section 01025. *+ Non-responsive, failed to submit a signed, original revision, executed in the same manner as the original bid. Options & Proposed Allocations Based on $2.97M Option I: The grant funding, optional sales tax assistance and utility fund contribution held the same. An increase of 52% vs. 27% would be required by property owners. Option II: Keep the percentage the same, which increases the assessment fund and sales tax amounts. Owner percentages would increase to 38.2% vs. 27%. Option III: Transfer the balance of the Impact Fee Funding dollars that cannot be allocated for new construction (vacant parcels) as directed by BCC on December 20, 2016 to Capital Cost, with the utility fund percentage remaining as presented in Option I. The costs to the owner would be 40.51%. Funds transferred into Capital were tabulated as follows: Sewer Impact Fee =$2,796 Total Number of estimated ERU's within Unincorporated County = 150 =150 x $2,796= $419,400 Total Number of existing ERU's within Unincorporated County = 30 =30 x $1,796 = $83,880 Dollars added to Capital from Impact Fees = $419,400- $83,880 = $335,520 187.3 5/17/2017 Tentative Schedule ** The grant agreement terminates on June 30, 2018. There is an option for extension, but such requests must be made on or before April 1, 2018. There is a tight timeline imposed by the SJRWMD to expedite completion of the work. W-4 Board Consideration a. The project be awarded to Timothy Rose Contracting, Inc., in the amount of $2,977,931.58 as the lowest, responsive, responsible bid. Please note that notice to proceed will only be issued once Resolution III has been adopted by the BCC. Board Consideration b. Approve the County's revised funding mechanism to be based on Option III. Allocate the necessary dollars to help defray assessment costs for property owners. Construction Cost Funding Description Account Number Amount Utility Assessment Fund (473) 473-169000-15501 $ 393,479 (13.21%) Optional Sales Tax Contribution 31526836-066510- $ 728'999 (24.48%) 15501 Property Owner Assessment Assessment $1,206,214 (40.51%) 5/17/2017 187.5 Board Consideration C. Begin implementation of a Phase 1 septic to sewer assessment project for the construction costs for all properties both inside the City of Sebastian and unincorporated county. • Direct staff to follow assessment procedures for notifying benefitting property owners, preparation of assessment roll and the necessary resolutions. • Hold necessary public meetings for property owners and interested parties d. Approve the attached sample agreement. Questions? 5/17/2017 181.6 134 ATTORNEY'S MATTERS: 5/16/17 Office Of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: William K. DeBraal — Deputy County Attorne DATE: April 28, 2017 SUBJECT: Demolition Liens ATTORNEY The County has demolished dilapidated structures on the following parcels of property identified below: Property Owner Parcel Description LaCrystal Demario and 32-39-22-00007-0090-00012.0 Antonio Yorker 479532 "d Avenue Lots 12 and 13, Block 9, Smith Plaza Subdivision Martha R. Williams 33-39-36-00002-0280-00026.0 529 20th Street S.W. Lot 26, Block 28, Vero Beach Highlands Unit 2 Helen Cooper 33-39-36-00005-1180-00023.0 2385 11th Court S.W. Lot 23, Block 118, Unit 5 of The Vero Beach Highlands Cost $5,701.42 $5,755.80 $6,270.13 The next step in the process is filing a lien against the property for the costs of demolition. P188 In accordance with County Code Section 100.080, the Board passed Resolution No. 2016-117 to have the lien filed against the respective properties for the costs incurred by the County in demolishing the unsafe structures. Notice of the proposed demolition lien was mailed to the parties in interest, and, pursuant to our code, each party in interest may now appear before the Board and be heard as to the amount of the proposed demolition lien. Attached is the lien for each property that, if approved by the Board, will be recorded in the public records against the property. Also attached is the itemization of costs for each demolition. FUNDING: Costs associated with this item are recording fees for recording the lien in the public records at a cost of $30.00. Funds for this expenditure are available in the MSTU Fund/Road & Bridge/Other Contractual Services, Account No. 00421441-033490. RECOMMENDATION: The County Attorney's Office .recommends the Chairman allow each party in interest for the property to address the Commission and be heard on the amount of the proposed lien concerning the property. Following any comments, staff recommends approval of the lien amounts and authorization for the Chairman to sign each lien for recordation in the public records. /nhm Attachments: Liens (3) Itemization of costs for demolition (3) cc: Scott McAdam — Building Official 2 P189 This document was prepared by: Indian River County Attorney's Office 1801 2r Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the day of May, 2016, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Lots 12 and 13, Block 9, Smith Plaza Subdivision, according to the Plat filed in the Office of the Clerk of the Circuit Court of Indian River County, Florida, in Book 1, Page 18. Parcel No. 32-39-22-00007-0090-00012.0 The name of the record owner of the above-described property is: LaCrystal Demario and Antonio Yorker THIS LIEN is filed against the real property to secure the payment of Five Thousand Seven Hundred One and 42/100 Dollars ($5,701.42), for the cost of demolition .and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five percent (5.00%) per annum, until the total amount, including interest, has been paid. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Board of County Commissioners BCC approved: APPROVED AS TO FORM AN GAL SUFF11 N Y SY WILLIAM K. DEER L DEPUTY COUNTY ATTORNEY The foregoing instrument was acknowledged before me this day of May, 2017, by Joseph E. Flescher, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: P190 COSTS FOR LIEN ATTACHMENT CALCULATIONS: 4795 32"d Avenue 32-39-22-00007-0090=00012.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED $ 6.46 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE — CERTIFIED MAIL $ 6.46 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10.00 - ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $5;250.00 TOTAL COSTS: $5,701.42 P191 This document was prepared by: Indian River County Attorney's Office 1601 27th Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the day of May, 2016, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Lot 26, Block 28, Vero Beach Highlands Unit 2, according to the Plat thereof as recorded in Plat Book 5, Page 77 of the Public Records of Indian River County, Florida. Parcel No. 33-39-36-00002-0280-00026.0 The name of the record owner of the above-described property is: Martha R. Williams THIS LIEN is filed against the real property to secure the payment of Five Thousand Seven Hundred Fifty -Five and 801100 Dollars ($5,755.80), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five percent (5.00%) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER Joseph E. Flescher, Chairman Board of County Commissioners BCC approved: APPROVED AS TO FORM AN�AL SU FFICI C e lir✓ _ WILLIAM K. DE.ERAAL DEPUTY COUNTY ATTORNEY The foregoing instrument was acknowledged before me this day of May, 2017, by Joseph E. Flescher, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: P192 COSTS .FOR LIEN ATTACHMENT CALCULATIONS: 529 20th Street. S.W. 33-39-36-00002-0280-00026.0 INSPECTION REPORT ON PROPERTY $ 75.00. POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED X 5 $ 33.65 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE — CERTIFIED MAIL x 5 $ 33.65 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10.00 - ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $5,250.00 TOTAL COSTS: $5,755.80 ' P193 This document was prepared by: Indian River County Attorney's Office 1801 2r Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the Iday of May, 2016, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Lot 23, Block 118, Unit 5 of The Vero Beach Highlands according to the Plat thereof as recorded in Plat Book 8, Page 56 of the Public Records of Indian River County, Florida. Parcel No. 33-39-36-00005-1180-00023.0 The name of the record owner of the above-described property is: Helen Cooper THIS LIEN is filed against the real property to secure the payment of Six Thousand Two Hundred Seventy and 13/100 Dollars ($6,270.13), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five percent (5.00%) per annum, until the total amount, Including interest, has been paid. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Board of County Commissioners BCC approved: APPROVED AS TO FORM ANLSU ICt C s WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY The foregoing instrument was acknowledged before me this day of May, 2017, by Joseph E. Flescher, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: P194 COSTS FOR LIEN ATTACHMENT CALCULATIONS: 238.6 19th Court S.W. 33-39-36-00006-1180-00023.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED $ 6.48 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE -CERTIFIED MAIL $ 6.46 POSTAGE - REGULAR MAIL $ 0.69 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10'.00 -ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $5,818.00 TOTAL COSTS: $6,270.13 P195 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 131S Attorney's Matters - B.C.C. 05.16.17 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 4, 2017 ATTORNEY SUBJECT: Agreement for On -The -Job Training with the Arc of Indian River County, Inc. On August, 16, 2016, the Indian River County Board of County Commissioners (the "Board"), directed staff to create, develop and implement a job mentoring program that will offer on-the-job trainingby Indian River County (the "County") to young adults with intellectual and developmental disabilities. Since then, County staff has had communications with the Florida Division of Vocational Rehabilitation (the "Division") and the Arc of Indian River County, Inc. As a result of those communications, County staff has developed the attached proposed Agreement for On -The -Job Training Between Indian River County and The Arc of Indian River County (the "Agreement"). Under the Agreement, the County will provide certain students who are with the Arc of Indian River County, Inc. with a work -based learning experience. The Arc of Indian River County, Inc. is 'a not-for-profit corporation in Indian River County with a mission of supporting and empowering individuals with special needs to achieve their life goals. The Arc of Indian River