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HomeMy WebLinkAbout10/10/2017BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 10, 2017 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph E. Flescher, Chairman, District 2 Peter D. O'Bryan, Vice Chairman, District 4 Susan Adams, District 1 Bob Solari, District 5 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Stan Boling, Community Development Director 3. PLEDGE OF ALLEGIANCE Jason E. Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation and Retirement Award Honoring Jeffrey Valentino on His Retirement From Indian River County Board of County Commissioners Department of Emergency Service/Fire Rescue Division with Thirty Years of Service Attachments: Proclamation Service Award 5.B. Presentation by Sergeant Curtis Paulisin, Vice President and Outreach Director, Veterans Council of Indian River County, on Family and Community 3rd Annual Picnic Saturday, October 21st, 2017 Attachments: Veterans 3rd Annual Picnic Flyer October 10, 2017 Page 1 of 5 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Fairgrounds License Agreement - State of Florida, Department of Children & Families Services - Disaster SNAP Program Attachments: Staff Report Indian River County Fairgrounds License Agreement DCF Disaster SNAP Food Assistance Program 8. CONSENT AGENDA 8.A. Appointments to the Economic Opportunities Council of Indian River County, Inc. Attachments: Staff Report 17.09.28 EOC Committee Appointments w Ltr Notice -Attach 8.B. Fiscal Year 2017/2018 Blanket Authorization for Commissioners, County Officers, and Staff for Out of County Travel Attachments: Staff Report 8.C. Out of County Travel to Attend the 2018 Governor's Hurricane Conference to be held May 13 to 16, 2018 in West Palm Beach Attachments: Staff Report Florida Governor Hurricane Conference Registration Form Florida's EM and Hurricane Conference - Why You Should Attend the GHC 8.D. Authorization to Attend FGFOA and GFOA Annual Conferences and FGFOA School of Government Finance Attachments: Staff Report 8.E. Authorization to Attend Public Funds Investment Seminar Attachments: Staff Report Public Funds Investment Seminar 8.F. Release of Retainage - Donadio and Associates Architects, P.A. Amendment No. 3 to Indian River County Public Shooting Range Hunter Education Classroom Attachments: Staff Report Donadio and Associates Architects, P.A. Invoice No. 2015-67.015 October 10, 2017 Page 2 of 5 8.G. David Krebs' Request for Release of Easements at 11655 Old Dixie Highway (Sebastian Grove Estates Subdivision) Attachments: Staff report Maps depicting easements Proposed resolution releasing easements 8.H. Seafood Atlantic Inc.'s Request for Release of Easements at 11628 High Street (Sebastian Grove Estates Subdivision) Attachments: Staff report Maps depicting easements Proposed resolution releasing easements 8.I. Utility Easement Purchase Agreement Attachments: Staff Report Agreement to Purchase and Sell Real Esate between IRC and Halls 8.J. Approval of Agreements for Continuing Environmental and Biological Support Services for Engineering Projects RFQ# 2017053 Project No. IRC -1720 Attachments: Staff Report Ecological Associates, Inc. Agreement and Fee Schedule Environmental Science Associates Agreement and Fee Schedule GK Environmental, Inc. Agreement and Fee Schedule Kimley-Horn & Associates, Inc Agreement and Fee Schedule 8.K. Release and Satisfaction of Demolition Lien (Lot 1, Albrecht Grove Subdivision) Attachments: Staff Report Release and Satisfaction of Lien 8.L. Partial Satisfaction of Demolition Lien (Lot 7, Less the East 70 feet thereof, Block 14, Tropicolony, Inc. Number Four) Attachments: Staff Report Partial Satisfaction of Lien 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Ardra Rigby and Bill Rigby Regarding Drainage in Wabasso Community Attachments: Request to Speak Form October 10, 2017 Page 3 of 5 C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Meetings of the Indian River County Board of County Commissioners - Proposed 2018 Meeting Dates Attachments: Staff Report Draft 2018 BCC Meeting Dates 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 F. Public Works 12.F.1. Update on the ongoing Pilot Plant Study for a Full -Scale Managed Aquatic Plant Pollutant Removal System Treating Water from the North Relief Canal Attachments: Staff Report Pilot Plant Presentation G. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman 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. Emergency Services District B. Solid Waste Disposal District October 10, 2017 Page 4 of 5 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. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. October 10, 2017 Page 5 of 5 PROCLAMA TION HONORING JEFFREY VALENTINO ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WHEREAS, Jeffrey Valentino retired from Indian River County Fire Rescue effective September 21, 2017; and WHEREAS, Jeffrey Valentino began his career on October 16, 1987, as a Firefighter. Within two years he obtained his EMT and Open Water Diver certifications and within 10 years was promoted to Driver/Engineer, serving in that capacity until his retirement; and, WHEREAS, Jeffrey Valentino has served. this County .and the Public with distinction and selflessness. During his thirty years of service, he received numerous commendations; multiple awards for cardiac saves; dozens of gratitude letters from the public. In addition, his co-workers and a former Chief praised Jeffrey's "generous willingness to work prodigiously in accomplishing assigned tasks with positive energy and dedication." His commitment to both duty and his fellow man has been admired and greatly appreciated by his employer, his co-workers and the citizens of our community alike; and, NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,. FLORIDA, that the Board applauds Jeffrey Valentino's efforts on behalf of the County, and the Board wishes to express their deepest gratitudefor the dedicated service he has given to Indian River County for the last thirty years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend their sincerest wishes for success in his future endeavors. Adopted this 10th day of October 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Jeph E. Flescher, Chairman P1 This is to certfy tfiat Jeffrey vaCentino is fiere6y presented this WoirementAward for outstanding performance and faitfifu(serr'ice to Indian River County Board of county Commissioners For thirty years of service On this 21st Day ofSeptem6er2017 Jo( -in Joseph E. Flesclier `'r or ofE ency Services oard of County Commissioner, Chairman Vet rnns €obit i) autism River. County 3 5 6. int n 1v it u J SATURDAY OCTOBER 21,2017 11AM-3 PM Gifford Park 43th Ave and 48 Pi, Vero Beach, Fi FREE Hot Dogs, Chicken, Beans, Sodas, Juice Boxes, Chips. along with all the trimmings For details. call Al Davis, American Legion Post 181 at 772.5.38.7347 Hosted By: Vietnam Veterans of Indian River County, American Legion Post 181, Veterans Council of Indian River County Printed by the Indian River Sheriff's Officer Inmate Design Publication Program P3 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services INFORMATIONAL ITEM 7-g Date: To: Thru: From: October 3, 2017 The Honorable Board of County Commissioners Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Subject: Fairgrounds License Agreement — State of Florida, Department of Children & Families Services — Disaster SNAP Program DESCRIPTIONS AND CONDITIONS: In response to Hurricane Irma and the declaration of the State of Emergency by the Governor, the Florida Department of Children & Families Services is administering the Disaster Supplemental Nutrition Assistance Program (D -SNAP) (also known as Food for Florida) throughout the state. A location for Indian River County that could accommodate the number of individuals who may apply for benefits under this program was sought. Because of the size and location, the Indian River County Fairgrounds was the preferred location to host the Indian River County D -SNAP program. Up to 80,000 individuals are identified as being eligible for the program in Indian River County and an anticipated 20,000 individuals are expected to attend the registration process from October 6-10, 2017. The D -SNAP program provides short-term food assistance benefits to families who were living or working in the disaster area at the time of the disaster. Eligible individuals and families must have suffered a disaster -related loss, such as damage to their homes or self- employment property, loss of food, reduction or loss of income, or have incurred other disaster related expenses. Eligible households receive one month of benefits, equivalent to the maximum amount of benefits normally issued to a SNAP household of their size. The Fairgrounds License Template Agreement was modified to waive fees and modify certain insurance requirements. The modified agreement was approved and signed by the Assistant County Administrator, Michael Zito, under Jason Brown's authority pursuant to Resolution 2016- 120. The Fairgrounds Agricultural Expo Pavilion, parking and restrooms will be utilized by the Department of Children and Family Services from October 3, 2017 -October 1, 2017, for the purposes of the D -SNAP program. All fees have been waived for this event. Attachments: Attachment A — Executed Fairgrounds License Agreement Attachment B — D -SNAP Information P4 INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT License Preparation Date: 10/3/2017 Organization: State of Florida Department of Children and Families, Southeast Region Address: 337 NORTH US HWY. 1, SUITE A City/State/Zip Code: FORT PIERCE, FL 34990 Name of Event: STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES DSNAP program Load -In Date/Time: loam- October 3, 2017 License Duration: 10/3/2017-10/11/2017 Contact Name: Vern Melvin Phone:772-801-9246 E -Mail: vern.melvin@myflfamilies.com Expected Attendance: 20,000 Load -Out Date/Time: 11:59pm — October 11, 2017 WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Fairgrounds, located in Indian River County, Florida, (the "Fairgrounds"); and WHEREAS, the County has the authority to issue and/or execute, and STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the utilization of the Fairgrounds, which Applicant has inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper certification, licensure, insurance, permits and all other requirements pursuant to federal, state and local laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated herein, and to satisfactorily perform its obligations as herein required; and WHEREAS, the Applicant acknowledges that the use of the Fairgrounds is subject to and expressly conditioned by section 205.04 (Permits) and section. 205.09 (Sale and consumption of alcoholic beverages at designated recreational facilities), of the Indian River County Code of Ordinances, if applicable at the time of the License Duration, which are hereby incorporated by reference when applicable; NOW, THEREFORE, for and in consideration ;of the use of the Fairgrounds and other valuable consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual covenants herein contained, the parties, as indicated by their authorized representatives' signatures below, hereby agree to the terms and conditions set forth herein: A. PARK, PREMISES & EVENT SCHEDULE: 1. This Indian River County Fairgrounds License Agreement ("License Agreement") applies to all events for the use of the Fairgrounds. The areas, personnel and facilities of the Fairgrounds Fairgrounds License Agreement Initials Page 1 of 12 October 3, 2017 P5 which Applicant may apply for a permit, license, or use hereunder are more particularly described as I. Facilities (See Exhibit A) a. ❑ Acreage o 0-5 o 6-10 ❑ 11-40 ❑ 41+ b. ❑ Expo Center c. o Expo Open Air Pavilion d. X Agricultural Pavilion e. ❑ Entertainment Building f. o Cook Shed g. o RV Hook-up II. o Amenities o Large Bleachers o Small Bleachers o Small Stage o Stage Risers #(1-6) o Trans -Stage o without canopy o with canopy o 10X20 Tent # o Light Towers o Picnic Tables o Hoses/Sprinklers o Serving Carts o Tables (30"X96") w/chairs# o Chairs only # o Marquee # weeks o Internet Access o Golf Carts # o Expo Pavilion Curtains o Fire Extinguishers # oMidway Electric (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. III. Personnel o Parks Division Staff IV. Permits X Fairgrounds Use Permit ❑ Alcohol Permit 2. Applicant may use and have access to the Premises for a period, commencing at 12:01 AM, on the 3RD day of OCTOBER, and ending at 11:59 PM, on the 11TH day of OCTOBER Fairgrounds License Agreement Initials Page 2 of 12 October 3, 2017 P6 2017, ("License Duration"), which License Duration shall include Event set-up, removal and clean-up. B. AUTHORIZED USE, TERMS & CONDITIONS: 1. The Premises are to be used by Applicant for the STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES DSNAP program (the "Event"), DSNAP program. (a) The Event may include the following activities: HURRICANE IRMA RELIEF BENEFITS. (b) The hours of the Event shall be: OCTOBER 6 — 10; OPEN TO THE PUBLIC 7 AM TO 6 PM; SATURDAY: 7 AM TO 5 PM. RELIEF WORKERS WILL BE ON SITE BEFORE AND AFTER THE PUBLIC EVENT EACH DAY TO FACILITATE THE EVENT FROM 5 AM TO 9 PM. (c) The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by Applicant and given by the County which approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such request is submitted at least 90 days prior to the beginning of the License Duration. Such change may result in a modification of the insurance requirements set forth in B. 17. 2. Reserved. 3. Reserved. 4. Rent, costs and expenses are waived. 5. Reserved. 6. Applicant shall be financially responsible for all charges for all materials, personnel, services and equipment that the county furnishes for the Event. Applicant shall also be financially responsible for all charges for all materials, personnel, services and equipment that are provided by non - county agencies associated with this Event (i.e., stagehands, sound/light companies, ushers). 7. This License Agreement is not a permit. As set forth in sections 205.04 (Permits) and 205.09 (Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the Indian River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds use permit and alcohol permit, which collectively require the Applicant to timely obtain approvals of plans, including but not limited to, adequate sanitation facilities and, sewage disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate security and traffic control. Applicant shall be responsible for all costs associated with such facilities and services. 8. The County shall have the right, after coordination with the Applicant's authorized representative, to determine in its sole discretion the level of County staff necessary to service the facilities during the License Duration. Applicant shall be responsible for all additional costs for County staff and Applicant may request additional staff as needed. 9. Reserved. Fairgrounds License Agreement Initials Page 3 of 12 October 3, 2017 P7 10. Applicant (including all artists, performers, entertainers, sound technicians, employees, and subcontractors of Applicant, and any other participating in the production of the Event) shall comply and ensure compliance with the following during the Event: (a) The hours of event production and sound checks utilizing amplified sound in the Fairgrounds are restricted to: i. Sunday thru Thursdays from 10:OOam-6:OOpm with a minimum of one thirty (30) minute intermission. ii. Fridays and Saturdays from l0am-10:59pm with a minimum of one thirty (30) minute intermission. (b) The starting hours listed above may be adjusted to begin earlier upon approval of the County. (c) The location and arrangement of the stages and sounds systems shall be in accordance with the Stage Configuration Map as detailed by Applicant and approved by the County. The preliminary Stage Configuration Map and a Site Plan shall be provided to the County thirty (30) days prior to the Event and a final Stage Configuration Map and Site Plan no less than fifteen (15) days prior to the Event. (d) Sound attenuation blankets or sound walls may be required to be erected at the rear of any temporary stages. Such temporary stage installations shall be installed in such a manner so as to minimize the noise impact on surrounding residential properties. (e) Applicant shall obtain stage inspection, documentation and certification in accordance with industry standard. Applicant shall provide copies of documentation reflecting certification within 24 hours of Event. Applicant shall also allow the County to inspect the stage construction. Such inspection shall occur no later than 24 hours prior to the Event. Any cost associated by the County's inspection shall be at the sole cost of the County. The County shall make inspector(s) available at a mutually agreeable time. Failure to timely inspect the Stage by the County shall not preclude Applicant from proceeding with the Event. 11. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be voidable by the County at any time during the License Duration. Undisclosed and unpermitted activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages, penalties and other legal and equitable remedies including, but not limited to full payment under this License Agreement. 12. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises without the express prior written consent of the Assistant County Administrator or his/her designee. 