County, Inc. has entered into a separate On -The -Job Training Agreement with the Division. The Arc of Indian River County, Inc. will be employing Division customers in order to assist such customers in gaining a valuable work -based learning experience. Under. the Agreement, some of those Division customers will be gaining that experience with the County. Under the Agreement, the Arc of Indian River County, Inc. will notify the County's Human Resources Director if there is an eligible student who would be a good candidate for a work -based learning experience with the County. The Arc of Indian River County, Inc. will provide the County with the type of work assignment being sought, overview of the student's skills, and the hours the student is available to work. The County Human Resources Director will then coordinate with the various County departments to determine if there is an appropriate work -based learning experience available. The County will have no obligation to provide a work -based learning experience. Additionally, the Agreement allows for the County Human Resources Director to contact the Arc of Indian River County, Inc. to request a student for a work - based learning experience. If such request is made, the Arc of Iridian River County, Inc. has no obligation to provide a student. F:IArfo-qU, oIO,WFUL18CCL*.da,W,— 4RC.d— P196 Board of County Commissioners May 4, 2017 Page Two Under the Agreement, the student will work no more than 8 hours per week and no more than 30 hours total as part of the work -based learning experience. Additionally, the County will provide the Arc of Indian River County, Inc. with a progress report concerning the student's work -based learning experience on a monthly basis. The Agreement will be for two years, with the parties having the ability to extend the Agreement for two additional one-year renewal terms. RECOMMENDATION. The County Attorney recommends that the Board approve and authorize the Chairman to sign the Agreement for On -The -Job Training Between Indian River County and The Arc of Indian River County, Inc. ATTACHMENT(S). Proposed Agreement for On -The -Job Training Between Indian River County and The Are of Indian River County, Inc. FW t0-eYVrdaIGEAMW vB C C tKwa. M._swRGdx P197 Agreement for On -The -Job Training Between Indian River County and The Arc of Indian River County, Inc. This Agreement (the "Agreement") is entered into this _ day of 2017 (the "Effective Date"), between Indian River County, a political subdivision of the State of Florida .(the "County"), and The Arc of Indian River County, Inc., a non-profit corporation registered in the State of Florida (the "ARC"). WHEREAS, ARC is a not-for-profit corporation in Indian River County with a mission of supporting and empowering individuals with special needs to achieve their life goals; and WHEREAS, ARC has entered into an On -The -Job Training Agreement with the Florida Division of Vocational Rehabilitation (the "Division"); and WHEREAS, ARC will be employing Division customers in order to assist such customers in gaining a valuable work -based learning experience; and WHEREAS, ARC and the County would like to .have some of the Division customers, students between the ages of 15 and 21 who are in the Division's Transition Youth services, gain the work -based learning experience at the County; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto do mutually agree as follows. 1. Background Recitals. The background recitals are true and correct and form a material part of this Agreement. 2. Term. The term of this Agreement shall be for two years, commencing on the Effective Date of this Agreement. The parties may agree to two additional one year renewal terms of the Agreement, by agreeing in writing at least 90 days prior to the expiration of the initial or renewal term. 3. Placement of Division Customer. If ARC has a Division customer who is a student between the ages of 15 and 21 and is in the Division's Transition Youth services, ARC may notify the County's Human Resources Director, if ARC believes that such Division customer would be a good candidate for a work -based learning experience with the County. ARC shall .provide the County Human Resources Director with the type of work assignment being sought for the Division customer, overview of Division customer skills, and the hours the Division customer is available to work. The County will then coordinate with the various County departments to determine if there is an appropriate work - based learning experience available at the County. The County has no obligation to provide a work - based learning experience for a Division customer. Nothing, prevents the County Human Resources Director from contacting ARC and requesting a Division customer for a work -based learning experience with the County. if such request is made, ARC has no obligation to provide a Division customer for a work -based learning experience with the County. Notification per this section may be provided per electronic correspondence. 4. Division Customer Hours. A Division customer who undertakes a work -based learning experience with the County pursuant to this Agreement shall work no more than S hours per week and no more than 30 hours total as part of the work -based learning experience. 1 C:\Users\CharlesB\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XFEZY8RC\ARC Contract (2).docx P198 5. Division Customer Propress, Reports. The County shall provide ARC with aprogress report concerning the Division customer work -based learning experience onamonthly basis, sothat the County haveadequate communication concerning the Division customer. 6. Termination of Division Customer. County has the right to terminate the Division customer work -based learning experience at any time. County will contact the ARC Division customer manager orsupervisor prior toany such termination. 7. Appearance. Division customers are required to wear proper clothing and shoes' No ba|ter-tops,shorts, ortank tops are allowed. ' 8. Work Environment. The County agrees to provide m reasonable and safe working condition for aUmfthe Division customers assigned tuthe County. ' 9. Comprehension of the English Language. Fora safe working environment, all Division customers are required 1mcomprehend English. 20. Notification of Iniuries. Ynthe event that aDivision customer binjured while onthe job atthe County, the Division customer will be covered bythe ARCoWorkers' Compensation Insurance. A ' representative from the County will notify the ARC immediately of any injuries, and will provide a description ofany first aid administered tothe Division customer. 11. Notice.Except ayotherwise provided Inthis Agreement, any notice required pwromam* to this Agreement from either party to the ether party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives ofthe County and ARC are: County: Human Resources Director Indian River County 18O127mStreet Vero Beach, FL, 3296B ARC: Executive Director The Arc mf Indian River County 137516thAve Vero Beach, Fk3296Q 12. Amendments. The parties may amend this Agreement only by mutual written agreement ofthe parties. 13. Assignment. Neither party will assign or transfer any interest in this Agreement without prior written consent ofthectharparty. 14. Independent Contractor. In the performance of this Agreement, AN[ is mx1|ng in the capacity of an independent contractor and not as an agent, employee, partner, joint venturer, or associate of the County. ARC is solely responsible for the means, method, technique, sequence, and procedure utilized byARC imthe full performance wfthis Agreement. P198 15. ARC Employer Status. For any and all purposes, ARC is the employer of the Division customers. ARC will be solely responsible for satisfying any and all necessary health insurance and worker's compensation requirements for the Division customers. Additionally, ARC shall pay the Division customers for the work performed at the County. 16. Insurance Requirements. Within 15 days of the Effective Date of this Agreement, ARC shall provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's Risk Manager, of the following types and amounts of insurance: A. Commercial general liability with a combined single limit of $500,000.00 per occurrence B. Commercial automobile liability with a combined single limit of $500,000.00 per occurrence (if transportation is to be provided). The County shall be named as an additional insured for each of these policies. 17. Indemnification. ARC shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Recipient, its agents, officers, or employees in connection with the performance of this Agreement. 18. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. 19. Termination. Either party may unilaterally terminate this Agreement upon 30 days' written notice to the other party. IN WITNESS WHEREOF, the parties have hereto have set their hands and seals on the day and year first above written. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Oylan Reingold, County Attorney INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Board of County Commissioners BCC approved: THE ARC OF INDIANRIVER COUNTY, INC. By: Charles Bradley, Executive Dire r 3 C:\Users\Charle$B\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XFEZY8RC\ARC Contract (2).doa: P200 Dylan Reingold, County Attorney William K. DeBra-al, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 13C Attorney's Matters - B.C.C. 5.16 17 Ofice of INDIAN RIVER COUNTY rkTFffkTj U119JAMR9 WT TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorney DATE: , I May 10, 2017 SUBJECT: 2017-2018 State Legislative Final Report ATTORNEY BACKGROUND: The Indian River County Board of County Commissioners (the "Board") approved a list of priorities for the 2017 State of Florida legislative session on December 6, 2016. The 2017 State of Florida legislative session was held from March 7, 2017, to, May 8, 2017. Attached is a final report concerning the State of Florida's 2017-2018 legislative session. ATTACHMENT(S) Copy of Indian River County's 2017-2018 State Legislative Final Report. P201 Indian River County BCC SUPPORTED legislation to appropriate funding for local government projects and programs that will enhance the economic wellbeing of Indian River County by treating and monitoring the health of the Lagoon. ('3:w'i::Lr' A.l,"r Y�Y ,� n: ti.' %h'.. •i:` ;:yy :-•J,% .,. .:, �.�":".. !.:::.i'�:: :.r..,..::p.,. r;:'.<.`e,,-:i4.'r :. St^"{.'S.i• :^:i:':•: a{::: '. r,1>i;:::r.',:.=, +�ti _ ;�rii:,, �.. •(:iii.;- . Zi:''' ^ i#:P't . f� :' . �i�:`� "l.:';^i .. ... , .,..Six >Y .>'s� T:RANSPARENC ;:ACCOUN'I'ABILITY-�`AN. VERSIGH c.�..G. ,.1,. ar.,.j..I ,tC,SO:;a, :5.. `)N4 k =:•1. Ss' t'rY.:.:l-e` ..,..,vtr.c7:r:-<, _.;:?,.est..-. :,.:.-s;x,. �.:�.E;:1,?•, r.f ..r`. ,:i., ,,,3.j.�;'cima.). .,Li-;. �.`a??.: - X, ,5. x .f. .2 �.:, .Y FLDA:. - Ii'AI:= ;. C Y,. ? , sP i:•:.,, +fs ORT 1VT'UN C „POWER..AGENCY.. FMPA' , r a-e,�r'se; ..•:..: ,.,..i;: .;..t�'t :;,.; µii. _ - i:y.: ;a''.?-: `w! Jk>. Indian River County BCC SUPPORTED legislation to require greater oversight, transparency, and accountability. by the Florida Municipal Power Agency (FMPA) to its member municipalities and rate- payers; SUPPORTED legislation to require the FMPA annually determine the market value of each generation asset; and SUPPORTED legislation to require FMPA to determine the value of the gener- ation asset for each of the FMPA member municipalities. - - i' I• :F �:. tiS`:t ::1:3 .. •••AB ARDS' ,L �.� O is S•:' .;{r?�.' �:jS�c:r . .. ........�.,...,�:..- `- :.: :...:..: ...... ,:,. i y:: .� int: •: l.,. Indian River County BCC OPPOSED any state funding for AAF and its passenger rail project; SUP- PORTED legislative and executive branch advocacy efforts relating to a high-speed rail's impacts on the health, safety, and welfare of citizens; SUPPORTED legislation that regulates passenger rail to protect the State of Florida's citizens, local governments, wildlife, waterways, and natural environ- ment; and OPPOSED any effort to shift the cost burden of operating and maintaining AAF onto lo- cal governments. TI' 0 `'FOREi T•. t=Z ... ,�.....:., ,. O G Indian River County BCC SUPPORTED an amendment -to the Canaveral Port District Charter to remove the current language which limits the foreign trade zone boundary to Brevard County. P202 15BEAC�`REST;O�RATI©N>'ANDNOUr:.•SHiVIENT�'v:':.�:..�.�-���. .. ...... ..:• .-. ..:� .,. ,.,i :•:� ;'iii Indian River County BCC SUPPORTED the creation of a newly dedicated and reoccurring statutory funding source for beach restoration and nourishment projects; and Indian River County BCC OPPOSES legislation that would change or modify the criteria used by the Department of Environmental Protection to rank eligible beach renourishment projects that would negatively impact communities interested in pro- tecting nearshore hardbottom resources. Indian River County BCC SUPPORTED an appropriation of $337,500 in matching funds for a beach restoration project to Indian River County's Sector 5 beach. Sector 5 is within the City of Vero Beach and the project area is approximately 3 miles. Specifically, Indian River County has requested: • $25,000 in matching funds for a feasibility study, and • $312,500 in matching funds for the design of the beach project P203 r ,y> ^•�'- .:.'r`�-:'`ii`.' . mel iq _ - .1°°Hu "R CANE`YMATTI=IEW':�BE1�� DIN u'. .. ..., .,.. <. Fa .... .... ....... ..1.,..: ....,,.. ._ , .. v...,;..,y.•, ..'i'\Ak .�t'P .C',•�'„ti✓P='�k.. ..a h: t,i:+i':i�Si., .1:•,,•': �'1, •. %y Indian River County BCC SUPPORTED a separate appropriation of $5 million in matching funds for beach restoration associated with damage caused by Hurricane Matthew. On January 27, 2017, Governor Scott executed an executive order granting $15.8 million in state funds for emergency beach restoration projects in response to the damage caused by Hurricane Mat- thew in St. Johns, Flagler, Volusia and Brevard Counties. The final budget has a $13.3 million one-time allocation for storm damage recovery. These funds will likely be used by the State to satisfy its obligation to pay for 12.5% of beach resto- ration projects that are being funded in part by the Federal Emergency Management Agency (FEMA). ;.:.�::.,::: r�.+nf,.<;.,v.:;-:,.�..rr.,-•'.r..,=mss,•.,,::.,,::: 'a �,.5.: ' r} rf}" .Jt PREY=-AcItE wtit�'• �'. � -•,. ��".fir+r ;° Indian River County BCC SUPPORTED an appropriation of $1.2 million in matching funds to construct the Osprey Acres project. Osprey Acres is located on 83.14 acres and its purpose is to compliment Osprey Marsh, an existing pollutant removal system which has proven to be very effec- tive by further reducing the pollutants in canal water before it enters into the Indian River Lagoon. Osprey Acres will also preserve over 60 acres of uplands, create approximately 17 acres of aquatic habitat for fish and waterfowl, and serve as an important public education facility for adults and school children. The final budget has $1,234,286 allocated for Osprey Acres. C T 2.3 � S EB TIAN'` AS SE�PTi T E•� R�'`� O:'S • Indian River County BCC SUPPORTED an appropriation of $2.5 million in matching funds to construct the Sebastian Septic to Sewer Conversion. Indian River County has more than 30,000 septic tanks. According to the United States Department of Agriculture's Soil Conservation Service, most of Indian River County's sandy soil is not conducive for the use of septic tank systems. This limitation, combined with the high water table, creates a high potential for groundwater contamination. This is especially true in areas where development preceded septic tank regulation. In many cases, septic sys- tems do not have the required separation of 2 feet depth between the drain field and the groundwater. Indian River County has made it a priority to protect the Indian River Lagoon and to take steps to convert properties off of septic systems and onto public sewer. It will not only help the environment and increase the value of the underlying property, but it will stimulate economic growth by promoting new business to develop and allow existing business to expand. The final budget does not have a specific allocation for Sebastian Septic to Sewer project. P204 Background: In 2008, the Florida Legislature created Section 403.7032, Florida Statutes. This estab- lished a new statewide recycling goal of 75% to be achieved by the year 2020. Indian River County BCC voted to support legislation that provides appropriate resources and incentives to local governments to achieve statewide recycling goals, with credit afforded for all recycled materials including municipal biomass and other waste -to -energy processes. Legislation: SB 1104 (Perry) and HB 335 (Natural Resources and Public Lands Subcommittee) ex- pands the statutory definitions for "recovered materials" and "recovered materials processing facility" to include post -use polymers converted into crude, fuels or other raw materials, and facilities that use pyrolysis, gasification, other thermal conversion processes. Effective: If signed by the Governor, it will take effect July 1, 2017. si, t 2 ID' O O ITS - Background: In 2015, Florida ranked fourth in the nation with 3,228 deaths from drug overdoses, 9 and the presence of at least one prescription drug in a person's body caused 2,530 of those deaths.10 Statewide, in 2015, heroin caused 733 deaths, fentanyl caused 705, oxycodone caused 565, and hydro- codone caused 236; deaths caused by heroin and fentanyl increased more than 75 percent statewide when compared with 2014. Legislation #1 : 588 (Passidomo) and HB 249 (Rommel) require mandatory reporting of drug over- doses to keep records of the epidemic., One of the primary purposes of the reporting is to discourage substance abuse and overdoses by quickly identifying the type of drug involved, the age of the individ- ual involved, and the areas where drug overdoses pose a potential risk to the public, schools, work- places, and communities. Another purpose of the legislation is to provide a central data point so that data can be shared between the health care community and municipal, county, and state agencies to quickly identify needs and provide short and long term solutions while protecting and respecting the rights of individuals. Legislation #2: SB 150 (Steube) and HB 477 (Boyd) enhance existing penalties and creates new pen- alties for crimes relating to the trafficking of fentanyl and other synthetic drugs. Effective: If signed by the Governor, both pieces of legislation will be effective October 1, 2017. P205 Background: The State of Florida has expressed a desire to construct or support the construc- tion of a high-speed passenger rail system within the State to address some of its transportation concerns. Throughout the years, there have been numerous proposals for passenger trains to op- erate within the State, including high-speed passenger trains. The most recent proposal is the Bright line service by All Aboard Florida (AAF). AAF is a private company that proposes to op- erate a high-speed passenger rail service between Miami and Orlando with intermediate stations in Fort Lauderdale and West Palm Beach. The current proposal has 32 trains operating at a max- imum speed of 110 MPH between West Palm Beach and Cocoa Beach, Florida. Legislation: SB 386 (Mayfield) and HB 269 (Magar) provided minimum safety standards for any high-speed passenger rail operating in the State of Florida. The legislation also required any high- speed passenger rail system operating within the State to be solely responsible for rail corridor improvements and upgrades relating to its operation and safety unless otherwise agreed to by the express consent of another entity in writing. Status: This bill received a lot of positive feedback with the members of the Florida Legislature. A workshop was held in the House to discuss the All Aboard Florida project. The legislation also passed unanimously in the Senate Transportation Committee. Unfortunately, there was a lot of misinformation circulated by various train companies on the impacts the legislation would have on its business and on the State of Florida. We will continue to work on this issue. .r. I 4.2 SEPT C T `� O,S WER E Background: Studies show that aging septic tanks servicing residential and commercial proper- ties are contributing to the pollution of the Indian River Lagoon and Caloosahatchee and St. Lucie estuaries. Legislation: SB 874 (Young) and HB 551 (Stone) called for an appropriation of $20 million an- nually to offset property owner costs incurred by retrofitting septic systems that are determined by DEP to be contributing excess nutrient pollution to the Indian River Lagoon and Caloosa- hatchee and St. Lucie estuaries, or connecting properties to sewer systems, and for muck dredg- ing and stormwater improvements in the northern Indian Lagoon. Status: This bill only made it through one committee in the Senate. The reason for this may be because there was a one-time allocation in the original budget for $20-$25 million 50/50 cost share grant to assist the following counties along the Indian River Lagoon and Caloosahatchee and St. Lucie estuaries: Palm Beach, Martin, St. Lucie, Indian River, Brevard, Volusia, and Lee. Unfortunately, this appropriation is not in the final budget for FY 17-18. P206 *tiL :Ti"k: f!»; ,Nk�. :n:n:. "laf"'^ ^2' ::r"-,!' ,;;Y•:"..