13. SEE ADDENDUM ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN: In the event that the Premises or any other portion of the Fairgrounds are not vacated and cleaned by Applicant at the end of the License Duration, the County is hereby authorized to remove from the Premises or any other portion of the Fairgrounds, at the expense of Applicant, all goods, wares, merchandise and property of any and all kinds and descriptions placed or permitted therein by Applicant and which may be then occupying the same, and County shall not be liable for any damage or loss to such goods, wares, merchandise or other property which may be sustained either by reason of such removal or of the place to which it may be removed. Fairgrounds License Agreement Iniliais Page 4 of 12 October 3, 2017 P8 Applicant hereby expressly releases County from any and all such claims for damages of whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at Applicant's expense as to any claims for damages by third parties having interests in such goods, wares, merchandise and property, including costs and attorney's fees. 14. SEE ADDENDUM ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN: Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not limited to properly covering any and all power cords; (ii) comply with all federal, state and local laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful purpose or in any manner that may result in or cause harm and/or damage to persons or property; (v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show -bills, lithographs, posters or cards of any description inside or in front of, or on any part of the Premises, except with the prior written consent of County, which consent shall not be unreasonably withheld, conditioned, or delayed; and (vi) deliver to the County the Premises in as good a condition and repair, including all necessary trash or waste removal, as the same shall be found at the beginning of the License Duration. Additionally, Applicant: (a) assumes all costs arising from the use of patented, trademarked or copyrighted materials, equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's expense from all suits, actions, proceedings, damages, costs and expenses in law or equity, including attorney's fees, for or on account of any patented, trademarked or copyrighted materials, equipment, devices, processes or dramatic rights furnished or used by Applicant or its employees, invitees, licensees, contractors, assignees, performers, contestants and exhibitors, in connection herewith. (b) shall not alter landscaping, fencing or any permanent structure nor shall there be any obstruction to ingress and egress to and from the Premises without the express written consent by the County. (c) acknowledges that the County shall have the sole right to collect and have the custody of articles left at the Premises by persons attending any Event given or held on the Premises, and Applicant or any person in Applicant's employ shall not collect or interfere with the collection or custody of such articles. (d) acknowledges that the County reserves the right to eject any persons reasonably deemed violent or otherwise dangerous to health, safety and welfare. (e) acknowledges that the County may immediately terminate the Event if the National Weather Service issues a severe weather warning, or imminent severe weather conditions develop in the area indicating a risk to public safety, or a state of emergency has been declared. Applicant hereby waives any rights and all claims for damages against the County that may result from the exercise of the rights reserved herein. (f) represents and warrants to the County that Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors and performers by their speech, song, music, Fairgrounds License Agreement Initials Page Sof 12 October 3, 2017 P9 conduct or mariner will not violate or incite others to violate any statute, law, ordinance, rule, regulation or order of any federal, state, municipal or other governmental authority. 15. The County and its officers, agents and employees engaged in the operation and maintenance of the Premises reserve the right to enter upon and to have free access to the Premises at any and all times, which reservation is hereby acknowledged and agreed to by Applicant. 16. SEE ADDENDUM ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN: Applicant releases and forfeits any right of action against the County or its members, officials, employees and agents from any liabilities, claims for damages, losses, and costs which arise out of or in connection with the Event and to the fullest extent permitted by law, indemnifies, defends and saves the County and County's members, officials, officers, employees and agents harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in, any way connected with the Event irrespective of negligence, actual or claimed, upon the part of the County, its agents and employees, except where caused by the willful and wanton acts of County officials, officers, employees and agents, and (2) from all expenses incurred by the County for police protection, fire protection and emergency medical services, restoration and clean up, sanitation and maintenance costs and expenses that are required to preserve public order and protect public health, welfare and safety on the Premises of the Event. 17. SEE ADDENDUM ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN: At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's liability submit certificates of insurance naming "Indian River County, FL" as additional insured and shall: Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts not less than stated below: Schedule Limits Commercial General Liability — No more restrictive than ISO Form CG0001 (including property damage, personal injury, products / comp. ops. agg., premises, operations, and blanket contractual liability, and host liquor liability) $1,000,000 Each Occurrence Combined Single Limit (The County and County's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage). In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is specifically applicable to the automobiles): Automobile Liability (all automobiles -owned, hired or non -owned) $500,000 Combined Single Limit Fairgrounds License Agreement Initials Page 6of12 October 3, 2017 P10 In the event the Applicant hires employees for the Event or is otherwise required to carry workers' compensation insurance, the Applicant will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. Applicant will assume responsibility for Applicant's discretion in confirming that all of the Applicant's contractors or subcontractors engaged in work for the Event have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage: Workers Compensation Florida Statutory Coverage Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. Employer's Liability $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Each Employee/Disease In the event that any services or activities of a professional nature are provided, and Risk Management determines the coverage is necessary, pursuant to (k) below: Professional Liability (Errors and Omissions) 1$1,000,000 Each Occurrence/Claim In the event that children will be supervised in connection with the Event and Risk Management determines the coverage is necessary, pursuant to (k) below: Sexual Molestation Liability 1$1,000,000 Each Occurrence/Claim In the event alcoholic beverages, including beer and wine, will be served, sold, consumed or otherwise allowed at the Event, the entity serving or selling the alcoholic beverages must have the following. coverage: Liquor Liability 1$1,000,000 Combined Single Limit (b) Participants — Except as set forth below, the Applicant shall assume all responsibility for Applicant's discretion in obtaining, if any, insurance from the Event's contributing participants and subcontractors (such as caterers, vendors, production companies, entertainers, sponsors) in the types and amounts necessary to adequately protect the County and the County's members, officials, officers, employees and agents. (c) Primary and Non -Contributory — The Applicant's insurance will apply on a primary basis and will not require contribution from any insurance or self-insurance maintained by the County. Fairgrounds License Agreement Initials Page 7 of 12 October 3, 2017 P11 (d) Deductibles — The deductibles of the insurance policies applicable to the Event shall be deemed customary and the responsibility of the Applicant and any named insureds. (e) Additional Insured — The Applicant's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the Event. (f) Reporting Provision — The Applicant's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Applicant shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (g) Duration — Notwithstanding anything to the contrary, the Applicant's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. (h) Sovereign Entities — State and federal agencies eligible for sovereign immunity may submit a statement of self-insurance for liability as allowed by the applicable state or federal statute. Such statement will be acceptable in place of insurance requirements defined herein. (i) Financial Responsibility — Applicant shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with .an A.M. Best Rating of A -VII or better. Applicant must maintain continuation of the required insurance throughout the Event, which includes load -in, setup, tear down, and load -out. (j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement 30 days prior to the Event Date. Upon written request, the Applicant shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies with this License Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after receipt of written notice by the County from the Applicant or the Applicant's insurance company. (k) Discretionary Authority — Depending upon the nature of any aspect of any event and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. (1) Applicant is required to immediately notify the County of any incident, accident, occurrences and/or claims made in connection with the Event. Fairgrounds License Agreement Initials Page 8 of 12 October 3, 2017 P12 18. Applicants seeking a permit for the sale and consumption of alcoholic beverages per section 205.09 of the Indian River County Code of Ordinances shall submit the purveyor's name no less than 45 days prior to the Event to the County. At least 30 days prior to the Event, the Applicant shall submit copies of the alcohol vendor's required state alcoholic beverage licenses and insurance certificate in accordance with Section B. 17 to the County. 19. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or conditions, including the timely 'submittal of all documents set forth in Section B, of this License Agreement, the County may terminate this License Agreement and decline to issue any and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges hereunder, whether accruing before or after such termination, shall be considered part of and inclusive of the County's damages resulting from Applicant's default. Applicant's default hereunder shall be considered a default of any and all agreements by and between Applicant and the County, and any amounts due Applicant under its other agreements with the County may be used by the County to remedy Applicant's defaults hereunder. Any remedy granted in this License Agreement to County shall be in addition to all other remedies available to County in law or equity, and not exclusive of such remedies. 20. In the event that the Applicant cancels all or any time or portion of the Premises reserved for the Event, the County must receive written notice. Applicants may be entitled to a refund according to the following schedule: (a) Cancellation prior to 180 days from the first date of License' Duration will receive a refund equal to 85% of the Event Deposit collected under Section B.4.(a). (b) Cancellation between 90-180 days of the first date of License Duration will receive a refund equal to 50% of the Event Deposit collected under Section B.4.(a). (c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event Deposit collected under Section B.4.(a). 21. Reserved. 22. In the event that the Premises or any part thereof, or adjacent premises required for access thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent the use of the Premises for the Event, then this License Agreement shall terminate. In such event, the County shall be paid for all items of expense incurred by it under this License Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Applicant's control, and thus not falling within this Section 22, shall include, without limitation, Applicant's financial inability to perform or comply with the terms and conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents. Fairgrounds License Agreement Initials Page 9 of 12 October 3, 2017 P13 23. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and Regulations which are attached hereto as Exhibit C and incorporated by reference. 24. SEE ADDENDUM ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN: Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture, appliances or other property of Applicant or Applicant's employees, invitees, licensees, contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant hereby expressly releases and discharges County from any and all liability for any such loss and agrees to defend, indemnify and hold County harmless from all claims and actions for damages as to such losses, including attorney's fees. 25. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes place in or on the Premises, provided such is permitted within the Artist Contract. County will coordinate such recordings with Applicant's marketing representative. In the event of artist recording restrictions, Applicant shall request the right to allow the County to take generic production and still photographs of the Event. 26. Unless excused by impracticability or impossibility of performance or other lawful contractual defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the published time or within one hour thereafter. Applicant shall not advertise or permit any advertising that a particular performer will appear for the Event until after a contract for the performer's appearance has been executed and a copy thereof has been provided to the County; otherwise, the County may terminate this License Agreement and cancel the Event. 27. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Assistant County Administrator. No such waiver shall be held to waive the same provision on a subsequent occasion orbe construed to constitute a waiver of any other provision of this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent written agreement executed by the parties. This License Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, Florida. 28. SEE ADDENDUM ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN: At least 30 days prior to the Event Date, Applicant shall submit proof of application for a "Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 29. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. 30. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 31. Any notice, request, instruction, demand, consent or other communication required or permitted to be given under this License Agreement shall be in writing and shall be given in writing and delivered by email or US Mail, Certified — Return Receipt Requested, to the following: Fairgrounds License Agreement Initials Page 10 of 12 October 3, 2017 P14 32. Indian River County Parks Division 5500 77th Street Vero Beach, FL 32967 Email:. mzito(a�ircgov:com, cc:bpowell@ircgov.com, dfleetwood@ircgov.com Applicant: STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SOUTHEAST REGION 337 NORTH US HVVY. 1, SUITE A FORT PIERCE, FL 34990 Email: vern.melvin@myflfamilies.com 33. Applicant acknowledges that the County makes no guarantees to Applicant, express or implied, as to any pecuniary gain that Applicant may have intended to result from the Event. 34. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated herein by this reference. 35. Services Provided by the County: (a) County reserves the right to determine the adequacy of outside services procured by the Application under Section B as a condition of the Permit. 36. THE PARTIES AGREE THAT, TO THE EXTENT THAT ANY SECTION OF THIS AGREEMENT CONFLICTS WITH THE PROVISIONS SET OUT IN THE ADDENDUM ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN, THE ADDENDUM SHALL TAKE PRECEDENCE AND CONTROL THE TERMS OF THIS AGREEMENT. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this 3r' day of Oc-kms-er , l7 APPLICA: By /21L' INDIAN RIVER COUNTY: By Signature/` Signature —flit c, Ca / Type/Print Name VERN MELVIN IISS r. lc�w:� F�rntnr Sa�KTec� REGIONAL MANAGING DIRECTOR, Title STATE OF FLORIDA DEPARTMENT Fairgrounds License Agreement Initials Page 11 of 12 October 3, 2017 P15 OF CHILDREN AND FAMILIES Fairgrounds License Agreement Initials Page 12 of 12 October 3, 2017 P16 ADDENDUM Solely to the extent permitted by law and in no event greater than the limits set forth in Florida Statutes, Section 768.28, Applicant agrees to indemnify County, its agents, officers, supervisors and employees against all claims, losses and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the Applicant, its employees, and elected officials performance under this License Agreement. Nothing herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Applicant for any negligent acts or omissions of the County, its agents and employees arising out of, under, or in connection with this License Agreement. Similarly, Solely to the extent permitted by law and in no event greater than the limits set forth in Florida. Statutes, Section 768.28, County agrees to indemnify Applicant, its agents, officers, supervisors and employees against all claims, losses and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the County, its employees, and elected officials performance under this License Agreement. Nothing herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the County for any negligent acts or omissions of the Applicant, its agents and employees arising out of, under, or in connection with this License Agreement. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this 3 a day of r lo-tr , Dep 17 . APPLICANT: By // INDIAN RIVER COUNTY: By Signature Signature � 2'/-6 VERN MELVIN, Type/Print Name / r /1-4sr, Gl/7 �/ %i�iv� rnrSf fL�t RE( P17 10/4/2017 DCF To Initiate Disaster SNAP Food Assistance Program In 48 Counties 1 Florida Department of Children and Families How Do 1? t FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES MYFLFAMILi ES.COM Jump to Menu Home Services General Information About Us News & Events Contact Us search Connect with Us: DCF To Initiate Disaster SNAP Food Assistance Program In 48 Counties For Immediate Release: September 22, 2017 DCF TO INITIATE DISASTER SNAP FOOD ASSISTANCE PROGRAM IN 48 COUNTIES — Food for Florida sites will assist individuals and families recovering from Hurricane Irma — TALLAHASSEE - The Department of Children and Families (DCF), in partnership with the U.S. Department of Agriculture (USDA), will implement the Food for Florida Disaster Food Assistance Program in 48 counties to assist victims of Hurricane Irma. Details on local Food for Florida sites will be posted on the Food for Florida website as they become available. "We are working around the clock to provide relief to those affected by Hurricane Irma damage," said DCF Secretary Mike Carroll. "We will continue to stand side-by-side with those who need us as they get back on their feet. We encourage those in need of food assistance to pre -register if possible through the website so we can quickly serve those in need." To qualify for the Food for Florida Disaster Food Assistance program, applicants must have lived or worked in one of the counties declared for FEMA Individual Assistance on September 5, and not be receiving food assistance through the regular Food Assistance Program. Additionally, eligible individuals and families must have suffered a disaster -related loss, such as damage to their homes or self-employment property, loss of food, reduction or loss of income, or have incurred other disaster related expenses. Applicants must also be financially eligible. DCF will provide or mail Electronic Benefits Transfer cards to eligible individuals and families to use at authorized USDA food retailers. The program counts only income and expenses from September 5 through October 4, 2017. Food for Florida pre -registration will be available on the Food for Florida website and open for people in need of food assistance in eligible counties through October 3o. Food for Florida sites in Pinellas, Bradford, Union, Alachua, Lake, Sumter, and Citrus counties will open next week. Individuals who lived or worked in these counties can pre -register beginning today at 2:00 p.m. Pre -registration for other eligible counties will be available prior to the local sites opening. Individuals, families, and authorized representatives that pre -register must still visit a Food for Florida site, listed on the Food for Florida website, to be interviewed. Individuals may also apply at the Food for Florida site locations without pre -registering. You must have a valid Florida Driver License or Florida Identification card. Visit the Food for Florida website for more information on pre -registration, site locations, and hours of operation. Contact: DCF Communications, (850) 717-4450 ### Events 10/4 - Task Force on Involuntary Examination of Minors, October 4, 2017 Webcast/... » 10/11 - Task Force on Involuntary Examination of Minors, October 11, 2017 Meeting » 10/11 - Orlando Area Refugee Task Force Meeting » 10/13 - Miami -Dade Refugee Task Force Meeting » 10/20 - Independent Living Services Advisory Council Meeting » More Events Home » ACCESS Florida Food, Medical & Cash » http://w w.mytlfamilies.com/press-release/dcf-initiate-disaster-snap-food-assistance-program-48-counties 1/2 P18 Consent Agenda - B.C.C. 10.10.17 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney QK DATE: September 27, 2017 SUBJECT: Appointments to the Economic Opportunities Council of Indian River County, Inc. The Economic Opportunities Council of Indian River County, Inc. ("EOC") is a non-profit corporation in Indian River County. Since the EOC receives Community Services Block Grant funds, pursuant to 42 USC §9910, the EOC must have 1/3 of the members of its board who are elected officials or their representatives. On November 18, 2014, the Indian River County Board of County Commissioners ("Board") appointed Miriam Gross, Jennifer Proper and Linda McConkey to serve on the EOC. On February 16, 2016, the Board reappointed these three individuals to the EOC. On November 8, 2016, the Board reappointed these three individuals and appointed Donald Hart, Sr. to the EOC. On September 21, 2017, Angela Davis -Green, Executive Director of the EOC requested consideration of the reappointment of Jennifer Proper, Linda McConkey and Donald Hart, Sr. and the appointment of Charles Pope. RECOMMENDATION. The County Attorney recommends that the Board reappoint Jennifer Proper, Linda McConkey and Donald Hart, Sr. and appoint Charles Pope to the Economic Opportunities Council of Indian River County, Inc. ATTACHMENT Letter from Angela Davis -Green to the Board of County Commissioners, dated September 21, 2017 FUnemy "ndlaIGEASIALIS C ClAgeAdo MJumlFiommle Omomadna Cmwil mIE.doc P19 community 31�conomic Opportunities Council of—Indian R-iv-erCounty, Inc. ,o Post Office Box 2766 ��®�° Vero Beach, Florida 32961-2766 Helping People. Changing. Laves. www.eocofirc.net PARTNERSHIP Adnan. Office 2455 St. Lucie Ave. Vero Beach, FL 32960 (772)562-4177 Fax (772) 794.7597 Community Services 2455 St. Lucie Ave. Vero Beacb, FL 32960 (772)569-1030 Fax (772) 794-7597 Head Start Central Offices 8445 64th Avenue Wabasso, FL 32970 PO Box 2766 Vero Beach, FL 32961-2766 (772)589-8008 Fax (772) 589-1191 Citrus 2771 4th Street Vero Beach, FL 32968 C772)778,0528 Fax (772) 770-0529 Fellstnerc 1339 N. Willow Street Fellsmere, FL 32948 (772) 571-1234 Fax (772) 571-9682 .Highlands 500 SW 2016 Street Vero Beier FL 32962 (772) 794-2375 Fax (772) 794-1908 St. Helen's 3550 41st Street Vero Beach, FL 32967 (772) 567-4347 Fax (772)-562-0375 Northside 1798 NW 9tb Avenue Okeerbobce„FL 34973 (863) 357-8677 Fax (863) 357-6817 LIHFAP chi each Office 1798 NW 9th AiMiiitc Okeechobee, FL 34973 (863)357,2240 Fax (863) 357-6263 September 21, 2017 Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Commissioners, Economic Opportunities Council of Indian River County, Inc. (EOC) is the federally designated Community Action Agency for Indian River County. Charted in 1965, EOC has providedservices to low-income, county residents for over fifty years. As the Commission may know, Community Action Agencies are the local grantees for Community Services Block Grant, and operate under the CommunityServices Block Grant Act 1998 Reauthorization, P.L. 105-285. Required by the legislation is a tripartite Board structure; one third elected officials, or their designees, one-third low- income representatives, and one third members of theprivate/ business community. Annually, EOC is required to document the Commission's appointments to its board. In past years, Commissioners schedules have not allowed for direct participation and have appointed designees to serve in their place. EOC respectfully request consideration of the following individuals to be reappointed for a. one-year term: Jennifer Proper Linda McConkey Donald Hart, Sr Also, we are requesting consideration for a new appointment for a one-year term for the following individual: Charles Pope EOC appreciates your support and looks forward to working together and helping those within our community who live in poverty and move towards self- sufficiency. Sincerely, United Way Angela avis -Green Executive Director Voluntary Pre -K Head Start Community Services An Equal Opportunity Employer P20 g. a, CONSENT AGENDA October 10, 2017 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners FROM: Lisa Hill, Commissioner Assistant DATE: October 3, 2017 SUBJECT: Fiscal Year 2017/18 (October 1, 2017 through September 30, 2018) Blanket Authorization for Commissioners, County Officers, and Staff for Out of County Travel DESCRIPTION AND CONDITIONS: Presently, Commissioners sit on committees where out of county travel may be required to attend assigned committee meetings (example: Treasure Coast Regional Planning Council); and Commissioners, County Officers, and Staff may need to attend legislative conferences, policy conferences, and meetings scheduled by Florida Association of Counties, National Association of Counties and local or regional legislative programs. There are also occasions when it is necessary for Commissioners, County Officers, and Staff to travel to Tallahassee or other locations in the State to meet with State Representatives, State Senators, and State Agencies such as the Department of Environmental Protection, Department of Transportation, and others. Commissioners, County Officers, and Staff may also need to travel out of County in relation to lobbying efforts for the County's various projects, grants, and legislative priorities or other proposed legislation. In addition, Commissioners, County Officers, and Staff may need to attend meetings or hearings related to Florida Municipal Power Agency and All Aboard Florida. FUNDING: Funding for this travel has been included in the Fiscal Year 2017/2018 budget. RECOMMENDATION: Approval is recommended for Commissioners, County Officers, and Staff to travel out of county for current and future assigned committee meetings; Florida Association of Counties, National Association of Counties, and local or regional legislative conferences or programs; approved lobbying efforts including travel to Tallahassee when necessary; and Florida Municipal Power Agency and All Aboard Florida meetings or hearings during the 2017/18 Fiscal Year. P21 •C , CONSENT AGENDA October 10, 2017 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 3, 2017 SUBJECT: Out of County Travel to Attend the 2018 Governor's Hurricane Conference to be held May 13 to 16, 2018 in West Palm Beach FROM: Lisa Hill Commissioner's Assistant Out of county travel is requested for commissioners and staff to attend the Governor's Hurricane Conference to be held May 13-16, 2018, at the Hilton in West Palm Beach, Florida. Attachment: Conference Information P22 0 E w -J L 0- 0 O N I- O C O'T ■ 2 CoV LL Di ■� w w 0 0 V< J Z CD 1W O z Q,)O 9— C Oa V O /W �� Z C cI V Zu, ■� 0 LQ M ''AA re W V/ a L 1- OJ 0) O LL W H Oo U /^ J co w OJ a NICKNAME w z >- 0 }0 z w 0 ADDRESS a N w H 0) a 12 f/) N 1 a E O as O c 0 a 0 m d Y U 0 J 2 w C) Q) t t t CLco co co CL CC0 C -o -1C Y Y L 1- t4 A f6 E E E 0. 0. 0. == ooLO - COO O T O CV CC co LL G G G .0.0.0 L. Y Y CO CO 03 E E E O 0 0 0. O. O. w w w LO 0 LO CI CO N f/9fA4A CO CO CO M CO M 03 03 asE w U 22 c c >,O V O � o6 c C_ C w C U 1- H ❑❑❑ > O U co 5 0 c d 0 c m of c ai U N cn N 5 c ❑ V � c'51•c r CO4 _ a) ='LJ C� O LL -a- 6 Q uj O CO c0 a) L. ,` > rn Q) 0 t7 � ocN °) al 0Qyr rn o r L_ co U a3 0 a)_I-t� ❑ 11 c Oi x >. cv•WLL Q0 x = coca a) m 00 OW E a a) O UCco c G a) 0 U a) s 0 D DAmerican Express CREDIT CARD REGISTRATION: Exp. Date (Required) Account Number Required: Security Code Complete billing address if different than above Print name as it appears on card total authorized for this registration EA. 'O N 0 Y CO0 0 ccsE as c c m Q) c c CO 0 O L 0 N 0 0 0 c U 0) CT a) (Z' i 10/3/2017 why You Should Attend the GHC - Florida's EM and Hurricane Conference YOUR STRATEGY TO MAKE YOUR CASE FOR ATTENDANCE: Think of how this year's theme applies to your role as a professional involved in the hurricane preparedness and response effort. Make a short list of the top challenges you face in your position in dealing with hurricane - related issues. See which of the dozens of training sessions and workshops available at the 2017 GHC can help you to address the challenges you identified. Outline in a short summary how those presentations will help you meet your goals in the upcoming year, as well as those of other colleagues who will also benefit from the knowledge you bring back. Browse through the list of official Exhibitors, many of which supply the equipment, technology and services most utilized in responding to the hurricane threat. GHC attendance provides the opportunity to meet these exhibitors and see their products and learn of their services first- hand, giving you the ability to provide valuable feedback to your agency or company's decision- making process. Complete your case for attendance by combining these notes with information and facts from GHC that highlight the value and cost effectiveness of Conference attendance. http://flghc.org/why-attend-ghc/ 1/4 P24 10/3/2017 Why You Should Attend the GHC - Florida's EM and Hurricane Conference BENEFITS OF ATTENDING THE GHC: The largest, most well attended hurricane conference in the nation. The most affordable, as well. The full early registration fee is $285 (with two meals included). And the most comprehensive program available. Providing over 300 hours of training and workshops, the GHC is a forum for current trends and topics, tools, and technology. The Training Sessions and Workshops will provide best practices and demonstrate how you might apply them to your organization to improve your disaster response/recovery processes. An opening general session featuring prominent officials addressing the major events of the 2016 Hurricane Season Professional Development: the GHC offers many hours of continuing education for at least eight disciplines. Collaboration: the GHC is a place for all levels of government, private sector, healthcare, voluntary organizations and related professions to exchange ideas. Networking: More than 2,000 participants are expected to attend the GHC. By being able to meet with so many local, state, federal, and international colleagues in one place, the GHC is extremely cost-effective. Exposure: your organization can generate contact with a large audience in a variety of ways (e.g., speaker opportunities, vendor opportunities, sponsorships, social media, logo wear, networking, etc.). Products and Services: the GHC Exhibit Hall's 100+ vendors will showcase state -of -the- art http://flghc.org/why-attend-ghc/ 2/4 P25 10/3/2017 Why You Should Attend the GHC - Florida's EM and Hurricane Conference QUICK LINKS WHY SHOULD YOU ATTEND THE GHC? QUICK LINKS (CONT.) MEDIA ROOM GHC EXHIBITS AND ADVERTISING GHC MOBILE APP CONTACT US http://flghc.org/why-attend-ghc/ 3/4 P26 10/3/2017 Why You Should Attend the GHC - Florida's EM and Hurricane Conference http://flghc.org/why-attend-ghc/ 4/4 P27 ., o Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: October 3, 2017 SUBJECT: Authorization to Attend FGFOA and GFOA Annual Conferences and FGFOA School of Government Finance In the County Administrator's approved budget for the 2017-2018 Fiscal Year, the Board approved the Administrator's request to attend the Government Finance Officers Association Annual Conference, the Florida Government Finance Officers Association Annual Conference, the Florida Government Finance Officers Association School of Governmental Finance and the quarterly meetings of the Treasure Coast Chapter of the Florida Government Finance Officers Association. The County Administrator is hereby confirming authorization to attend the 2017 FGFOA School of Governmental Finance; the 2018 GFOA Annual Conference; the 2018 FGFOA Annual Conference; and the quarterly meetings of the Treasure Coast Chapter of the Florida Government Finance Officers Association. Funding was included and was approved in the 2017/2018 FY budget in accounts 00120112-034010 and 00120112-035430. P28 gE Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: October 2, 2017 SUBJECT: Authorization to Attend Public Funds Investment Seminar The County Administrator is requesting authorization to attend the Public Funds Investment Seminar hosted by Public Trust Advisors on Thursday, October 12th, 2017, in Orlando, Florida. Registration is complimentary. Travel funding is available in the County Administration 2017/2018 FY budget account number 00120112-034020. P29 PUBLIC' TRUST 1,2't4 ADVISORS PUBLIC FUNDS INVESTMENT SEMINAR THURSDAY, OCTOBER 12, 2017 GAYLORD PALMS RESORT, ORLANDO - 8:00AM - 5:OOPM AGENDA AND REGISTRATION INFORMATION PROVIDING8 HOURS OF TECHNICAL BUSINESS CPE 1.110.1 pet#triirsili. Businew&', Profess*nal Regulation HOSTED BY PUBLIC TRUST ADVISORS PROFESSIONAL GUEST SPEAKERS FROM: . . STANDARO&P.00RS '101 RATINGS SERVICES weiaaw CURVUICI.I GRS CAhriel K.x•Jrr Smith N: C.inrimn; STI FEL ClIttonLarsonAllen BLX<> ROLLINS MBA t• . C. • ,C“.0t7 P30 - PUBLIC'" TRUST ADVISORS ,i' INVESTMENT SEMINAR AGENDA PUBLIC FUNDS INVESTMENT SEMINAR — THURSDAY, OCTOBER 12, 2017 7:00 am to 8:00 am REGISTRATION AND CONTINENTAL BREAKFAST 8:00 am to 8:20 am WELCOME AND OPENING REMARKS: KEN BURKE, CPA CLERK OF THE CIRCUIT COURT AND COMPTROLLER, PINELLAS COUNTY 8:20 amto9:10am UNDERSTANDING. S&P LGIP RATINGS S&P will review its updated criteria for rating LGIPs and outline the main differences between its methodologies for rating stable .and variable NAV pools: Additionally, S&P will provide an update of the recent developments and trends in the LGIP and MMF space. PETER RIZZO, MANAGING DIRECTOR, S&P GLOBAL — FINANCIAL SERVICES RATINGS 9:10 am to 10:00 am TREASURY MANAGEMENT SOLUTIONS This session will discuss A/P best practices for the Government/Municipal Segment. The discussion will also include an overview of TM Payables Products and Solutions to include Procurement Cards, ePayables and other newer technologies. AMY ASH, CTP, VICE PRESIDENT, TREASURY MANAGEMENT OFFICER, TD BANK 10:00 am to 10:20 am Morning Break. 