�a:::•,i',::^r. t.t<' ;.a: . ..hY::i• ..0 n. ,:,q.,r id?.' -sl•. G�:;':� `din 4 .- ,.Jv+;d'iii ' " : RGE C: � DIANA E E T; G „fir. t , n...-�G ,.t. ,• '. , r:..: f!).. h:i."�:...s . i . vY . .`,i � .'^%fi.. t. .. .,..'fir-... .....,.,:.:,.r'!�?_ .......:... ,, ..?, Background: There is statewide need to come up with flood mitigation projects to improve a commu- nity's class rating under the National Flood Insurance Program Community Rating System. Legislation: SB 112 (Brandes) and HB 613 (Ahern) proposed to authorize the Division of Emergency Management of the Executive Office of the Governor to administer a matching grant program for lo- cal governments to implement flood hazard risk reduction policies and projects. , Status: This issue was not heard in committee. 4:4: ' TD -AB; iJS ,,:I: I F.. Background: Section 395.1041, F.S. requires all hospitals offering emergency services to provide care to e� person seeking emergency care. Hospitals cannot refuse to accept a person with an emergency medical condition if the service is within that hospital's capability and capacity. Persons requiring care beyond the hospital's capability or capacity must be transferred to another facility that can provide the needed services. Legislation: SB 558 (Passidomo) / HB 61 (Lee) proposes to amend s. 395.1041, F.S., to require a hospital with an emergency department to develop a best practices policy to promote the prevention of unintentional drug overdoses by connecting patients who have experienced unintentional overdoses with substance abuse treatment services. The bill allows hospitals to determine what should be includ- ed in the policy, but the bill provides express authority to include several items in the policy. Status: HB 61 was approved by the House Chamber but the bill died in Senate messages. We should expect to see this again next session. T Fk 51, �Co Ai 'MAN •AS. .. .AGEMENT::=::' Background: The State of Florida has 825 miles of sandy coastline. Beaches are one of Florida's most valuable resources and serve multiple important functions including providing habitat and protection for several species of plants and animals, attracting visitors and new residents to the state, and provid- ing a line of defense against major storms. Specifically, beaches are the most important feature of Flor- ida's brand, accounting for 25.5 percent of the state's attractiveness to visitors. Beaches require ongo- ing maintenance to curtail erosion, which threatens this valuable state resource.4 While beaches are naturally prone to erosion due to natural forces, such as wind -driven currents and tides and storms, human -induced erosion is attributable to the construction and maintenance of navigation inlets and - the development and placement of infrastructure in close proximity to the shore. Legislation: SB 1590 (Latvala) and HB 1213 (Peters) proposed to create a $50 million dedicated and reoccurring funding source for beach restoration and nourishment projects. The bills also creates a scoring system based on a number of tiers for beach restoration projects. Status: The legislation died in House messages. P207 Background: Current law prohibits local laws, ordinances, or regulations that prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. Ordinances adopted by various local governments have sparked litigation. Legislation: SB 188 (Steube) and HB 425 (La Rosa) would have prohibited a local law, ordinance, or regulation on vacation rentals that restricts the use, prohibits, or regulates vacation rentals based solely on their classification, use, or occupancy. Amendment: SB 188 was amended so that local governments were permitted to amend certain vaca- tion rental laws, ordinances, or regulations to be less restrictive, including providing regulatory relief for certain military personnel and disabled veterans. The bill maintains the prohibition in current law against local laws, ordinances, or regulations that prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. Status: This bill. died in Senate message. We should expect to see this again next session. nr. Background: Current law requires a state medical examiner to carry out an examination or autopsy on any person who died under traumatic, suspicious, or otherwise unusual circumstances; who at time of death was unattended by a physician; or whose body is to be cremated, buried at sea, or dissected, in order to properly ascertain the cause of death. Although the governor appoints the state's medical ex- aminers, the counties in whose jurisdictions their districts overlap are responsible for compensating them, either through a direct fee agreement or through the county's budget allocations. The fees charged by the counties vary by location. Legislation #1: HB 17 (Fines) proposed to prohibit certain local governments from imposing or adopting certain regulations on businesses, professions, & occupations after certain date; preempts to state regulations concerning businesses, professions, & occupations; provides exceptions to preemp- tion. Legislation #2: SB 1158 (Passidomo) proposed to reserve to the State of Florida the exclusive right to regulate matters of commerce, trade, and labor under certain circumstances thereby prohibiting coun- ties, municipalities, and special districts from engaging in specified actions that regulate commerce, trade, or labor, unless otherwise expressly authorized to do so by special or general law. Update: Both bills died in committee. We should expect to see this again next session. P208 5 k� :3 :Wor er s��Com ensanon��f t�°' orFirs. Res' oriders�� << , Background: Current law requires a state medical examiner to carry out an examination or autopsy on any person who died under traumatic, suspicious, or otherwise unusual circumstances; who at time of death was unattended by a physician; or whose body is to be cremated, buried at sea, or dissected, in order to properly ascertain the cause of death. Although the governor appoints the state's medical ex- aminers, the counties in whose jurisdictions their districts overlap are responsible for compensating them, either through a direct fee agreement or through the county's budget allocations. The fees charged by the counties vary by location. Legislation #1: SB 1088 (Torres) proposed to have a mental or nervous injury suffered by a law en- forcement officer, firefighter, emergency medical technician or paramedic be compensable under the workers' compensation law (both medical and wage benefits) if the mental or nervous injury is demon- strated by a preponderance of the evidence. Legislation #2: SB 516 (Perry) and HB 1019 (Miller, M.) proposed to have a mental or nervous injury suffered by a law enforcement officer, firefighter, emergency medical technician or paramedic be com- pensable under the workers' compensation law (both medical and wage benefits) if the mental or nerv- ous injury is shown to meet the criteria for post-traumatic stress disorder. Update: Both bills died in committee. We should expect to see this again next session. ,.r.., .. :u.. ._� r.7..... ., .. >.fLr.d..:R!"::n. .:;y,•:ti,. Y:.:'r ^,,-� 2' +.S 3 ': :Vi``''n :• ., ;:1� �.:7�t..t 'i.5��, \, ... •i: �\:. .. ....: ...n...,.: i:s 5.4 L Ai: O.0 GOVERNMENT,-°F��ISCAII=�RE � F r N IBIIh� S O S Background: Current law requires a state medical examiner to carry out an examination or autopsy on any person who died under traumatic, suspicious, or otherwise unusual circumstances; who at time of death was unattended by a physician; or whose body is to be cremated, buried at sea, or dissected, in order to properly ascertain the cause of death. Although the governor appoints the state's medical ex- aminers, the counties in whose jurisdictions their districts overlap are responsible for compensating them, either through a direct fee agreement or through the county's budget allocations. The fees charged by the counties vary by location. Legislation: HB 7063 (Ways and Means Committee ; Caldwell) proposed to (1) create a new statutory maximum millage rate for local governments, (2) change the rules for approving a referendum pertaining to a local option or a property tax levy, (3) require voter approval for any new tax -supported debt that pledges revenues beyond five years, and (4) prohibit a local government from enacting, extending or increasing the following local option taxes if the local government adopted a millage rate in excess of its rolled -back rate in any of the previous three years: local communications services taxes, tourist development taxes, tourist impact taxes, discretionary surtaxes on documents, public service taxes, local business taxes, motor fuel and diesel taxes, convention development taxes, local option food and beverage taxes, and local option sales taxes. Update: The bill died in committee. We should expect to see this as a priori of the House Speaker. P209 Background: The Department of Transportation (DOT) and each local governmental entity that has jurisdiction and control of public roads or publicly owned rail corridors are authorized to prescribe and enforce reasonable rules or regulations with regard to theplacement and maintenance of utilityl facili- ties across, on, or within the right-of-way limits of any road or publicly owned rail corridors under its jurisdiction. Legislation: SB 59.6 (Hutson) and HB 687 (La Rosa) creates the Advanced Wireless Infrastructure Deployment Act, which establishes a process by which wireless providers may place certain "small wireless facilities" on, under, within, or adjacent to certain utility poles or wireless support structures within.public rights-of-way that are under the jurisdiction and control of an "authority" (i.e., a county or municipality). An authority is not allowed to prohibit, regulate, or charge for the collocation of small wireless facilities in the public rights-of-way, except as specified by law. An authority must process and issue permits for collocation subject to certain terms and conditions. A wireless infrastructure provider is also authorized to apply for a permit to place utility poles in the public rights-of-way to support the collocation of small wireless facilities. Position: The County advocated for a free market approach to determine the collocation fee of the small wireless facilities. Instead, the legislation calls for a $150 annual collocation fee. Effective: If signed by the Governor, it will take effect July 1, 2017. HOMESTEARExElVIi'T�r %r5• `::jib {•:•; •..{i. �: } X .. ... .....: ..: ., . ,.gin.',.,.- ',:-. �. ::1.,� - .:}•'.:;,,��•• Background: The Department of Transportation (DOT) and each local governmental entity that has jurisdiction and control of public roads or publicly owned rail corridors are authorized to prescribe and enforce reasonable rules or regulations with regard to the placement and maintenance of utilityl facili- ties across, on, or within the right-of-way limits of any road or publicly owned rail corridors under its jurisdiction. Legislation: SJR 1774 (Lee) and HB 7105 ( Ways and Means Committee) will allow a constitutional amendment to be placed onto the 2018 ballot that would increase the homestead exemption by ex- empting the assessed valuation of homestead property greater than $100,000 and up to $125,000 for all levies other than school district levies. Position: The County advocated that this idea is not a tax cut but rather a tax shift If the County re- ceives less funds from the ad valonun taxes, it will be forced to cut services or raise the millage. In doing so, the non -homestead property owners such as local businesses and renters will pay more. Effective: It will be placed on the 2018 ballot. If is passes, then it will take effect on January 1, 2019. 9 P210 Background: In 1972, the Florida Legislature elected to stop administering occupational license taxes at the state level and gave the authority to local governments. Local governments were then authorized to levy occupational license taxes according to the provisions of the "Local Occupational License Act." In 2006, 368 of the 404 municipalities and 52 of the 67 counties in Florida had some sort of local occupational license tax in place. Legislation: SB 330 (Steube) and HB 487 (Renner) proposed to authorize counties and municipalities to continue to levy local business taxes if resolution or ordinance was adopted before January 1, 2017, so long as the tax did not exceed $25.00. It also proposed to remove the authority for counties and municipalities to increase business tax rates and to impose additional business taxes in the future. Position: The County advocated against the legislation. Amended: The legislation was amended to allow for an exemption to the local business tax for hon- orably discharged veterans and their spouses, unremarried surviving spouses of honorably discharged veterans, active duty military service members' spouses, and low-income persons receiving public assis- tance, as defined in s. 403.2554, F.S., or having a household income less than 130 percent of the feder- al poverty level. Additionally, the bill provided an exemption for businesses with fewer than 100 peo- ple, if an individual to whom an exemption may apply owns a majority interest in the business. Finally, legislation would have allowed any municipality that imposes a business tax on the gross sales of all retail and wholesale merchants within the municipal jurisdiction to continue to impose such tax. Status: Died on the House Calendar. We should expect to see this again next session. .7.2 :CERTIFICAT.E PUBL IC: ,.CONVENIENCE° AND;':NECESSITY. COPCN Background: In Florida, pre -hospital emergency medical services are divided into two categories, Basic Life Support Services (BLS) or Advanced Life Support Services (ALS), the former involving non -invasive medical care to preserve a patient's vital signs, and the latter involving more invasive tech- niques (medications, intravenous fluids, etc.). An EMT or other first responder expected to provide either form of care must be licensed by the state's Department of Health. In order to be licensed, a Certificate of Public Convenience and Necessity (COPCN) must be granted to the applicant by the counties in which the applicant is planning to work. Even though it is a mandatory pre -requisite to obtaining DOH licensure, under current law, counties are allowed, but not required, to issue COPCNs and establish standards for the issuance of those certificates. Legislation: The following amendment was offered to HB 545: [a] lacensed basic or advanced l�e support ambulance service may provide nonemergency medical transportation services in permitted ambulances in any county not- aithstanding any ordinances relating to cerlifacates of public convenience and necessity or s. 401.25. Status: This amendment was withdrawn after strong objections from local governments. 10 P211 2 Background: A National Institute for Occupation -Safety and Health study of cancer among U.S. fire- fighters has shown higher rates of certain types of cancer among firefighters than the general U.S. pop- ulation. 45 These types of cancer were mostly digestive, oral, respiratory, and urinary cancers, although there were about twice as many firefighters with malignant mesothelioma, which is a rare type of can- cer caused by exposure to asbestos. Legislation #1: SB 158 (Latvala) and HB 143 (Fitzenhagen) proposed to create a cancer presumption for firefighters. Legislation #2: The following language was amended onto SB 1582 related to Workers Compensa- tion: "Notwithstanding any provision of this chapter (ch. 440), for firefighters, as defined in s. 112.81, multiple myeloma or non-Hodgkin's lymphoma are deemed to be occupational diseases that arise out of work performed in the course and scope of employment." Legislation #3: The cancer presumption language found in SB 158 and HB 143 was added to SB 7030 relating to Benefits and Salaries for Public Employees. Status: All three pieces of legislation died. We should expect to see this again next session. 8.2 C 1VIEDI =AI.,: 1VIARI A1V N Background. On November 7, 2016, Florida voters approved an amendment to the Florida Constitu- tion that allows the medical use of marijuana without any THC limit by patients certified by physicians as having a specified debilitating medical condition. The amendment authorizes Medical Marijuana Treatment Centers (MMTCs) to be marijuana providers. Legislation: The following bills .were filed to address various issues relating to implementing medical marijuana in the State of Florida: SB 406 (Bradley), SB 1844 (Governmental Oversight and Accounta- bility and Bradley), SB 614 (Brandes), SB 1666 (Braynon) and SB 1758 (Grimsley), SB 1388 (A.rdhes), SB 1472 (Galvano) and HB 1177 (Toledo), HB 1397 (Rodrigues), and CS/HB 7095 (Health and Hu- man Services Committee; Health Quality Committee; Plasencia). Status: All of the legislation died. We should expect to see this again next session. It is rumored that the failure of the legislation was caused by an internal conflict within the industry and between the two chambers. The issue pitted the already -established operators against businesses in and out of Florida seeking to break up what critics characterized as an established "cartel." There were two main sticking points — the number of licensed marijuana operators and how many retail lo- cations they should run. The Senate wanted to limit the number of dispensaries each operator could open, while the House — which originally backed an unlimited number of storefronts — preferred a more liberal approach that would have, at least temporarily, favored the current license -holders. 11 P212 Wit' y�-1 _ ...._ .. r_ t...,..:.., .::.:•� 7:5,a\^»r. � z,.�.-.- �4:-• x. `>^nr "y':i .iti,� 'i'�".. .: ... .. :.:... ,.. '. .-.;r.,..... ,".-.,.:.. .:...n: , <:,' `:\ %' t•:'R .;ate .i5,` . 8.3 OxEE H �.. C O EE B Background: The design of Lake Okeechobee requires lake levels to be kept low before the wet sea- son, to account for additional inflow to ensure that lake levels do not rise to dangerous levels, which could cause the dike to be breached. During a high rainfall event, water enters into the lake from direct rainfall, large basins, and other sources, which causes the water levels in the lake to rise six times faster than can be discharged from the lake. 102 The only outlets that are capable of quickly releasing the nec- essary volume of water from the lake are through the St. Lucie and Caloosahatchee Canals to the coastal estuaries. For the majority of 2016, Martin, St. Lucie, and Lee counties were under a state of emergency due to the negative effects of freshwater discharges from Lake Okeechobee on the coastal communities and ecosystems Legislation: SB 10 (Bradley) Establishes options for providing additional water storage south of Lake Okeechobee, including the: (1) Everglades Agricultural Area (EAA) reservoir project with the goal of providing a minimum of 240,000 acre-feet of water storage; and (2) C-51 reservoir project with the goal of providing approximately 60,000 acre-feet of water storage. Status: On May 9, 2017, the legislation was signed into law by the Governor and is effective immedi- ately. Please note U.S. Rep. Brian Mast will file a bill on May 11, 2017, to expedite Everglades restoration projects, including a reservoir south of Lake Okeechobee. His Everglades FIRST Act — it stands for Flow Increases Rely on Storage and Treatment — directs the Army Corps of Engineers to expedite work on reports needed for projects to increase water storage around Lake O and minimize discharges to the St. Lucie and Caloosahatchee rivers, and the harmful algal blooms they cause. O U ON 1N c3..n s �y. Background: At present, there is no comprehensive notice requirement that all releases of substances be reported under state law. There is also no requirement in current law that all such reporting be ac- cessible to the public. Legislation: SB 1018 (Grimsley) creates the Public Notice of Pollution Act. The bill defines a reporta- ble pollution release as a release to the air, land, or water that is discovered by the owner or operator of an installation, is not authorized by law, and is: (1) reportable to the State Watch Office; (2) reportable to the Department of Environmental Protection (DEP) or a contracted county pursuant to rules gov- erning storage tank systems; (3) reportable to the DEP pursuant to rules governing underground injec- tion control systems; (4) a hazardous substance; or (5) an extremely hazardous substance. The owner or operator of any installation where a reportable pollution release occurs must provide a notice of the release to the DEP. The notice must be submitted to the DEP within 24 hours after discovery of the reportable pollution release and must contain detailed information described in the bill about the in- stallation, the substance, and the circumstances surrounding the release. DEP is required to publish each notice to the Internet within 24 hours after the DEP receives it. The DEP must also create a sys- tem for electronic mailing that allows interested parties to subscribe to and receive direct announce- ments of notices received by the DEP. The penalties for not complying are up to $10,000 per day for violations of these notice requirements and authorizes the DEP to adopt rules to administer these pro- visions. Effective: If signed by the Governor, the law will go into effect on July 1, 2017. 