10:20 am to 11:10 am AN AGING EXPANSION: WILL A CHANGE IN MEDICINE PROLONG ITS UFE? The current economic expansion is now the third longest in US history. As the Fed heads to the exit and Washington considers changes in policy, will the expansion continue or come to a halt? WILLIAM SEYFRIED, PH. D., ECONOMIST ROLUNS COLLEGE :11:10amto12:00pm MUNICIPAL CONTINUING DISCLOSURE UPDATE This session will discuss municipal continuing disclosure and recent Municipal Continuing Disclosure Cooperation (MCDC) Initiative and recent settlements by underwriters and issuers and what issuers can take away from such settlements. JEFFERY R. HIGGINS, MANAGING DIRECTOR, BLX 12:00 pm to 1:10 pm Lunch (provided) I..a,C_,k--• Business( Professional rtc-gl�l�[�en THIS PUBLIC FUNDS SEMINAR IS APPROVED FOR 8 HOURS OF TECHNICAL BUSINESS CPE BY THE FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION ,1:10 pm to 2:00 pm MITIGATING FRAUD RISKS WITHIN THE LOCAL GOVERNMENT TREASURY FUNCTION This session will discuss ways to understand the latest fraud risks affecting your local government's cash management and investing functions, identify actual instances of fraud, namely theft of cash, that have recently occurred within cities, counties, and other local governments and learn about what internal control activities could have been in place to preventthe fraud from occurring or at least detect the malfeasance earlier. ANDREW LAFLIN, CPA, PRINCIPAL, STATE AND LOCAL GOVERNMENT CUFTONLARSONALLEN LLP 2:00 pmto2:50pm MUNICIPAL MARKET UPDATE/COMPLYING WITH UNDERWRITING REGULATIONS The session will provide attendees with current municipal market information such as recent trends in tax-exempt and taxable interest rates, municipal bond issuance and investor participation. Presenters will also briefly discuss required disclosures and/or areas of enhanced focus by broker-dealers in order to comply with industry regulations. ALEX BUGALO, MANAGING DIRECTOR, MATTHEW SANSBURY, MANAGING DIRECTOR, MARGARET LEZCANO, MANAGING DIRECTOR STIFEL 2:50 pm to 3:10 pm Afternoon Break 3:10 pm to 4:00 pm THE ROLE OF GOVERNMENT FINANCE OFFICERS IN SETTING PENSION RETURN ASSUMPTIONS Much attention and focus continues to be on the net return assumption used for pension actuarial valuations. The divorce between pension funding and pension accounting and other factors have pressed government finance -officers into a high profile duty to be certain the net return assumption is in the mainstream of expert forecasters. JAMES J. Rizzo, ASA, MAAA, SENIOR CONSULTANT AND ACTUARY GABRIEL, ROEDER, SMITH & CO. 4:00 pm to 4:50 pm INVESTMENT STRATEGIES IN AN EVER-CHANGING LANDSCAPE Rising interest rates have provided a nice boost to interest income and the public funds investment landscape continues to evolve as public entities consider additional fixed income security types for their investment portfolios. JOHN F. GRADY III, CTP, MANAGING DIRECTOR THOMAS N. TIGHT II, MANAGING DIRECTOR P31 -� - PUBLIC `�731 TRUST l A DVISORS REGISTRATION REGISTRATION IS COMPLIMENTARY FOR ALL GOVERNMENT EMPLOYEES AND GOVERNMENT MEMBERS OF THE FGFOA AND LOCAL CHAPTER MEMBERS. REGISTRATION IS LIMITED - PLEASE RESPOND SOON TO SECURE YOUR ATTENDANCE Please email to seminar(a)publictrustadvisors.com or fill out the information below by October 1st and fax to (407) 429-3976. ATTENDEE INFORMATION Registrants can include this information within an email message if registration via fax is not preferred. Name: Title: Organization: Address: Address: City/County: State/Zip Code: FGFOA Local Chapter: Phone: E-mail: r INVESTMENT SEMINAR REGISTRATION SEMINAR LOCATION GAYLORD PALMS RESORT AND CONVENTION CENTER Interstate 4 at Osceola Parkway, Exit 65 (directions on following page) 6000 W. Osceola Parkway Kissimmee, Florida 34746 Additional hotel information: http://www.Ravlordhotels.com/gavlord-palms SEMINAR CONVENTION CENTER LOCATION - ORANGE BLOSSOM BALLROOM The Seminar will he held in the Orange Blossom Ballroom at the Emerald Bay Plaza of the Atrium. For a printable map see the Zink below: http://www.Raviordhotels:com/gavlord- palms/directions-transportation/hotel-map/index.htrni There will also be sig nage once you enter the conference space. .PARKING SELF -PARKING I5 COMPLIMENTARY - PLEASE BRING TICKET FOR VALIDATION (THERE WILL BE A CHARGE FOR VALET) Entrance via International Drive: Turn right into property and then make first right. Follow signs around the building to the self -parking lot. Entrance via Osceola Parkway: Turn right into propertyand then make first right. Follow signs around the building to the self -parking lot. HOTEL RESERVATION INFORMATION We have a block of rooms reserved for a nightly rate of $91 plus $20 resort fee. Self -Parking will be complimentary for daily and overnight guest attendees. There are only a limited number of rooms available at this rate. Reservations via phone: 877-350-3236 Reservations via online registration: https://aws.passkev.com/eo/ptrcmtg. ADDITIONAL INFORMATION HAVE ADDITIONAL QUESTIONS? For more information please reach out to Mary Rose at 407-588-0076 or via email at seminar@publictrustadvisors.corn. P32 PUBLIC TRUST LJJ I ADVISORS HOW TO GET TO THE GAYLORD PALMS RESORT DIRECTIONS North Florida 1-95 South (Jacksonville) 1-95 South / 1-4 West / Exit 65 Osceola Parkway East / Gaylord Palms on Right North Florida 1-75 South (Tallahassee) 1-75 South / Florida Turnpike South / 1-4 West / Exit 65 Osceola Parkway East / Gaylord Palms on Right West Florida 1-4 East (Tampa/St. Petersburg) 1-4 East / Exit 65 Osceola Parkway East / Gaylord Palms on Right East Florida I-4 West (Daytona) 1-4 West / Exit 65 Osceola Parkway East / Gaylord Palms on Right South Florida 1-95 North (Ft. Lauderdale/Miami) 1-95 North / Florida Turnpike North / Osceola Parkway West / Gaylord Palms on Left Orlando Area 429 South (Apopka) 429 South / 192 East / International Drive South / Gaylord Palms on Left Orlando International Airport 417 South / Exit 3 Osceola Parkway West / Gaylord Palms on Left INVESTMENT SEMINAR REGISTRATION P33 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, County Engineer SUBJECT: Release of Retainage — Donadio and Associates Architects, P.A. Amendment No. 3 to Indian River County Public Shooting Range Hunter Education Classroom DATE: September 12, 2017 R. F. DESCRIPTION AND CONDITIONS On March 22, 2016, the Board of County Commissioners approved Amendment No. 3 to the Professional Civil Engineering and Architectural Services Consultant Agreement with Donadio and Associates Architects, P.A. for Architectural and Engineering Services to design and permit a 2,400 sf classroom building, 1,100 sf covered porch area, and utilities to service the building for a not to exceed amount of $45,912.50. Design of this project is part of the Florida Fish and Wildlife Conservation Commission (FWC) agreement approved by the Board on January 19, 2016, whereby FWC is contributing a maximum amount of $144,000.00 to the project. Donadio and Associates Architects, P.A. has been paid $38,590.95 to date, with $4,209.84 held in retainage. Construction of the Hunter Education Classroom has been completed and Donadio and Associates Architects, P.A. has submitted Invoice No. 2015-67.015 Final, dated August 8, 2017 in the amount of $4,209.84 for release of retainage. FUNDING Funding is budgeted and available from Optional Sales Tax/Retainage/Hunter Education Classroom — Account No. 315-206000-16017 in the amount of $4,209.84. RECOMMENDATION Staff recommends the Board of County Commissioners approve Donadio and Associates Architects, P.A. Invoice No. 2015-67.015, dated August 8, 2017 in the amount of $4,209.84 for payment. ATTACH M E NTS Donadio and Associates Architects, P.A. Invoice No. 2015-67.015 APPROVED AGENDA ITEM FOR OCTOBER 10, 2017 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213C IRC Shooting Range Hunter Education Classroom\l-Admin\Agenda Items\Agenda Item - Donadio Final release\BCC Agenda Amendment No. 3 Release of Retainage 9-12-2017.doc P34 Donadio and Associates Architects, P.A. 609 17th Street Vero Beach, Florida 32960 (772) 794-2929 Indian River County Invoice number 2015-67.015 Final Attention: James Ennis 1801 27th Street Date 08/08/2017 Vero Beach, Florida 32960 Project 2015-67 IRC Shooting Range Hunter Education Classroom IRC NO 1213C Professional Services through August 08, 2017 IRC No: 1213C THIS'IS* FINAL RELEASE INVOICE FOR'THE 10%'RETAINAGE WITHHELD: Description Contract Percent. Prior Total Current Amount Complete Billed Billed Billed I. Design Development Architecture 5,880.00 100.00 5,880.00 5,880.00 0.00 Cost Estimate 1,250.00 100.00 1,250.00 1,250.00 0.00 Civil Design 4,410.00 100.00 4,410.00 4,410.00 0.00 Subtotal 11,540.00 100.00 11,540.00 11,540.00 0.00 II. Construction Documents Architecture 8,650.00 100.00 8,650.00 8,650.00 0.00 Structural Engineering 2,990.00 100.00 2,990.00 2,990.00 0.00 MEP Engineering 1,785.00 100.00 1,785.00 1,785.00 0.00 Cost Estimate 750.00 100.00 750.00 750.00 0.00 'Civil Final Design 822.50 100.00 822.50 822.50 0.00 Permitting 3,135.00 100.00 3,135.00 3,135.00 0.00 Subtotal 18,132.50 100.00 18,132.50 18,132.50 0.00 III. Bidding Architecture 1,125.00 100.00 1,125.00 1,125.00 0.00 Structural Engineering 550.00 100.00 550.00 550.00 0.00 MEP Engineering 250.00 100.00 250.00 250.00 0.00 Civil Engineering 835.00 100.00 835.00 835.00 _ 0.00 Subtotal 2,760.00 100.00 2,760.00 2,760.00 0.00 IV. Construction Administration Architecture 3,860.00 100.00 3,860.00 3,860.00 0.00 Structural Engineering 1,760.00 100.00 1,760.00 1,760.00 0.00 MEP Engineering 905.00 100.00 905.00 905.00 0.00 Civil Construction Services 1,790.00 100.00 1,790.00 1,790.00 0.00 Civil Certification 665.00 100.00 665.00 665.00 0.00 Subtotal 8,980.00 100.00 8,980.00 8,980.00 0.00 Reimbursables 4,500.00 30.85 1,388.29 1,388.29 0.00 Total 45,912.50 93.22 42,800.79 42,800.79 0.00 Page 1 of 2 P35 Indian River County Project 2016-67 IRC Shooting Range Hunter Education Classroom IRC NO 1213C Invoice numher 2015-67 Final Date 08108/2017 Invoice subtotal Final Release of 10%`Retainage Witlilield 0.00 4,209.84 Invoice total 4,209.84 Aging Summary Invoice Number Invoice Date Outstanding Current Over 30 Over 60 Over 90 Over 120 2015-67.014 08/03/2017 2,618.71 2,618:71 2015-67.015 Final 08/08/2017 4,209.84 4,209.84 Total 6,828.55 6;828.55 0.00 0.00 0.00 0.00 All Invoices are due upon receipt. A late charge of 1.5% will bo added to any unpaid balance after 30 days. Any questions regarding this invoice, please contact Maria Davis. Page 2 of 2 P36 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Development Director THROUGH: Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 9/29/2017 RE: David Krebs' Request for Release of Easements at 11655 Old Dixie Highway (Sebastian Grove Estates Subdivision) It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of October 10, 2017. DESCRIPTION AND CONDITIONS The County has been petitioned by David Krebs, owner of four combined lots at 11655 Old Dixie Highway, for release of six common three foot wide side lot line drainage and utility easements interior to the combined lots. The purpose of the easements release request is to allow for construction of warehouses on the combined lots (see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easements. Therefore, it is staff's position that the requested release of the common side lot line easements would have no adverse impact to drainage or to utilities being supplied to the subject property or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the common side lot line drainage and utility easements described in the attached resolution. P37 David Krebs Release of Easements Page 2 ATTACHMENTS 1. Map(s) depicting easement proposed for release. 2. Proposed County Resolution Releasing Easement. ease.bccmemo proj./appl. no. 94100068/79898 P38 P39 a 6 ,a !,a L ylco 0 1 1 IOTA I I 101 1 y6 3 5' 2 t 8 1: Y 11 9 AI 11: 1 6''roi•: i;Sb Liiiitlg Anc •�R FR 1 1 1 2 (nu (..).4cx 1 Ocot pp . t :II k'� Ci yn C^ au li c N° Di E to 3 e Ry § 5 {Ea a i1.i i es s idi i! r ez i E: ii"fig ii '0 1 0II, j§, v iii 2 i S llfil ?! f P40 RESOLUTION NO. 2017 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING CERTAIN EASEMENTS ON LOTS 21, 22, 23 AND 24, BLOCK 4, SEBASTIAN GROVE ESTATES SUBDIVISION WHEREAS, Indian River County has an interest in drainage and utility easements on Lots 21, 22, 23 and 24, Block 4, of Sebastian Grove Estates Subdivision; and WHEREAS, the retention of those easements, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easements: the southerly three (3) foot common side lot line drainage and utility easements on Lots 21, 22, 23, and the northerly three (3) foot common side lot line drainage and utility easements on Lots 22, 23, 24, less and except any portion of the westerly five (5) foot drainage and utility easements on Lots 21, 22, 23 and 24, Block 4, Sebastian Grove Estates, according to the plat thereof recorded in Plat Book 5, Page 85 of the Public Records of Indian River County, Florida. This release of easements is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of 2017, by the following vote: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this day of , 2017. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk P41 RESOLUTION NO. 2017 - APPROVED AS TO LEGAL FORM: County Attorney ease.bccdoc proj/apl. no. 94100068/79898 Cc: Applicant: KREBS, DAVID 712 PLANET DR DESTIN, FL 32541 P42 INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Development Director THROUGH: Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 9/29/2017 RE: Seafood Atlantic Inc.'s Request for Release of Easements at 11628 High Street (Sebastian Grove Estates Subdivision) It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of October 10, 2017. DESCRIPTION AND CONDITIONS The County has been petitioned by Seafood Atlantic Inc., owner of two unified lots at 11628 High Street in Sebastian Grove Estates Subdivision, for release of two common three foot wide side lot line drainage and utility easements interior to the combined lots. The purpose of the easement release request is to allow for commercial warehouse site improvements on the lots (see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easements. Therefore, it is staff's position that the requested release of the interior common side lot line easements on the unified lots would have no adverse impact to drainage or to utilities being supplied to the subject property or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the two common side lot line drainage and utility easements described in the attached resolution. P43 Seafood Atlantic Inc. Release of Easement Page 2 ATTACHMENTS 1. Map(s) depicting easement proposed for release. 2. Proposed County Resolution Releasing Easement. ease.bccmemo proj./appl. no. 2017040043/80027 P44 P45 P46 RESOLUTION NO. 2017 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING CERTAIN EASEMENTS ON LOTS 5 AND 6, BLOCK 4, SEBASTIAN GROVE ESTATES SUBDIVISION WHEREAS, Indian River County has an interest in drainage and utility easements on Lots 5 and 6, Block 4, of Sebastian Grove Estates Subdivision; and WHEREAS, the retention of those easements, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easements: the northerly three (3) foot common side lot line drainage and utility easement on Lot 5 and the southerly three (3) foot common side lot line drainage and utility easement on Lot 6, less and except any portion of the easterly five (5) foot drainage and utility easements on Lots 5 and 6, Block 4, Sebastian Grove Estates, according to the plat thereof recorded in Plat Book 5, Page 85 of the Public Records of Indian River County, Florida. This release of easements is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of 2017, by the following vote: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this day of , 2017. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk P47 RESOLUTION NO. 2017 - APPROVED AS TO LEGAL FORM: County Attorney ease.bccdoc proj/apl. no. 2017040043/80027 Cc: Applicant: SEAFOOD ATLANTIC INC. 4065 TANGELO AVE COCOA, FL 32926 P48 Date: To: From: Prepared By: Subject: Consent Item • • INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES September 20, 2017 Jason E. Brown, County Administrator Vincent Burke, P.E., Director of Utility Services Arjuna Weragoda, P.E., Capital Projects Manager Utility Easement Purchase Agreement DESCRIPTIONS AND CONDITIONS: On July 18, 2017, the Indian River County Board of County Commissioners (BCC) approved the adoption of Resolution 111 (2017-073) confirming the North Sebastian Septic to Sewer Phase 1 sewer project in Sebastian. A portion of the proposed gravity sewer will convey flows into a lift station to be constructed on Central Avenue south of Davis Street. The lift station has been located outside of the City of Sebastian right-of-way and on private property due to the limited road right-of-way. The proposed location is at 1662 N. Central Avenue. ANALYSIS: In order to purchase the perpetual utility easement, the County drafted the attached purchase agreement. A similar agreement was drafted and approved by BCC in June, 2011, to purchase a utility easement at Young's Market located at 2106 South US Highway 1. That transaction included the County purchasing 6,370 square feet for a total price of $45,251.90, which included attorneys and engineering fees. The 1662 N. Central Avenue property is owned by Harold Hall and Christine L. Hall (Owners). The County requires approximately 703 square feet of a perpetual utility easement to construct the lift station that would serve approximately 36 parcels. The County's initial offer to the Halls was $3,000.00. The owners recognize the value of a centralized sewer, but countered the County's offer at $5,000. Their reasoning was that all other properties would benefit from the sewer project with an added future value to their properties, but the Halls would be the only property owner who would be encumbered with a lift station. Based on the Young's Market purchase analysis, staff concurs with the owners' counter offer as reasonable. Therefore, staff offered $4,990.00 for the subject utility easement, and the Halls have accepted the offer. FUNDING: Funds to purchase the perpetual utility easement will be derived from Fund Balance. Fund Balance is derived from water and sewer revenues. Description Account Number Amount North Sebastian S2S, Phase I -Utility Easement 471-166154 $4,990.00 C:\Users\ legistar\AppData\Local \Temp\BCL Technologies\easyPDF 8\@ BCL@D40D4215\@BCL@D40D4215.docx P49 RECOMMENDATION: Staff requests the Board of County Commissioners recommend the purchase of the subject perpetual utility easement, and authorize the Chairman to sign the Agreement to Purchase and Sell Real Estate between Indian River County and Harold and Christine Hall. ATTACHMENT(s): 1. Agreement to Purchase and Sell Real Estate between Indian River County and Harold and Christine Hall (8 Pages) C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ D40D4215\@BCL@D40D4215.docx Page 2 of 5 P50 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN. RIVER COUNTY AND HAROLD HALL AND CHRISTINE L. HALL THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2017, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Harold Hall and Christine L. Hall, husband and wife ("Seller") who agree as follows: WHEREAS, Seller owns property located at 1662 N. Central Avenue, Sebastian, Florida. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to install a. gravity sewer project in the North Sebastian Area that will impact the Seller's property, and WHEREAS, in order for the County to proceed with its sewer project, the County needs to purchase property to be used as a perpetual utility easement for the proposed lift station; and WHEREAS, the County has contacted Seller and has offered to purchase the perpetual utility easement of approximately 703 square feet of property as depicted on Exhibit "A", and WHEREAS, Seller, and the County enter into this agreement for sale and purchase of the Easement; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, a perpetual, exclusive utility easement over that certain parcels of real property located at 1662 N. Central. Avenue; Sebastian, Florida and more specifically described in the legal description attached as Exhibit "A", containing approximately 703 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto. The County shall have the right but not the obligation to perform emergency maintenance on the Utility Easement. 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Perpetual Utility Easement shall be $4,990.00 (Four thousand nine hundred and ninety F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments_2017_Proposed\06_NorthCountySeptic to_SewerAssessmentProject_61_Parcels\Easements\Purchase Sell Agreement ROW AND TCE.docx P51 dollars and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey the Utility Easement free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Utility Easement. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Utility Easement which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Utility Easement, and shall record no documents in the Public Records which would affect title to the Utility Easement, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Utility Easement, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5:1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments_2017_Proposed\06_NorthCountySeptic_to_SewerAssessmentProject_61_Parcels\Easements'Purchase Sell Agreement ROW AND TCE.docx P52 delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a perpetual, exclusive Utility Easement over, upon and across the property described and depicted in Exhibit "B", free and clear of all liens and encumbrances and 'in the condition required by paragraph 3. (b) The Seller shall have removed all of its personal property and equipment from the Utility Easement and Seller shall deliver possession of the Utility Easement to the County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay the following expenses at Closing: F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\ 000Assessments_2017_Proposed\06_NorthCountySeptic_to_SewerAssessmentProject_6I_Parcels\Easements\Purchase Sell Agreement ROW AND TCE.docx P53 7.1.1 The cost of recording the Utility Easement and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the Utility Easement. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2 Seller shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.3 Assignment and Binding Effect. Neither County nor Seller may assignits rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall, inure to the benefit of the parties hereto and their successors and assigns. 8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Christine L. Hall 8925 107th Avenue Vero Beach, Florida 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Arjuna Weragoda F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments_2017_Proposed\06_NorthCountySeptic_to_SewerAssessmentProject_61 _Parcels\Easements\Purchase Sell Agreement ROW AND TCE.docx P54 Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of„and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.8 County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2. 8.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in .any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non- public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments_2017_Proposed\06_NorthCountySeptic_to_SewerAssessmentProject_61_Parcels\Easements\Purchase Sell Agreement ROW AND TCE.docx P55 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA SELLER BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher, Chairman csc \a --d Christine L. Hall DATE Approved by BCC SELLER Ha :Id Hall ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney tDA E F:1Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments_2017_Proposed\06_NorthCountySeptic_to_SewerAssessmcntProject_61_Parcels\Easements\Purchase Sell Agreement ROW AND TCE.docx P56 Exhibit "A" Legal Description and Sketch for Sewer Lift Station Easement for North County Sewer Project Indian River County, Florida SURVEYORS NOTES 1) THE BEARING BASIS FOR ALL DESCRIPTIONS CONTAINED HEREIN IS THE EASTERLY RIGHT OF WAY UNE OF CENTRAL AVENUE WHICH BEARS NORTH 26'42'51" WEST. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3) THIS SKETCH MEETS THE STANDARDS OF PRACTICE FOR SURVEYING AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAP TER 5J-1 7, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. LEGEND R/W RIGHT—OF—WAY NO. NUMBER R RADIUS L LENGTH CH CHORD DISTANCE CB CHORD BEARING O.R.B. OFF1CIAL RECORD BOOK PG. PAGE N NORTH S SOUTH E EAST W WEST LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 30 OF THE FLEMING GRANT, INDIAN RIVER COUNTY, FLORIDA AND BEING A PORTION OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORD BOOK 2792, PAGE 127 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST ,CORNER OF THE SAID PROPERTY DESCRIBED 1N OFFICIAL RECORD BOOK 2792, PAGE 127 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 84'09'31" EAST ALONG THE NORTHERLY LINE OF SAID PROPERTY A DISTANCE OF 26.76 FEET; THENCE SOUTH 26'42'51" EAST .A DISTANCE OF 19.72 FEET; THENCE SOUTH 44'51'43" WEST A DISTANCE OF 16.69 FEET; THENCE SOUTH 6317'09" WEST A DISTANCE OF 9.16 FEET TO AN INTERSECTION W1TH THE EASTERLY RIGHT OF. WAY UNE OF CENTRAL AVENUE; THENCE NORTH 26'42'51" WEST. ALONG SAID EASTERLY RIGHT OF WAY A DISTANCE OF 34.53 FEET TO THE POINT OF BEGINNING. CONTAINING 702.4 SQUARE FEET, MORE OR LESS. Sheet I oft Not Valid Without All Sheets REVISED 8/24/17 REVISED 4/10/17 SKETCH OF LEGAL DESCRIPTION "This is NOT a Boundar Surve Drawn by: Checked by i File name Date Scale Drawing Name DMT .DMT 6758 04/03/17 N/A 6758E1.dwg Masteller, Moler & Taylor, Inc. PROFESSIONAL SURVEYORS AND MAPPERS LAND SURVEYING BUSINESS I44644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 NOT VAUD WITHOUT THE SIGNATURE AND THE OR!GINA• ISED SEAL OF A FLORIDA UCENSr1 IRVEYOR AND MAPPER. DAVID TAYLOR P.L.S. 5243 P57 Exhibit "A" Legal Description and Sketch for Sewer Lift Station Easement for North County Sewer Project Indian River County, Florida POINT OF BEGINNING INDIAN RIVER COUNTY PROPERTY IDENTIFICATION #30382100001999900011.1 N84 09'31 "E 26.76' NORTHERLY LINE S26'42'51 E 19.72' S44 51'43"W 16.69' SUBJECT PARCEL N26 '42'51"W 34.53' c. _, ‘c=\ IA,,cy o S6317'09"W 9.16' 2�\ Sheet 2 oft Not Valid Without All Sheets N\ CHRISTINE AND HAROLD HALL. INDIAN RIVER COUNTY PROPERTY IDENTIFICATION #30382100001999900012.0 O.R.B. 2792, PG. 127 INDIAN RIVER COUNTY PROPERTY IDENTIFICATION #30382100001999900013.0 REVISED 8/24/17 REVISED 4/10/17 SKETCH OF LEGAL DESCRIPTION "This is NOT a Boundary Survey" Drawn by: Checked by File name Date Scale Drawing Name DMT OMT J 6758 04/03/17 1"=40' 6758E1.dwg 1tlasteller, ltloler & Taylor, Inch PROFESSIONAL SURVEYORS AND MAPPERS LAND SURVEYING BUSINESS #464' 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSE # 0R}JEYOR AND MAPPER. "-DAVID TAYLOR P.L.S. 5243 P58 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH: FROM: SUBJECT: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, County Engineer William Johnson, P.E., Roadway Production Engineer Approval of Agreements for Continuing Environmental and Biological Support Services for Engineering Projects RFQ# 2017053 Project No. IRC -1720 DATE: September 21, 2017 DESCRIPTION AND CONDITIONS On August 15, 2017 the Board of County Commissioners approved the four (4) firms selected for the continuing Environmental and Biological Support Services for Engineering Projects with Indian River County. This contract is for two (2) years with an option for two (2) additional two-year extensions at the County's discretion. County staff has negotiated standard fee schedules and the "master" agreement with each individual firm on the selection list. The fee schedule(s) reflect fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual projects and work orders. Theselected firms below have accepted the "master" agreement and submitted fee schedules that have been accepted by reviewing staff: Ecological Associates, Inc. Environmental Science Associates G.K. Environmental, Inc. Kimley-Horn & Associates, Inc. FUNDING Jensen Beach, Florida Delray Beach, Florida Vero Beach, Florida Vero Beach, Florida Funding sources for continuing environmental and biological support services will vary, depending on the type of project and the associated County Division. Staff will provide funding information for each project any time a work order under these contracts is submitted for Board approval. F:\Public Works\ENGINEERING DIVISION PROJECTS\1720 Environmental & Biological Support Services Agreement\1-Admin\Agenda Items\BCC agenda memo Agreements 10-10-2017.doc P59 PAGE TWO BCC Agenda October 10, 2017 William Johnson, P.E., Roadway Production Engineer RECOMMENDATION Staff recommends approval of the attached fee schedules and agreements between the County and the four (4) firms selected and further requests the Board to authorize the Chairman to execute the agreements. ATTACHMENTS 1. Ecological Associates, Inc. Agreement and Fee Schedule 2. Environmental Science Associates Agreement and Fee Schedule 3. G.K. Environmental, Inc. Agreement and Fee Schedule 4. Kimley-Horn & Associates, Inc. Agreement and Fee Schedule DISTRIBUTION 1. Selected Firms 2. RFQ 2017053Committee Members APPROVED AGENDA ITEM FOR OCTOBER 10, 2017 F:\Public Works\ENGINEERING DIVISION PROJECTS\1720 Environmental & Biological Support Services Agreement\1-Admin\Agenda Items\BCC agenda memo Agreements 10-10-2017.doc P60 1 CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORTSERVICES THIS CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES ("Agreement"), RFQ 2017053 entered into as of this day of . 2017 by and between INDIAN RIVER COUNTY, a political Subdivision of the State of Florida, ("COUNTY"), and ECOLOGICAL ASSOCIATES, INC., ("CONSULTANT'). BACKGROUND RECITALS: A. In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, the COUNTY has selected the CONSULTANT to provide certain environmental and biological support services for various and sundry civil and environmental engineering projects ("Services"). B. The CONSULTANT is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and C. The COUNTY and the CONSULTANT wish to enter into this Agreement for the CONSULTANT's Services for various and sundry civil and environmental engineering projects. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.. GENERAL 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $15,000.00. Work Orders shall be performed in a timely, efficient, cost effective manner, and in accordance with current professional standards. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not -to - exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of thisAgreement. P61 2 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONSULTANT by which the COUNTY accepts CONSULTANTs proposal for specific services and CONSULTANT indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the CONSULTANT must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order; and when properly authorized and executed by both the CONSULTANT and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice -to -Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice -to -Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the duration of this Agreement. 1.6 No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property (where required) as necessary for the CONSULTANT to perform its Services, upon timely written request ofCONSULTANT to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. P62 3 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The CONSULTANT shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONSULTANT of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for thespecific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONSULTANT's Services. If the CONSULTANT has been delayed in completing its Services through no fault or negligence of either the CONSULTANT or any sub - consultant, and, as a result will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONSULTANT shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary environmental and biological support services, and other Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. P63 4 3.3 The CONSULTANT agrees to complete the Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and (2) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of thissection. 3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. The CONSULTANT will reply, in writing. to all regulatory agencies' requests for additional information related to a permit application. The CONSULTANT will document all meetings, conversations, etc. with permitting agencies. The CONSULTANT will provide the COUNTY with copies of all permit applications, including attachments, and all related correspondence. The CONSULTANT acknowledges that preparation of all applicable permits for the COUNTY's submittal to regulatory agencies, and the CONSULTANTs written responses to all regulatory agencies' questions until the permit is issued or denied, are included within the scope of basic compensation in each particular Work Order. No additional service work related to permitting will be approved for any reason, except in the case where new permitting requirements become effective after the effective date of a Work Order. 3.9 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. 3.11 The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. P64 5 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONSULTANT. for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The CONSULTANT will confer with the COUNTY during the further development of improvements for which the CONSULTANT has provided design or other services, and the CONSULTANT will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the CONSULTANT. 3.14 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project - related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other govemmental law, regulation, or grant requirement. 3.15 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the CONSULTANT shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and specifications, prepared by the CONSULTANT pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The CONSULTANT shall not be held liable for any modifications made to the documents by others. 4. TERM; DURATION OF AGREEMENT 4.1, This Agreement shall remain in full force and effect for a period of two (2) years after the date of execution thereof, or until completion of all project phases as defined by the COUNTY, whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 'Termination", This Agreement may be P65 extended fortwo additional two (2)year renewal at the discretion ofthe County. 5.. COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum or maximum amount not -to -exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, in triplicate phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Payment for Purchase Orders will be included in the proposal for Purchase Order. 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.061, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an officein Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in thisAgreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. P66 7 6. ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION 7.1 The CONSULTANT shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 CONSULTANT shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONSULTANTs fee: 7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence. 7.2.3 Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $300,000 per occurrence. 7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, eaming, profit, use, and business interruption. cost of replacement power, and other special, indirect, and consequential damages. 7.3 CONSULTANT's insurance coverage shall be primary. 7.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.6 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.7 The insurance companies selected shall send written verification to the County Risk P67 8 Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 CONSULTANT shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub consultants. All coverages for sub - consultants shall be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout.the term of this Agreement. In such event, the COUNTY shall provide the CONSULTANT with separate written notice of such adjusted limits and CONSULTANT shall comply within thirty (30) days of receipt thereof. The failure by CONSULTANT to provide such additional coverage shall constitute a default by CONSULTANT and shall be grounds for termination of this Agreement by theCOUNTY. 7.10 The CONSULTANT shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this Agreement. 8. TERMINATION 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released._ 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the CONSULTANT, or the percentage of work complete as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents prepared by the CONSULTANT for the COUNTY in connection with this P68 9 Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 9. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES. 9.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in - negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit CONSULTANT's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 9.2 Pursuant to the CONSULTANTS' Competitive Negotiation Act, Section 287.055, Florida Statutes, the CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANEOUS PROVISIONS 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. P69 10 Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 10.3 Goveming Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to personsor circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and. enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or anyform of indebtedness. 