12 P213 ...... ...... CO S RiJCT O I N' z i�. •��1: af�4,,.• y4+ _ Background: Local jurisdictions ensure compliance with the Florida Building Code. Local jurisdic- tions may set requirements for signs, and sign placement for local businesses by local ordinance. The Florida Department of Agriculture and Consumer Services regulates gasoline service stations in ac- cordance with ch. 526. There are approximately 9,000 gasoline stations within Florida. Federal fran- chise laws give prospective purchasers of franchises material information needed to weigh risks and benefits of such investments. Florida does not currently regulate private rights to contract related to franchising. Florida limits franchise regulation to antifraud, unfair trade practices, and creating rights for violations of federal franchise disclosure laws. Legislation: SB 1312 (Perry) and HB 1021 (Aliva). relate to construction. Among many other things, the legislation specifies that political subdivisions of the state may not adopt or enforce ordinances, or impose building permits or other development order requirements that: (1)Contain any building, con- struction, or aesthetic requirement or condition that conflicts with or impairs corporate trademarks, service marks, trade dress, logos, color patterns, design scheme insignia, image standards, or other fea- tures of corporate branding identity on real property or improvements thereon used in activities con- ducted under ch. 526, related to the sale of liquid fuels, or in carrying out business franchise activities, as defined by Federal. Trade Commission regulations in 16 C.F.R. ss. 436.1, et. Seq.; or (2)Impose re- quirements related to the design, construction or location of signage that advertises the retail price of gasoline in accordance with the requirements of ss. 526.111 and 526.121, F.S. The bill specifies that s. 553.79(20), F.S., doesn't affect design and construction requirements contained in the Florida Building Code. Additionally, the bill specifies that all local ordinances and requirements prohibited by s. 553.79 (20), F.S., are preempted and superseded and that s. 553.79(20), F.S., shall apply retroactively. Effective: if signed by the Governor, the law will go into effect on July 1, 2017. ,B.G VESSELS ...........:.. ...._ ... : , r Background: In 2009, the Legislature required the Fish and Wildlife Conservation Commission (FWC) to establish a pilot program to explore policy options for regulating the anchoring and mooring of vessels outside the boundaries of public mooring fields (pilot program). With the exception of those participating in the pilot program, local governments are prohibited from regulating the anchoring or mooring of vessels, other than live -aboard vessels, outside the marked boundaries of mooring fields. Legislation: SB 1338 (Book) and HB 7043 (Raschein) relate to vessels. Among other things, the legis- lation will allow a local government to enact and enforce regulations for the local government law en- forcement to remove a vessel that is affixed to a public dock that is abandoned or lost property pursu- ant to s. 705.103(1), F.S. Such regulations must require the local government law enforcement to post a written notice at least 24 hours before removing the vessel. Effective: If signed by the Governor, the law will go into effect on July 1, 2017. 13 P214 ,ts°-.,y. "3.• .<r%1'` Y;r; rx<: .;;„F.�`•:i.. :�• ul � �;;:':•';,:,<^.<;',:`;..::.:;:':.:: ra{.•,_�i?°•'.. ,::a"T . ,•;a'r;\' •> ,Le sl n�R' ¢ `ti $:.,_.. ; r- r: r; atio Blatin -fo Mut�cibal<Foarer em atton�'';'�r.,'.:.a; s,� �.::'h' -i ,a, .r: 'is.,. v'•!`::tea: .:.J:, .;L.,. r: Tya• r 'r+ t` it .:.Li •+d%'�' ;.`r.: x4 • x.`r ., . t....., ,. . ,..r. •. 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DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney 911 DATE: May 10, 2017 ATTORNEY SUBJECT: Resolution of Support for the Sale of the City of Vero Beach Electric Utility by the City of Vero Beach to Florida Power & Light BACKGROUND On May 16, 2017, the City of Vero Beach City Council will consider a letter of intent from FPL to purchase the entire City of Vero Beach electric utility. It is my understanding that FPL has offered $185 million to the City of Vero Beach (the "City"), which includes a payment 1) for the cost to exit the Florida Municipal Power Agency ($108 million); 2) for the cost to exit the power agreement with the Orlando Utilities Commission ($20 million); 3) for the City's electric utility bonds ($20.4 million); 4) for a one- time lease payment for the City's substation ($10 million); 5) for the City's pension liability ($6.6 million); and 6) of cash ($20, million). It is also my understanding that the offer includes an offer of employment to all qualified City electric system employees. For several years, the Indian River County Board of County Commissioners (the "Board") has supported the full sale of the City's electric utility to FPL, which will bring lower rates to the ratepayers of Indian River County. Thus, the County Attorney's Office has drafted this letter of support of the full sale. RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote to approve the resolution. ATTACHMENT. Resolution of. Support for the Sale of the City of Vero Beach Electric Utility by the City of Vero Beach to Florida Power & Light F: Unarney1L1nda*Z? WkB C CL4 rnd .NemwkFPL Sale afay 2017).do P216 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, URGING THE. CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA TO VOTE IN FAVOR OF THE FULL SALE OF THE VERO BEACH ELECTRIC SYSTEM TO FLORIDA POWER & LIGHT COMPANY; DIRECTING COPIES OF THIS RESOLUTION TO BE PROVIDED TO APPROPRIATE PARTIES. WHEREAS, on November 3, 1981, the Florida Public Service Commission approved a Territorial Agreement between the City of Vero Beach (the "City") and Florida Power & Light ("FPL") which established electric service areas for the City and FPL in Indian River County. Specifically, the electric service area for the City was defined to include the City itself, the Town of Indian River Shores, the south barrier island, and other unincorporated areas of the County, and the service area for FPL was defined to include all other areas of the County; and WHEREAS, approximately 61 % of the City's present customers reside outside the City of Vero Beach. The City has approximately 34,000 total customers, of which approximately 21,000 are non-resident customers. This percentage of non-resident customers (61 %) is believed to be the highest percentage of any municipal electric system in Florida; and WHEREAS, Indian River County, as well as several other taxing bodies such as the Town of Indian River Shores, the Indian - River County School Board and the Indian River County Hospital District, are customers of the City electric system and as such pay higher City rates. These increased costs result in higher taxes being imposed on Indian River County taxpayers; and WHEREAS, FPL has made an offer to buy the entire City of Vero Beach electric utility system for $185 million,; and WHEREAS, FPL has stated that the $185 million includes a payment 1) for the cost to exit the Florida Municipal Power Agency ($108 million); 2) for the cost to exit the power agreement with the Orlando Utilities Commission ($20 million); 3) for the City's electric utility bonds ($20.4 million); 4) for a one-time lease payment for the City's substation ($10 million); 5) for the City's pension liability ($6.6 million); and 6) of cash ($20 million); and WHEREAS, FPL has also offered employment to all qualified City electric system employees; and WHEREAS, the Board, as the elected representative of all residents of Indian River County, including, those customers of the City's electric utility whose residence or business is located outside of the City limits, has consistently supported the sale of the City's electric utility to FPL, having previously adopted supporting resolutions on several occasions supported the sale by the City to FPL; and F. WmvyUir)daIGZ DWIReso1mi $, Ordinm itemtuliom1CO{B a7ecWc UH60,Sde) Way 3017).4 Page 1 oft P217 RESOLUTION NO. 2017 - WHEREAS, the people of the City of Vero Beach have on numerous occasions shown that they wish their electric needs be provided with rates comparable to FPL, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. Position of the Board. The Indian River County Board of County Commissioners hereby urges the City Council of the City of Vero Beach to vote in favor of accepting the terms offered by FPL for the full sale of the City of Vero Beach electric utility: 2. A certified copy of this resolution shall be provided to the City Council of the City of Vero Beach. The foregoing resolution was moved for adoption by Commissioner , and motion was seconded by Commissioner and, upon being put to a vote, the vote was, as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of May, 2017. ATTEST: Jeffrey R Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller OF INDIAN RIVER COUNTY, FLORIDA Deputy Clerk F:1AttorneylL8ida1GQJOtALIRrmhrtlon� & Osdlnm�¢sU4evtudonslCO3B (FJecOtc UtAltySate) (MV 2017).dx By: Joseph E. Flescher, Chairman BCC approval date: May 16, 2017 Approved as to form and legal sufficiency: By: an Reingold, County Attorney Page 2 of 2 P218 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM �t'CYC�S� say Date: May 5, 2017 To: Jason E. Brown, County Administrator Thru: Vincent Burke, P.E., Director of Utility Services From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: WO No. 5 to Geosyntec for One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the Former South Gifford Road Landfill DESCRIPTIONS AND CONDITIONS: In accordance with the requirements by the Florida Department of Environmental Protection (FDEP), the former South Gifford Road Landfill site requires continual groundwater monitoring activities and required regulatory oversight to show that the County and the Solid Waste Disposal District (SWDD) are proactively taking efforts to remediate the site. On a positive note, FDEP approved in March 2017 the recommendation from Geosyntec in the last report to reduce the groundwater sampling frequency from semi-annual to an annual basis for 20 out of 28 wells, which has reduced the total costs significantly. FDEP requires submittal of the next semi-annual groundwater monitoring report no later than August 31, 2017 (to document results of the summer 2017 semi-annual sampling event included in the attached work order request). Previous sampling, reporting, and remedial events performed by Geosyntec have been completed on schedule and within budget. Accordingly, staff requested the attached proposal from Geosyntec per the Extension and Amendment of the Continuing Services Contract Agreement for Professional Services dated November 4, 2014, to provide groundwater monitoring and reporting for an additional one-year period and annual pollution remediation liabilities evaluation. ANALYSIS: Geosyntec's proposal includes two semi-annual monitoring and reporting events for the plume monitoring well network, as well as preparation of an annual pollution remediation liabilities evaluation. Geosyntec's proposal consists of five main tasks as follows: Task Description Budget Task 1: Project Management $4,726 Task 2: Meetings/Regulatory Interaction $5,142 Task 3: Annual Pollution Remediation Liabilities Evaluation $2,111 Task 4: Semi -Annual Sampling Activities $43,567 Task 5: Data Evaluation and Semi -Annual Reporting $15,910 Total $71,456 Task 1 includes project planning and management responsibilities. Task 2 includes meeting attendance and @BCL@70053567 Page —1— P219 interaction with regulatory agencies. Task 3 includes preparation of the annual environmental liability evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. Task 4 includes field preparation, groundwater sampling, and water level measurements (for a total of 88 wells). Task 5 includes data evaluation and semi-annual reporting. Overall, the current work order is less than the previous level of effort provided by Geosyntec. With implementation of changes to the sampling and reporting program recommended by Geosyntec and approved by FDEP (including a decrease in sampling frequency from semi-annual to annual for 20 wells approved by FDEP in March 2017), the cost of the sampling portion of the current work order is 15% less than the previous cost provided by Geosyntec even with additional effort included for FDEP-required performance and underground injection control (UIC) monitoring following the recent injection activities. FUNDING: Funding for this work is budgeted and available in account number 31521734-033490-03004, which is the one cent sales tax fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one cent sales tax in addition to infrastructure. Description Account Number Amount One Cent Sales Tax Fund — Infrastructure Needs 1 31521734-033490-03004 $71,456 RECOMMENDATION: Staff recommends that the SWDD Board approves and authorizes the Chairman to sign the attached CCNA- 2014 WO No. 5 authorizing Geosyntec to provide groundwater monitoring/reporting and related consulting services for the Former Gifford Road Landfill in compliance with FDEP requirements for a period of one year not to exceed fee of $71,456. ATTACHMENT: 1. Geosyntec CCNA-2014 WO No. 5 @BCL@70053567 Page — 2 — P220 WORK ORDER NUMBER 5 South Gifford Road Landfill This Work Order Number 5 is entered into as of this day of , 2017, 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 4th 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 Cons (tan 71C . By: "�-- — Title: Sr. Principal BOARD OF COUNTY COMMISISONERS OF INDIAN RIVER COUNTY By: , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney P221 EXHIBIT 1 PROFESSIONAL SERVICES engineers I scientists I innovators P222 Geqsptec'�' consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 70 Avenue SW Vero Beach, Florida 32968 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321.269.5880 FAX 321.269.5813 www.geosyntec.com 5 May 2017 Subject: Proposal to Provide One Year of Groundwater Monitoring/Reporting and Related Consulting Services Former South Gifford Road Landfill Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional services for Florida Department of Environmental Protection (FDEP)-required activities associated with continued implementation of the groundwater monitoring for the chlorinated volatile organic compound (CVOC) plume at the Former South Gifford Road Landfill located in Vero Beach, Indian River County, Florida (Site). This fee proposal is based on correspondence with the FDEP and discussions with IRC. As requested by IRC, this fee proposal includes budget to complete two semi-annual monitoring and reporting events for the plume monitoring well network, as well as related consulting services to prepare an annual pollution liabilities evaluation report for identified IRC -owned environmental liabilities and represent IRC during interactions with regulatory agencies. Geosyntec has prepared this proposal (professional services as Exhibit 1) as Work Order No. CCNA-2014 WO No. 5 for the Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec. The remainder of this letter provides an overview of the project background, a description of the proposed scope of work, a budget estimate, and a discussion of the schedule for accomplishment of the work described herein. PROJECT BACKGROUND As part of the long-term monitoring activities for the identified CVOC plume associated with the South Gifford Road Landfill, a network of monitoring wells will require sampling on an annual or semi-annual basis to: (i) confirm that the CVOC plume is not migrating by monitoring the lateral and vertical extent; (ii) evaluate the impact of source and dissolved plume bioremediation to assess CVOC plume centerline concentrations over time; and (iii) assess the impact of biological and physical natural attenuation processes on CVOC plume degradation. XR17051\PR17015 engineers I scientists I innovators P223 Mr. Himanshu H. Mehta, P.E. 5 May 2017 Page 2 Geosyntec consultants In consideration of the ongoing natural attenuation processes occurring at the site, the enhancement of these biological processes via the injection of an electron donor was proposed, and agreed to in concept by the FDEP in correspondence dated 2 August 2006. In response to FDEP's request and supported by groundwater monitoring results,, Geosyntec prepared a RAP Modification (RAPM) Addendum No. 3 (RAPM3) in May 2016 to propose a focused injection of EOS® in the vicinity of GR-MW30B and implemented the injection activities in April 2017. PROPOSED SCOPE OF WORK The proposed scope of work consists of semi-annual groundwater monitoring and reporting and related activities to be performed on behalf of IRC SWDD at the Former South Gifford Road Landfill. For the purpose of budgeting, the scope of work has been divided into the following tasks: • Task 1— Project Management; • Task 2 — Meetings/Regulatory Interaction; • Task 3 — Annual Pollution Remediation Liabilities Evaluation; • Task 4 — Semi -Annual Sampling Activities; and • 'Task 5 _ Data Evaluation and Semi -Annual Reporting. The remainder of this section presents a general description of the activities to be performed in each task. Task 1 — Proiect Management: Under this task, Geosyntec will perform project planning and management responsibilities, such as correspondence with IRC SWDD and FDEP, invoice review, project coordination, and project administration. The budget includes eight hours per sampling/reporting event for the project manager and two hours for the principal -in -charge. Task 2 — Meetings/Regulatory Interaction: Under this task, Geosyntec will prepare for and attend up to two meetings, with IRC SWDD, FDEP, and/or IRC Board of County Commission, as necessary. It has been assumed that one of these meetings will be in person and one meeting with be attended by conference call. Also, under this task, four hours has been included for the project manager to provide ongoing support to IRC SWDD related to interaction and negotiation with FDEP. Task 3 — Annual Pollution Remediation Liabilities Evaluation: As requested by IRC SWDD, under this task, Geosyntec will prepare the annual environmental liability evaluation. This document is prepared annually in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The XR17051\PR17015 engineers I scientists I innovators P224 Mr. Himanshu H. Mehta, P.E. 5 May 2017 Page 3 GeosyntecO' consultants objective of GASB No. 49 is to enhance the usefulness and comparability of pollution remediation obligation information reported by state and local governments. It has been assumed that the report will include evaluation of two sites, including South Gifford Road Closed Landfill (4701 41" Street) and Old Administration Building (1840 25th Street). Task 4 — Semi -Annual Sampling Activities: Under this task, Geosyntec will perform 2017 field activities related to the plume groundwater monitoring. The semi-annual activities will include field preparation, groundwater sampling, and water level measurements. Field preparation activities will include scheduling and staffing, subcontracting, coordination with the analytical laboratory, field equipment preparation, procurement of Passive Diffusion Bag (PDB) samplers, and notifying FDEP and Vero Beach Municipal Airport of the field schedule. In addition, as required by Chapter 62-528 of the Florida Administrative Code (F.A.C.), underground injection control (UIC) monitoring of GR-MW30B will be completed. A single performance monitoring well (MW -37C) was installed in conjunction with the RAPM3 implementation and will be included the in semi-annual sampling plan for analysis of bioremediation performance parameters, including dissolved gasses, total organic carbon, and dechlorinating microbial concentration. Geosyntec will perform the groundwater sampling activities associated with the CVOC plume monitoring wells. Sampling activities will be completed with a combination of PDB samplers and traditional low -flow sampling techniques. PDBs are anticipated to be purchased from EON Products, one of the few suppliers of this type of passive sampling device. Groundwater sampling activities will be executed using a two -person sampling crew and will be performed in general accordance with the FDEP Standard Operating Procedures (SOPS). The proposed annual field event will be conducted in summer 2017 (tentatively in June) and will include sampling of nine monitoring wells (five wells using PDBs and four wells with traditional sampling techniques). The annual field event is budgeted to include one day for groundwater sampling activities and one day for PDB deployment for the next sampling event (total of two field days each with two persons). The proposed semi-annual field event will be conducted in winter 2017 (tentatively in December) and will include sampling of 47 monitoring wells (38 wells using PDBs and nine wells with traditional sampling techniques). The semi-annual field event is