10.8 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. 10.9 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singuiar or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction, to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. P70 11 10.10Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.11 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(a�ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [Remainder of page intentionally left blank; signature page to follow.] P71 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. ECOLOGICAL ASSOCIATES, INC. INDIAN RIVER COUNTY By its Board of County Commissioners By y F. DeForest, CEO Date QciiP, 0I/ Witness: By Printed Name at 1Z.A�e.4"1/1 t'Z2J By Joseph E. Flescher, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 12 • P72 ECOLOGICAL ASSOCIATES, INC. RATE AND FEE SCHEDULE FOR INDIAN RIVER COUNTY Effective Dates: October 1, 2017 — September 30, 2019 1) Personnel (Hourly Rates, Inclusive of Overhead and Profit): Professional Title Rate Principal (President/Scientific Director) Project Manager Senior Scientist II Senior Scientist I/Gopher Tortoise Specialist Biologist II Biologist I Lab/Field Technician Associate Scientist (Specialist) Scientific Diver $130.00 $115.00 $105.00 $95.00 $90.00 $80.00 $55.00 $150.00 $195.00 2) Equipment Usage Fees: Boat Fees: 16-20ft EAI vessel - $450/day (operations exclusive of crew) 21-25ft EAI vessel - $720/day (operations exclusive of crew) Leased Vessel — Cost plus $160/day (insurance coverage and operations) Kayak - $55/day (exclusive of crew) Diving Operations (gear, safety plan, and operational expenses, excluding personnel) - $160/person/day Precision GPS (sub -meter accuracy) - $265/day ATV and trailer - $80/day Water quality meter - $135/day Other Equipment Usage Fees — Quoted on project -specific basis 3) Travel: Mileage (Applicable GSA mileage rate) Per diem (Quoted on project -specific basis): $ 0.535/mile (current) Cost 4) Dircct Expenses: Cost 5) Sub -contractors: Cost Plus 8.5% Authorized by: to CEO eForest Date P73 1 CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORTSERVICES THIS CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES ("Agreement"), RFQ 2017053 entered into as of this day of , 2017 by and between INDIAN RIVER COUNTY, a political Subdivision of the State of Florida, ("COUNTY"), and ENVIRONMENTAL SCIENCE ASSOCIATES, ("CONSULTANT"). BACKGROUND RECITALS: A. In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, the COUNTY has selected the CONSULTANT to provide certain environmental and biological support services for various and sundry civil and environmental engineering projects ("Services"). B. The CONSULTANT is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and C. The COUNTY and the CONSULTANT wish to enter into this Agreement for the CONSULTANT's Services for various and sundry civil and environmental engineering projects. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $15,000.00. Work Orders shall be performed in a timely, efficient, cost effective manner, and in accordance with current professional standards. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not -to - exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of thisAgreement. P74 2 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONSULTANT by which the COUNTY accepts CONSULTANTs proposal for specific services and CONSULTANT indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the CONSULTANT must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order; and when properly authorized and executed by both the CONSULTANT and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice -to -Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice -to -Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the duration of this Agreement. 1.6 No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANTS attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property (where required) as necessary for theCONSULTANT to perform its Services, upon timely written request ofCONSULTANT to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. P75 3 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The CONSULTANT shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONSULTANT of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for thespecific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONSULTANT's Services. If the CONSULTANT has been delayed in completing its Services through no fault or negligence of either the CONSULTANT or any sub - consultant, and, as a result will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONSULTANT shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANTs control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary environmental and biological support services, and other Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. P76 4 3.3 The CONSULTANT agrees to complete the Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and (2) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. The CONSULTANT will reply, in writing, to all regulatory agencies' requests for additional information related to a permit application. The CONSULTANT will document all meetings, conversations, etc. with permitting agencies. The CONSULTANT will provide the COUNTY with copies of all permit applications, including attachments, and all related correspondence. The CONSULTANT acknowledges that preparation of all applicable permits for the COUNTY's submittal to regulatory agencies, and the CONSULTANT's written responses to all regulatory agencies' questions until the permit is issued or denied, are included within the scope of basic compensation in each particular Work Order. No additional service work related to permitting will be approved for any reason, except in the case where new permitting requirements become effective after the effective date of a Work Order. 3.9 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. 3.11 The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. P77 5 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The CONSULTANT will confer with the COUNTY during the further development of improvements for which the CONSULTANT has provided design or other services, and the CONSULTANT will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the CONSULTANT. 3.14 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project - related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other govemmental law, regulation, or grant requirement. 3.15 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the CONSULTANT shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or otherdata. 3.16 All documents, including but not limited to drawings and specifications, prepared by the CONSULTANT pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The CONSULTANT shall not be held liable for any modifications made to the documents by others. 4. TERM; DURATION OF AGREEMENT 4.1 This Agreement shall remain in full force and effect for a period of two (2) years after the date of execution thereof, or until completion of all project phases as defined by the COUNTY, whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 'Termination", This Agreement may be P78 6 extended fortwo additional two (2) year renewal atthe discretion ofthe County. 5.. COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum or maximum amount not -to -exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, in triplicate phased as per the Work Orde shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Payment for Purchase Orders will be included in the proposal for Purchase Order. 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.061, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an officein Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in thisAgreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. P79 7 6. ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION 7.1 The CONSULTANT shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 CONSULTANT shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONSULTANT's fee: 7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence. 7.2.3 Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $300,000 per occurrence. 7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, eaming, profit, use, and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 7.3 CONSULTANTs insurance coverage shall be primary. 7.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.6 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.7 The insurance companies selected shall send written verification to the County Risk P80 8 Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 CONSULTANT shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub consultants. All coverages for sub - consultants shall be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONSULTANT with separate written notice of such adjusted limits and CONSULTANT shall comply within thirty (30) days of receipt thereof. The failure by CONSULTANT to provide such additional coverage shall constitute a default by CONSULTANT and shall be grounds for termination of this Agreement by theCOUNTY. 7.10 The CONSULTANT shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this Agreement. 8. TERMINATION 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (30) days' prior written notice to the. COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the CONSULTANT, or the percentage of work complete as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance withthe terms of this Agreement through no fault of the terminating party. 8.4 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents prepared by the CONSULTANT for the COUNTY in connection with this P81 9 Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 9. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES. 9.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in - negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit CONSULTANT's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 9.2 Pursuant to the CONSULTANTS' Competitive Negotiation Act, Section 287.055, Florida Statutes, the CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANEOUS PROVISIONS 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger, Modification. This Agreement incorporates and includes all prior and contemporaneous- negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. P82 10 Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to personsor circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or anyform of indebtedness. 10.8 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. 10.9 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. P83 11 10.10Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.11 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(aircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [Remainder of page intentionally left blank; signature page to follow.] P84 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. ENVIRONMENTAL SCIENCE ASSOCIATES INDIAN RIVER COUNTY By its Board of County Commissioners By • mas F. ' ie' 76 President DateOtlp7/ cr7 Witness: By Printed Name By Joseph E. Flescher, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Clerk. Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 12 P85 Environmental Science Associates (ESA) Fee Schedule for the period of October 1, 2017 to September 30, 2019 Indian River County IRC -1720 RFQ #2017053 Continuing Environmental and Biological Support Service for Civil and Environmental Engineering Projects on an Annual Contractual Basis for Miscellaneous Projects ESA Classification Technical Classification Minimum Rate Maximum Rate Senior Director Principal Scientist/Engineer_ $ 171 $ 177 Director Professional Scientist/Engineer $ 165 $ 177 Managing Associate Managing Scientist/Engineer $ 144 $ 160 Senior Associate Senior Scientist/Engineer - $ 120 $ 143 Associate Scientist/Engineer $ 81 $ 115 Technician Field Supervisor/Technician ' $ 65 $ 80 Notes: 1. Hourly billing rates represent the raw labor rate x an average of 2.9 labor multiplier 2. Hourly billing rates are inclusive of all direct, indirect and overhead costs, and profit, and reflect the total rate to be billed to Indian River County for services under this agreement 3. Scientist categories refer to natural science professionals with backgrounds in hydrology, geology, ecology and related fields. 4. Engineer categories refer to engineering and design professionals with backgrounds in civil, coastal, geotechnical, and water resources. 5. Sub -consultant and outside services > $300 billed at cost. Thomas F. Ries Vice President 9/20/2017 Date P86 1 CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORTSERVICES THIS CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES ("Agreement"), RFQ 2017053 entered into as of this day of , 2017 by and between INDIAN RIVER COUNTY, a political Subdivision of the State of Florida, ("COUNTY"), and G.K. ENVIRONMENTAL, INC., ("CONSULTANT"). BACKGROUND RECITALS: A. In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, the COUNTY has selected the CONSULTANT to provide certain environmental and biological support services for various and sundry civil and environmental engineering projects ("Services"). B. The CONSULTANT is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and C. The COUNTY and the CONSULTANT wish to enter into this Agreement for the CONSULTANT's Services for various and sundry civil and environmental engineering projects. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: L GENERAL 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over. Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $15,000.00. Work Orders shall be performed in a timely, efficient, cost effective manner, and in accordance with current professional standards. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not -to - exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of thisAgreement. P87 2 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONSULTANT by which the COUNTY accepts CONSULTANTs proposal for specific services and CONSULTANT indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the CONSULTANT must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order; and when properly authorized and executed by both the CONSULTANT and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice -to -Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice -to -Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the duration of this Agreement. 1.6 No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property (where required) as necessary for the CONSULTANT to perform its Services, upon timely written request ofCONSULTANT to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. P88 3 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not limitedto drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services fumished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The CONSULTANT shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONSULTANT of any of the Services fumished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for thespecific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONSULTANT's Services. If the CONSULTANT has been delayed in completing its Services through no fault or negligence of either the CONSULTANT or any sub - consultant, and, as a result will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONSULTANT shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary environmental and biological support services, and other Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. P89 4 3.3 The CONSULTANT agrees to complete the Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and (2) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of thissection. 3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. The CONSULTANT will reply, in writing, to all regulatory agencies' requests for additional information related to a permit application. The CONSULTANT will document all meetings, conversations, etc. with permitting agencies. The CONSULTANT will provide the COUNTY with copies of all permit applications, including attachments, and all related correspondence. The CONSULTANT acknowledges that preparation of all applicable permits for the COUNTY's submittal to regulatory agencies, and the CONSULTANT's written responses to all regulatory agencies' questions until the permit is issued or denied, are included within the scope of basic compensation in each particular Work Order. No additional service work related to permitting will be approved for any reason, except in the case where new permitting requirements become effective after the effective date of a Work Order. 3.9 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. 3.11 The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, uponreasonable request. P90 5 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The CONSULTANT will confer with the COUNTY during the further development of improvements for which the CONSULTANT has provided design or other services, and the CONSULTANT will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the CONSULTANT. 3.14 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project - related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other govemmental law, regulation, or grant requirement. 3.15 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the CONSULTANT shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or otherdata. 3.16 All documents, including but not limited to drawings and specifications, prepared by the CONSULTANT pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The CONSULTANT shall not be held liable for any modifications made to the documents by others. 4. TERM; DURATION OF AGREEMENT 4.1 This Agreement shall remain in full force and effect for a period of two (2) years after the date of execution thereof, or until completion of all project phases as defined by the COUNTY, whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 'Termination", This Agreement may be P91 6 extended fortwo additional two (2) yearrenewal atthe discretion ofthe County. 