budgeted to include a total ofthree days (with two persons) for groundwater sampling activities and PDB deployment for the next sampling event. Consistent field documentation and field protocols will be utilized to develop reliable data to support the natural attenuation evaluation for the groundwater plume. The groundwater samples will be analyzed in accordance with the sampling plan summarized in the December 2016 Semi -Annual Groundwater Monitoring Report and RAPM3 implementation plan. Geosyntec will conduct a complete round of groundwater level measurements coincident with each semi-annual groundwater sampling event (budgeted for one day with two -person field team for each event). Depth to groundwater measurements will be recorded to the nearest 0.01 -ft in each XR17051TR17015 engineers I scientists 1 innovators P225 Mr. Himanshu H. Mehta, P.E. 5 May 2017 Page 4 Geosyntec consultants monitoring well, including existing monitoring wells and applicable City of Vero Beach wells (assumed up to 88 wells per event). It is anticipated that purge water (investigation -derived waste [IDWJ) will be containerized in 55 - gallon polyethylene drums and temporarily staged on Site for characterization prior to removal and disposal. Costs are included herein for two 55 -gallon polyethylene drums and oversight of drum disposal concurrent with one of the sampling events. Overall, budget has been included for seven field days with a two -person team (i.e., 14 man days) and associated field expenses for sampling, plus four hours for IDW management. Task 6 — Data Evaluation and Semi -Annual Reporting: Under this task, Geosyntec will perform data evaluation activities and reporting. The reporting includes .preparation of one semi-annual report (simplified format) and one annual report for submittal to FDEP. The annual report will be consistent with the groundwater monitoring reports historically submitted to FDEP for this Site and the data evaluation activities will include database management, screening results against applicable regulatory criteria, GIS figure preparation, time trend analyses, and/or statistical data analyses. This report will be prepared following the summer groundwater sampling event. The annual report will be supported by attachments containing Chain -of -Custody sheets, field notes and observations, water sampling logs, maps, graphs, analytical results, and any other applicable materials. The semi-annual report will be a letter report with attachments, including a monitoring well location map and tables of the field and laboratory results. Data evaluation activities for the semi- annual report will include database management, screening results against applicable regulatory criteria, and summary data table preparation. This report will be prepared following the fall/winter groundwater sampling event. The draft annual and semi-annual .reports will be submitted to IRC SWDD for review prior to submittal to FDEP. Each final report will be signed and sealed by a Florida registered professional engineer or geologist. SCHEDULE Geosyntec will conduct the groundwater monitoring and reporting activities on a semi-annual basis as described herein. The semi-annual groundwater monitoring events will be tentatively conducted in June and December 2017. XR17051\PR17015 engineers I scientists I innovators P226 Mr. Himanshu H. Mehta, P.E. 5 May 2017 Page 5 BUDGET ESTIMATE Geosynteccl consultants A budget estimate for the scope of work outlined in Tasks 1 through 5 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment A. The budget estimate presented in this proposal is based on Geosyntec's understanding of the project requirements, our experience gained from executing similar tasks for SWDD since 2002 at the Site, and experience with groundwater monitoring and reporting activities at similar facilities. Geosyntec will not exceed the budget estimate without prior approval and written authorization from IRC SWDD. Task 1 —Project Management $4,726 Task 2 — Meetings/Regulatory Interaction $5,142 Task 3 — Annual Pollution Remediation Liabilities Evaluation $2,111 Task 4 — Semi -Annual Sampling Activities $43,567 Task 5 —Data Evaluation and Semi -Annual Reporting $15;910 TOTAL $71,456 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 Ms. Johnson's attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely, rw. w , ►vv�Johnson, P.G. Senior Hydrogeologist C i Lange bch, BCEE, P.E. Senior Principal Attachments XR170511PRI7015 engineers I scientists I innovators P227 ATTACHMENT A BUDGET ESTIMATE engineers I scientists .I innovators P228 PR17015 Table 1 MAY 2017 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 1: Project Manatsement " ITEM BASIS RATE QUANTITY' "ESTIMATED - BUDGET OMAN iiG?' .e�m Senior Principal hr $226 2 $452 Senior Project Geologist hr $188 18 : $3,384 Subtotal Professional Services .$3,836 Administrative Assistant hr $94 8 $752 Subtotal Technical/Administrative Services . M2 . Communications.Fee 3%1 or 0.03 1 4,588 $138 Subtotal Rcimbursables $138 Oc-W Wl r r D- lR- Q V'.',�Pfif ,6W Geosyntec Consultants P229 PR17015 Table 2 MAY 2017 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 2: Meetines/ReEulatory Interaction ITEM' BASIS "RATE ` QUANTITY -ESTIMATED,j BUDGET . M Senior Project Geologist hr $188 18 $3,384 Engineer hr $134 12 $1,608 Subtotal Professional Services $4;992 ma Communications Fee 3% labor 1 "0.03. 1 4,992 $150 Subtotal Rcimbursables' $150 �Mgll 4w Geosyntec Consultants P230 PR17015 Table 3 MAY 2017 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 3: Annual Pollution Remediation Liabilities Evaluation ITEM ` ` - BASIS RATE QUANTITY "ESTIMATED BUDGET 1R� AII er"006 MAI' J EN M&UN-1t 21011?` ._ 19 Senior Principal hr $226 2 $452 Senior Project Geologist hr $188. 2 $376 Project Engineer hr $154 0 $0 Geologist IN $134 0 $0. $eniorStaff Geologist _ hr $1.19 0 $0 Staff,Engineer hr $101 10 $1,010 Subtotal Professional Services $1,838 -�rr� B aT►echgical;, dmintstra�hpc,, orvj x i �T� 'wm m Designer/GTS hr $138 0 $0 Administrative Assistant hr $94 2 $188 Subtotal Technical/Administrative Services $188 CommunicatiJons Fee 3% labor 0.03 2,026 $61 CADD Computer System hr $15 0 $0 8.5"xl V Photocopies each $0.12 199 $24 Subtotal Reimbursables .$85 Geosyntec Consultants P231 PR17015 Table 4 MAY 2017 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 4: Semi -Annual Sampling Activities ITEM BASIS RATE QUANTITY .ESTIMATED BUDGET Senior Project Geologist hr $188 4 $752 Geologist hr $134 16 $2,144 Senior Staff Geologist hr $119 100 $11,900 Subtotal Professional Services $14,796 cnti c W,r i t ati cr:vi � .srx �.x#�'.;;:�-�'' ����,r� AN +A Field Superintendent. hr $119 100 $11,900 Administrative Assistant hr $94 2 $188 Subtotal Technical/Administrative Services $12,088 •.;''S 9Ct.% 'z v�''"$ s +^ 'C+` , °il��'- �`,u`�? � Laboratory Analysis for VOCs each $59 62 $3,649 Laboratory Analysis for TOC each $27 5 $134 Laboratory Analysis for Dissolved Gases each $80 6 $482 Laboratory Analysis for UIC parameters each $163 2 $325 Laboratory Analysis for Dhc each $305 2 $610 Laboratory Analysis for vcrA each $90 2 $180 Subtotal Services $5,379 6SCiH'�wu� iSa � �i3.71 7s �� OWN gS,ubcjo�ntr�ga�ctor K 9=90,51-11 PDBs for Summer event quote $32 5 $160 PDBs for Winter event quote $32 38 $1,218 Drums each $50 2 $100 Drum Transport each $963 2 $1,926 Lodging day $134 14 $1,876 Per Diem day $59 14 $826 Communications Fee 3% labor 0.03 $26,884 $807 Field Vehicle day $80 14 $1,120 8.5"xIV Photocopies each $0.12 160 -$19 Overnight Cooler each $95 4 $380 Groundwater Sampling Kit (per sampler) day $300 8 $2,400 Water Level Measurement Kit (2 person team day $55 2 $110 PDB Deployment Kit day $100 2 $200 Equipment ShippingE each $54 3 $162 Subtotal Reimbursables $11,304 Eff NOARMMAN- La;ES._ 1 B. P' '5 4 $43;SG Notes: 1. Lodging and per diem rates were taken from the GSA wabsite for the Vero Beach area (www.gsa gov). 2. Groundwater Sampling Kit includes two sets of the following: water level indicator, peristaltic pump, water quality meter (pli, temperature, conductivity, dissolved oxygen, and ooddation reduction potential), turbidity meter, tubing, and miscellaneous field supplies 3. Water Level Measurement Kit includes: water level indicator and miscellaneous field supplies. 4. PDB Deployment Kit includes: miscellaneous field supplies necessary to suspend and deploy PDBs. 5. UIC parameters include total recoverable petroleum hydrocarbons, polysorbate 80 surfactant, sodium, chloride, and total dissolved solids Geosyntec Consultants P232 PR17015 Table 5 MAY 2017 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 5: Data Evaluation and Semi -Annual Reporting - ITEM- BASIS " RATE QUANTITY ESTIMATED BUDGET WMERS Senior Principal hr $226. 2 $452 Senior Project Geologist hr $188 12 $2,256 Geologist hr $134 30 $4,020 Senior Staff Geologist hr $119 40 $4,760 Subtotal Professional Services $11,488 B' ethnical% c7m! t c �? � R.T. `s W- W. W Designer/GIS hr $138. 18 $2,484 Technical/Administrative Assistant hr $94 8 $752 Subtotal Technical/Administrative Services $3,236 Cu bl i M- -M � fiNwd Communications Fee 3% labor 0.03 $14,724 $442 GIS Computer System hr $10 18 $180 Specialized GIS/Database Computer Systems hr $20 . 18 $360 8.5"k11"Photocopies each $0.12 500 $60 GIS Photocopies each $3 48 $144 Subtotal Reimbursables $1,186 ������'�.�`=�'�'`r•Y.n.��'R`b.��ES'�"�'III�'A31B:.C�D�(`�,Tr��!;�'1'LH��S: �r�$�`�d�Ilo;... Geosyntec Consultants P233 Summary of Project Budgets for Gifford Road Landfill through April 2017 r. u..a =! IIlu", U! I g ar- re EILEU eNul Ll 116 aulvnleS nlgnogntea in grey are penamg IRL approvaI. P&T "Big Dig" GW Monitoring Semi -Annual Bioremediation Redevelopment- Redevelopment - Year Assessment Remediation Remediation Field Activities Groundwater Implementation/ Related Activities TOTAL Related Activities Reporting Re ortin IRC TCRPC 1499-2000 $181,421 $181,421 2000-2001 $184,182 $388,795 $572,977 2001-2002 $135,574 $90,284 $787,093 $1,012,950 2002-2003 $222,937 $44,491 $267,428 2005-2007 $27,897 $119,323 $89,699 $235,914 2008-2009 $4,592 $53,496 $43,732 $198,303 $300,123 2009-2010 $53,496 $43,732 $97,228 2010-2011 $125,802 $56,809 $155,768 $338,379 2012 $65,508 $37,212 $102,720 2013 $70,744 $56,753 $127,496 2014 $17,544 $26,881 $20,006 $8,477 $72,908 $72,000 2015 $46,537 $35,460 $86,018 $168,016 2016 $51,770 $40,790 $79,543 $172,103 $49,500 2017 $43,567 $27,889 $71,456 TOTAL $505,768 $524,519 $787,093 AI n4c• Tke 7/11 '7 ., ...I_,.t i_...r $880,061 $496,573 $433,614 $94,495 $3,722,123 $121,500 r. u..a =! IIlu", U! I g ar- re EILEU eNul Ll 116 aulvnleS nlgnogntea in grey are penamg IRL approvaI.