5.. COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum or maximum amount not -to -exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, in triplicate phased as per the Work Ordec shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Payment for Purchase Orders will be included in the proposal for Purchase Order. 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.061, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an officein Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in thisAgreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. P92 7 6. ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION 7.1 The CONSULTANT shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 CONSULTANT shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONSULTANT's fee: 7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence. 7.2.3 Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $300,000 per occurrence. 7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use, and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 7.3 CONSULTANT's insurance coverage shall be primary. 7.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.6 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.7 The insurance companies selected shall send written verification to the County Risk P93 8 Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 CONSULTANT shall include all sub -consultants as insured under its policies or shall fumish separate certificates and endorsements for each sub consultants. All coverages for sub - consultants shall be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONSULTANT with separate written notice of -such adjusted limits and CONSULTANT shall comply within thirty (30) days of receipt thereof. The failure by CONSULTANT to provide such additional coverage shall constitute a default by CONSULTANT and shall be grounds for termination of this Agreement by the COUNTY. 7.10 The CONSULTANT shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this Agreement. 8. TERMINATION 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the CONSULTANT, or the percentage of work complete as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance withthe terms of this Agreement through no fault of the terminating party. 8.4 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents prepared by the CONSULTANT for the COUNTY in connection with this P94 9 Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 9. TRUTH -IN -NEGOTIATION CERTIFICATE:CONTINGENCY FEES. 9.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in - negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit CONSULTANT's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 9.2 Pursuant to the CONSULTANTS' Competitive Negotiation Act, Section 287.055, Florida Statutes, the CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANEOUS PROVISIONS 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. P95 10 Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to personsor circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or anyform of indebtedness. 10.8 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. 10.9 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. P96 11 10.10Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.11 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 pubiicrecordsOircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [Remainder of page intentionally left blank; signature page to follow.] P97 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. G.K. ENVIRONMENTAL, IN eor Date 1/A4/1 Witness: dent INDIAN RIVER COUNTY By its Board of County Commissioners By Joseph E. Flescher, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 12 P98 G. K. ENVIRONMENTAL,' INC. Environmental Consulting GEORGE R. KULCZYCKI, CEC, CES, CEI 155 McKee Lane Vero Beach, FL 32960 Phone 772-567-9129 Emaildme.als>n G. K. Environmental, Inc. Fee Schedule & GKE Subcontractor Fee Schedule • 10/1/17-9/30/19 G. K. Environmental, Inc. Fee Schedule President, Principal Ecologist Administrative Assistance GKE boat / fuel / associated sampling water sampling equipment $150.00 / hour (or lump sum) $ 55.00 / hour (or lump. sum) $ 95.00 / hour (or lump sum) J Phase I Audits / Environmental Site Assessments ... GKE Standard Fee: (includes historic aerial site reviews / onsite inspections, $3,485.00 (<5.0 acre site) and evaluations of: hazardous waste, preliminary endangered & threatened species, and approximate wetland locations) GKE reimbursement expenses photo b/w copies $0.15; photo color copies $0.45; postage: per postage invoice Travel No Cost in IRCo / $0.50 mile outside IRCo G. K. Environmental, Inc. Subcontractor Coordination and Supervision Services Fee Schedule Certified Gopher Tortoise Surveys Landscape & Maintenance Service Archaeological Service CAD Operator Field Assistant I. Field sistant : iologist / hemist ologist $130.00 / hour. or 10% per proposal 10% per proposal 10% per proposal $ 95.00 per hour $ 60.00 per hour 90.00 per hour a X17 Date P99 1 CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORTSERVICES THIS CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES ("Agreement"), RFQ 2017053 entered into as of this day of , 2017 by and between INDIAN RIVER COUNTY, a political Subdivision of the State of Florida, ("COUNTY"), and KIMLEY-HORN AND ASSOCIATES, INC., ("CONSULTANT'). BACKGROUND RECITALS: A. In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, the COUNTY has selected the CONSULTANT to provide certain environmental and biological support services for various and sundry civil and environmental engineering projects ("Services"). B. The CONSULTANT is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and C. The COUNTY and the CONSULTANT wish to enter into this Agreement for the CONSULTANT's Services for various and sundry civil and environmental engineering projects. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total Iessthan $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $15,000.00. Work Orders shall be performed in a timely, efficient, cost effective manner, and in accordance with current professional standards. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not -to - exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of thisAgreement. P100 2 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONSULTANT by which the COUNTY accepts CONSULTANT's proposal for specific services and CONSULTANT indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the CONSULTANT must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order; and when properly authorized and executed by both the CONSULTANT and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice -to -Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice -to -Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the duration of this Agreement. 1.6 No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property (where required) as necessary for the CONSULTANT to perform its Services, upon timely written request ofCONSULTANT to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. P101 3 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within areasonable time. 2.5 Approval by the COUNTY of any of the CONSULTANTs work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY'S review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The CONSULTANT shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONSULTANT of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for thespecific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONSULTANT's Services. If the CONSULTANT has been delayed in completing its Services through no fault or negligence of either the CONSULTANT or any sub - consultant, and, as a result will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONSULTANT shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary environmental and biological support services, and other Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. P102 4 3.3 The CONSULTANT agrees to complete the Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and (2) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. The CONSULTANT will reply, in writing, to all regulatory agencies' requests for additional information related to a permit application. The CONSULTANT will document all meetings, conversations, etc. with permitting agencies. The CONSULTANT will provide the COUNTY with copies of all permit applications, including attachments, and all related correspondence. The CONSULTANT acknowledges that preparation of all applicable permits for the COUNTY's submittal to regulatory agencies, and the CONSULTANTs written responses to all regulatory agencies' questions until the permit is issued or denied, are included within the scope of basic compensation in each particular Work Order. No additional service work related to permitting will be approved for any reason, except in the case where new permitting requirements become effective after the effective date of a Work Order. 3.9 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. 3.11 The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. P103 5 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The CONSULTANT will confer with the COUNTY during the further development of improvements for which the CONSULTANT has provided design or other services, and the CONSULTANT will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the CONSULTANT. 3.14 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project - related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other govemmental law, regulation, or grant requirement. 3.15 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the CONSULTANT shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and specifications, prepared by the CONSULTANT pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The CONSULTANT shall not be held liable for any modifications made to the documents by others. 4. TERM; DURATION OF AGREEMENT 4.1 This Agreement shall remain in full force and effect fora period of two (2) years after the date of execution thereof, or until completion of all project phases as defined by the COUNTY, whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 "Termination", This Agreement may be P104 6 extended fortwo additional two (2)yearrenewal at the discretion ofthe County. 5.. COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum or maximum amount not -to -exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, in triplicate phased as per the Work Ordec shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Payment for Purchase Orders will be included in the proposal for Purchase Order. 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.061, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an officein Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in thisAgreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. P105 7 6. ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION 7.1 The CONSULTANT shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 CONSULTANT shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONSULTANTs fee: 7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence. 7.2.3 Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $300,000 per occurrence. 7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use, and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 7.3 CONSULTANT's insurance coverage shall be primary. 7.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.6 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.7 The insurance companies selected shall send written verification to the County Risk P106 8 Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 CONSULTANT shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub consultants. All coverages for sub - consultants shall be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONSULTANT with separate written notice of such adjusted limits and CONSULTANT shall comply within thirty (30) days of receipt thereof. The failure by CONSULTANT to provide such additional coverage shall constitute a default by CONSULTANT and shall be grounds for termination of this Agreement by the COUNTY. 7.10 The CONSULTANT shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this Agreement. 8. TERMINATION 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the CONSULTANT, or the percentage of work complete as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance withthe terms of this Agreement through no fault of the terminating party. 8.4 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents prepared by the CONSULTANT for the COUNTY in connection with this P107 a. 9 Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 9. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES. 9.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in - negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit CONSULTANT's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 9.2 Pursuant to the CONSULTANTS' Competitive Negotiation Act, Section 287.055, Florida Statutes, the CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANEOUS PROVISIONS 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. P108 10 Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or anyform of indebtedness. 10.8 Public Records. The CONSULTANT shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. 10.10 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly P109 11 represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 10.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.12 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords( ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [Remainder of page intentionally left blank; signature page to follow.] P110 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. KIM By CIATES, INC. INDIAN RIVER COUNTY By its Board of County Commissioners By Brian .:.d, P.E., •r. Vice President Joseph E. Flescher, Chairman Date Approved by BCC: Date e6.5-- / q Witness: Printed Name Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attomey 12 P111 Kimley>»Horn Exhibit 1 RFQ # 2017053 — Continuing Environmental and Biological Support Services for Civil and Environmental Engineering Projects IRC Project No. 1720 SCHEULE OF HOURLY BILLING RATES Effective October 1, 2017 to September 30, 2019, the following rates are utilized in calculating invoices for services: Senior Professional $160.00 - $225.00 Registered Professional $125.00 - $175.00 Professional 2 $105.00 - $125.00 Professional 1 $85.00 - $110.00 Designer $105.00 - $120.00 Senior Support Staff $65.00 - $85.00 Support Staff $50.00 - $70.00 Reimbursable expenses will be billed at 4% of labor. Direct expenses (laboratory, Phase II well drilling etc.) will be in addition to the labor and reimbursable expenses. Permit application fees will be paid by the County: ' Appr Brian A. Senior ood, ° . i e Preside kimley-horn: corn 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100 P112 CONSENT AGENDA: 10/10/17 0' Ofce of INDIAN RIVER COUNTY . ATTORNEY 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 Attorney ,� ],._ DATE: September 27, 2017 kyr SUBJECT: Release and Satisfaction of Demolition Lien (Lot 1, Albrecht Grove Subdivision) On July 14, 2016, Indian River County recorded a demolition lien against Lot 1 of Albrecht Grove Subdivision in the amount of $15,495.10. The property has subsequently been sold through a tax deed sale and there were excess funds from that sale which satisfied the entire lien including accrued interest. Attached for the Board's consideration is a Release and Satisfaction of Lien. FUNDING: The only cost associated with this item is the recordation fee for recording the Release and Satisfaction in the amount of $10.00 which amount is available from the County Attorney's Office/Other Professional Services, Account No. 00110214-033190. REQUESTED ACTION: Authorize the Chairman to execute the Release and Satisfaction of Lien for recordation in the Public Records of Indian River County, Florida. nhm Attachment: Release and Satisfaction of Lien P113 Prepared by and retum to: Indian River County Attorney's Office 1801 27th Street Vero -Beach, FL 32960. RELEASE AND SATISFACTION OF LIEN FOR AND IN CONSIDERATION of certain sums paid, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereby releases HECTO BELLO and the property hereinafter described from that certain lien recorded in O.R. Book 2949, at Page 2262 and Resolution recorded in O.R. Book 2981, at Page 176 of the Public Records of Indian River County, Florida, which property is more particularly described as: Lot 1, ALBRECHT GROVE SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 100, of the Public Records of Indian River County, Florida. Parcel No. 33-39-04-00008-0000-00001.0 EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, this day of October, 2017. BOARD OF COUNTY OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: By Deputy Clerk Joseph E. Flescher, Chairman BCC approved: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of October, 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 printed name: Commission No.: Commission Expiration: Approved as to form and legal su William K. DeBraal, Deputy County Attomey P114 CONSENT AGENDA: 10/10/17 O L Office of INDIAN RIVER COUNTY ATTORNEY 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 Attorney DATE: September 27, 2017 SUBJECT: Partial Satisfaction of. Demolition Lien (Lot 7, Less the East 70 feet thereof, Block 14, Tropicolony, Inc. Number Four) On December 11, 2013, Indian River County recorded a demolition lien against Lot 7, less the East 70 feet thereof, Block 14, of Tropicolony, Inc. Number Four in the amount of $5,950.20. The property has subsequently been sold through a tax deed sale and there were excess funds from that sale which were received on August 18, 2017 in the amount of $548.82. Attached for the Board's consideration is a Partial Satisfaction of Lien. FUNDING: The only cost associated with this item is the recordation fee for recording the Partial Satisfaction in the amount of $10.00 which amount is available from the County Attorney's Office/Other Professional Services, Account No. 00110214-033190. REQUESTED ACTION: Authorize the Chairman to execute the Partial Satisfaction of Lien for recordation in the Public Records of Indian River County, Florida. nhm Attachment: Partial Satisfaction of Lien P115 Prepared by and return to: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 PARTIAL SATISFACTION OF LIEN FOR AND IN CONSIDERATION of $548.82 paid on August 18, 2017, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereby partially releases WILMA H. MARTIN and the property hereinafter described from that certain lien recorded in O.R. Book 2723, at Page 2262 of the Public Records of Indian River County, Florida, which property is more particularly described as: Lot 7, LESS the East 70 feet thereof, Block 14, TROPICOLONY, INC. NUMBER FOUR, according to the Plat thereof, as recorded in Plat Book 5, Page 32, of the Public Records of Indian River County, Florida. Parcel No. 33-39-04-00014-0140-00007.1 EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, this day of October, 2017. BOARD OF COUNTY OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: By Deputy Clerk Joseph E. Flescher, Chairman BCC approved: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of October, 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 printed name: Commission No.: Commission Expiration: Approved as to fo and legal sUL William I<. DeBraal, Deputy County Attorney P116 lob! INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Ardra Rigby and Bill Rigby ADDRESS: 8465 59th Avenue PHONE: 772-501-4753 SUBJECT MATTER FOR DISCUSSION: Drainage in Wabasso Community IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? VES VES x x NO NO What can be done to resolve drainage issues in our community? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? x YES NO Transmitted to Administrator Via: Interactive Web Form E -Mail x_ Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: Octoberl0, 2017 Do«una P117 Office of the ILA INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: October 3, 2017 SUBJECT: Meetings of the Indian River County Board of County Commissioners Proposed 2018 Meeting Dates Attached for the Board of County Commissioners consideration is a proposed schedule of Board meeting dates for 2018. Staff requests direction from the Board. P118 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 2018 MEETING DATES 9:00 A.M. January 9, 2018 Cil, January 16, 2018 January 23, 2018 February 6, 2018 February 13, 2018 February 20, 2018 March 6, 2018 March 13, 2018 March 20, 2018 Seer 11, 2018 April 3, 2018 April 10, 2.0`1$ April 17;0 May 1,2018—g. AEI sza_a rv-'+�P�o —� a��s May.8.,2�8 _-. of may 15,20` n_ ���y 22, 2018 Ju rte-55� 2018 Fa 08 June 12, ....:.,... Ap Draft 2018 BCC Meeting Dates P119 June 19, 2018 July 3, 2018 July 10, 2018 a ® July 17, 2018 ‘-t.`August 14, 2018 Seer 11, 2018 Septemb 2018 October 2,8 October 9, 2018 N.F.-N---:-.1/4 October 16, 2018 . "October 23, 2018 November 6, 2018 November 13, 2018 November 20, 2018 December 4, 2018 December 11, 2018 December 18, 2018 P119 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM DEPARTMENTAL TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully, P.E., Stormwater Engineer #114// SUBJECT: Update on the ongoing Pilot Plant Study for a Full -Scale Managed Aquatic Plant Pollutant Removal System Treating Water from the North Relief Canal DATE: September 21, 2017 DESCRIPTION AND CONDITIONS On August 16, 2016, the Board of County Commissioners entered into a contract with Van Ert, Nemoto and Associates, LLC ("VEN"), to perform a pilot plant study to investigate a managed aquatic plant pollutant removal system along the Indian River Farms Water Control District's (IRFWCD) North Relief Canal. The study is underway and the purpose of this Agenda Item is to provide a summary of results obtained through August 30, 2017. A brief PowerPoint presentation is part of the Agenda Item. The pilot plant study consists of four distinct stages: • Stage 1 — Site Selection, Preliminary Water Testing, and Pilot Plant Construction (complete) • Stage 2 — Pilot Testing: Emergent Plant Down -Select (complete) • Stage 3 — Pilot Testing: Optimal Plants and Parameters (ongoing) • Stage 4 — Preliminary Full Scale Design Report (to be performed) Stage 1 In Stage 1, the pilot plant site was selected and a permit to install the pilot plant system was obtained from IRFWCD. The site is located on the north bank of the North Relief Canal (NRC) just west of 58th Avenue, abutting Pine Ridge Club subdivision. VEN contacted Pine Ridge Club's Homeowners Association (HOA) and explained the project in detail to pertinent HOA members. Afterward, the HOA issued a formal Letter of Support to VEN stating it has no objection to the project location. The pilot plant constructed in Stage 1 consisted of a dual treatment system that would compare pollutant removal abilities of a managed aquatic plant system using various aquatic plant modules, with an attached algae system's pollutant removal abilities. Stage 1 water quality testing (October 14, 2016 — November 17, 2016) measured a range of NRC water chemistry parameters, including nitrogen, phosphorous, micronutrients, heavy metals, and herbicides. The average total nitrogen (TN) and total phosphorous (TP) concentrations in the canal over the Stage 1 testing period were 0.70 mg/L and 0.12 mg/L, respectively. However, it is important to note that Stage 1 testing began shortly after hurricane Matthew and as stormwater runoff from c:\users\legistar\appdata\local\temp\bcl technologies\easypdf 8\@bcI@ 180e 1 b4c\@bcl@ 180e 1 b4c.doc P120 Page 2 North Relief Canal Managed Aquatic Plant Pilot Plant Update BCC Meeting — October 3, 2017 the hurricane decreased, nutrient levels decreased dramatically over the remainder of the Stage 1 testing period. In comparison, average TP levels in the NRC were similar to Egret Marsh influent data from 2010-2011 (0.10 mg/L), whereas the TN was lower than Egret Marsh's 2010- 2011 yearly average (0.95 mg/L). It is notable that the percentage of bioavailable nitrogen (NH4 and NOx) represents only a small fraction of the NRC's TN, suggesting the potential for periodic nitrogen limitation and deficiency in the NRC. We did not detect meaningful levels of herbicides or heavy metals in the NRC. Stage 2 Stage 2's goal was to experimentally identify the most efficient aquatic plant combination/strategy for NRC nutrient reduction. The primary pilot plant focus was a series treatment train consisting of floating aquatic plants followed by a flat algal treatment cell, followed by a treatment cell containing emergent aquatic plants'. This system is identified by the acronym LEAPS, meaning Low Energy Aquatic Plant System. The LEAPS was operated in parallel with and compared to a separate attached algae pilot system. During Stage 2 we compared the LEAPS' TN and TP removal efficiency to the standalone attached algae system. The LEAPS exhibited superior areal biomass production and N/P areal removal rates2 (ARRs) compared to the attached algae system.3 To confirm this trend, we continued the comparative testing of the two systems into Stage 3. On June 18, we discontinued operation of the standalone algae system due to consistent observations of diminishing quality and quantity of crop on the algae platform, coupled with additional data confirming the superior performance of the LEAPS system.4 Results also showed that the most efficient LEAPS consists of one or more water lettuce modules followed by an algal module. The Stage 2 study showed that the LEAPS module containing the emergent aquatic plants provided only minimal additional nutrient removal and it was therefore, eliminated from consideration during the Stage 3 study. Stage 3 (Through August 30, 2017) During Stage 3, we are focusing testing efforts on the LEAPS technology to determine the efficiency of the different modules as it relates to biomass production and the corresponding ARRs of Nitrogen and Phosphorous. The combined biomass -based ARR of the LEAPs system The emergent plants were installed so that the plant's roots were submerged in the water column, allowing them maximum access to the NRC nutrients. 2 Aerial Removal Rate (ARR) = The TN or TP present in the harvested biomass (or removed based on water quality data) divided by the surface area of the treatment unit. 3 LEAPS ARRAN= 40.9 g/m2/yr, ARRTP = 7.0 g/m2/yr ; Algae System ARRTN= 27.6 g/m2/yr, ARRTP= 6.3 g/m2/yr 4 LEAPS ARRTrr = 52.2 g/m2/yr, ARRTP = 9.7 g/m2/yr; Algae System ARRTN = 33.3 g/m2/yr , ARRTP= 7.7 g/m2/yr. Comparative areal removal rates were calculated from harvest data from 1/23/2017 to 6/18/2017; we discontinued the operation of the stand-alone algae system on 6/18. Note that the LEAPS areal removal rate calculations do not include the Emergent Plant Module as the system was not weighed or harvested during that time. Stage 2 composite tissue data was used to estimate TN and TP levels in biomass between systems C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@180E1 B4C\@BCL@180E1 B4C.doc P121 Page 3 North Relief Canal Managed Aquatic Plant Pilot Plant Update BCC Meeting — October 3, 2017 as of August 14, 2017, was 71.1 g/m2/yr TN and 13.3 g/m2/yr TP. These values compare favorably to the performance of the combined Egret Marsh Algal Turf Scrubber and Polishing Pond/Wetland System, which exhibited ARRs of 30.1 g/m2/yr TN and 8.4 g/m2/yr TP.5 Within the LEAPS system, the first water lettuce tank exhibited considerably higher ARRs (98.1 g/m2/yr TN and 17.3 g/m2/yr TP) than the downstream water lettuce tank and algae floway; these data can be leveraged in a full-scale system design to maximize areal removal efficiencies while minimizing per pound removal costs. In addition to biomass -based analyses, weekly composite water samples were collected allowing water quality monitoring of key nutrients and micronutrients in influent and treated effluent. Water quality based ARRs calculated for the LEAPS system from data collected over the Stage 2 and Stage 3 period (to August 28, 2017), were similar to the biomass based ARRs (Water Quality LEAPs ARR = 59.3 g/m2/yr TN, 13.4 g/m2/yr TP). Collectively, the Stage 1-3 activities to date have allowed a down -selection of the most effective treatment options on the NRC and when Phase 3 is complete, the associated data can be leveraged to design a full scale system that maximizes areal removal rates of NRC nitrogen and phosphorous, while reducing treatment costs. Preliminary data suggests the most efficient pollutant reduction system should consist of a single water lettuce module followed by a non - sloped algal module as the system's major treatment units, followed by a final polishing pond/passive wetland system. The majority of the pollutant removals will occur in the water lettuce and algal modules, which will be regularly harvested to remove nutrients contained in their excess biomass. FUNDING Funding for the pilot plant study comes from Transportation Fund/Stormwater/Aquatic Plant Pilot Study — Account # 11128138-033190-16031. RECOMMENDATION None. Agenda item presented for information purposes only. ATTACHMENTS 1. Copy of PowerPoint presentation DISTRIBUTION Michael Smykowski, Budget Division APPROVED AGENDA ITEM FOR OCTOBER 3.2017 5 From the Egret Marsh Stormwater Park 319 Grant Final Report C:\Users\IegistarWppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@180E1 B4C\@BCL@180E1 B4C.doc P122 North Relief Canal Project: Status Update r syn Q? .e ilii.' y•a .ei,: Yn•cf. Prepared by: Keith McCully, P.E Matthew Van Ert, Ph.D. September, 2017 0\ Stage 1: Water Quality 10/14-11/17 Stage 1 Water Quality Findings 10/14 —11/17 o Steady decrease In both Nitrogen and Phosphorous following Hurricane Matthew Impacts o Majority of Nitrogen Is organic form 75.1% (dlffe:oh for plants to utilize) o Majority of Phosphorous 15 In Or ho -P state, which Ls readily available to plants o low Nitrogen levels and dominance of Organic Nitrogen suggests Nitrogen deficient conditions exist at site during the period o Suspended solids are low at site and were only detectable hlunediately after Hurricane Matthew Project Basics Three Stages (Field Work) Stage 1: Preliminary Water Quality Investigation, Feasibility Study, Pilot Site Development Stage 2: Comparative Testing of Two Systems • Attached Algae System • Low Energy Aquatic Plant System (LEAPS): Water Lettuce, Algae Floway, and Emergent Aquatic Plants Stage 3: Downselection of system and focused testing Stage 1' Water Quality Trends . 4\ Sa.l t12.13 rha:e l reolno OB Stage 2: Comparison of LEAPS to attached algae system 1/22/2017— 3/28/2017 System 1: LEAPS - 7430 725 Baron Water Le¢000 ranks - 30 root an2Ned apse noway - 725 yalan tank with emergent plants System 2: P-60 .50 root e0art3eo algae noway Ntaewd algae naway PEO - 1 P123 ,_^ •M.M.q.rq a4:•! •De t.320tV iiiad FbIb.M I` Mfir7a'il. Tet3110[eM4e 7 033 Ola Tad Width! Mt*. 3 0.401 0.59 essl 0.2.331012maee1 0.2E0 011 30.10 1130234lerppa3 0.139 OA 442032011maen 3 0 ToIJlOb NOmaee7 0.094 3m 13.40 0ee343130003a442 0.015 031 1.513 Total 32100000333 7 0.123 005 0000.441021, 2 0.124' 0.03 1090 023.40,00633:01 1 0034 OA 1912 Taal StePmdcd SdIdS2 5.25 7.42 1034441201320934244'2 Sots 300 1.22 57.22 34331013a^k Cuba 2 14.40 2w0 Stage 1 Water Quality Findings 10/14 —11/17 o Steady decrease In both Nitrogen and Phosphorous following Hurricane Matthew Impacts o Majority of Nitrogen Is organic form 75.1% (dlffe:oh for plants to utilize) o Majority of Phosphorous 15 In Or ho -P state, which Ls readily available to plants o low Nitrogen levels and dominance of Organic Nitrogen suggests Nitrogen deficient conditions exist at site during the period o Suspended solids are low at site and were only detectable hlunediately after Hurricane Matthew Project Basics Three Stages (Field Work) Stage 1: Preliminary Water Quality Investigation, Feasibility Study, Pilot Site Development Stage 2: Comparative Testing of Two Systems • Attached Algae System • Low Energy Aquatic Plant System (LEAPS): Water Lettuce, Algae Floway, and Emergent Aquatic Plants Stage 3: Downselection of system and focused testing Stage 1' Water Quality Trends . 4\ Sa.l t12.13 rha:e l reolno OB Stage 2: Comparison of LEAPS to attached algae system 1/22/2017— 3/28/2017 System 1: LEAPS - 7430 725 Baron Water Le¢000 ranks - 30 root an2Ned apse noway - 725 yalan tank with emergent plants System 2: P-60 .50 root e0art3eo algae noway Ntaewd algae naway PEO - 1 P123 Stage 2 Objectives o Compare plant/algae yields between systems and measure levels of N and P In tissue o Calculate Areal Removal Rate,(ARR). = amount of. N and P In harvested plants/algae removed from systems divided by system area over a time period. • Overall ARA = (Tank 1 area)(% of Total area represented by Tank i) + (Tank 2 area" of Total area represented by Tank 2) + ... + (Tank N area)(% of Total area represented by Tank N). . ARA typically expressed as atm./year o Confirm ARRs and nutrient removal performance by measuring N and P concentrations In system Influents versus effluents based on composite water samples Stage 2 Composite Tissue Sample Analysis Au "•.I Stage 3: Testing bf LEAPS o Focus testing on LEAPS system based on Its superior performance relative to a stand- alone algae system • • Harvest and plant tissue based monitoring • Continue and focus water quality testing Site Pictures Performance Comparisons: LEAPS versus P-60 Attached Algae Floway LEAPS showed superior areal removal rates (ARRs) to the P60 throughout Stage 2 and Into early phases of Stage 3 ••..rme.,st z me..<............e...v„no,r..n.m,r. 111.63 Mo. Stage 3: LEAPS Module Specific ARRs (based on harvested biomass 1/23/2017-8/14/2017) o ARRs of LEAPS as of 8/14/17: N= 71.1 and P = 13.3 2/m2/Yr; this value exceeds ARRs of Egret Marsh Stormwater Treatment Park o ARRs of individual modules of the LEAPS system were also determined (presented below) o WL tank 1 exhibits very high ARRs (best removal based on footprint): N=98.1 g/rn'/yr and P= 17.3 g/m'/yr MIME, Foe. LIE 11111/0 2 P124 LEAPS •• 0 118 P60 Clarifier a Ili i ; !fill l t i / t P 1 "•.I Stage 3: Testing bf LEAPS o Focus testing on LEAPS system based on Its superior performance relative to a stand- alone algae system • • Harvest and plant tissue based monitoring • Continue and focus water quality testing Site Pictures Performance Comparisons: LEAPS versus P-60 Attached Algae Floway LEAPS showed superior areal removal rates (ARRs) to the P60 throughout Stage 2 and Into early phases of Stage 3 ••..rme.,st z me..<............e...v„no,r..n.m,r. 111.63 Mo. Stage 3: LEAPS Module Specific ARRs (based on harvested biomass 1/23/2017-8/14/2017) o ARRs of LEAPS as of 8/14/17: N= 71.1 and P = 13.3 2/m2/Yr; this value exceeds ARRs of Egret Marsh Stormwater Treatment Park o ARRs of individual modules of the LEAPS system were also determined (presented below) o WL tank 1 exhibits very high ARRs (best removal based on footprint): N=98.1 g/rn'/yr and P= 17.3 g/m'/yr MIME, Foe. LIE 11111/0 2 P124 Water Quality Data Stage 2/3 Monthly Average Total Nitrogen (2/1/2017 to 8/28/2017) Monthly Average nitrogen levels in Influent and LEAPS/PMO - FfIluents'(2/6-8/28) Warr. Qualify .Based ARR= 59.3 g/ot /yr Total (1 11 A surprising finding... o High levels of sludge accumulation In Water Lettuce tanks - Precipitating dissolved solids? o Not explained by simple suspended voids setting e Pre,mnwry bsLrai:e even:nerd lett ldefal ark natal uMv Malice e < 17% d Nudger rade Lee whiled by eaealp .rite yam mewl O Tissue analysis incka(es: o - 1.0 % Nitrogen a 0 0.2% Phosphorous o A lucrative target for N and P removal :__ Water Lettuce Tank 2 Sludge Analysis In Tank 2 sludge accounts for. • 53% of the total dry mass • 39% of Nitrogen • 4396 of Phosphorous 4V14., acivae, TANK 2 MASS sze _ewe TANK] N eel' , _ e• TANK 2 P Water Quality Data Stage 2/3 Monthly Average Total Phosphorous (2/1/2017 to 8/28/2017) 'r.r A.ar�thlY Aver.se:Phu.phorous tcvelt'It Inll.ivnt .std ttAos/Pco ttnucotr • Water Duality las_d ARR =13.19 g/me/yr TotalP Water Lettuce•Tank 1 Sludge Analysis In Tank 1 sludge accounts for. • 40% of the total dry mass • 33% of Nitrogen • 35% of Phosphorous .11,91 6.111.1 Viarrall aar• TANK 1 DRY MASS TANK 1 NITKOGFN aarrJANK 1 PNOSPNOROUS rem, Summary Stage 1: A'Wfent (awls In the NRC exhibit a seasonal degree or nitrogen 8e@ation/defldency, but WQ 1Rm00015 are Stdr:ent to support algae/WL growth e Stage 2: Comparative ta5t1 9 dertonstrated LEAPS ne9 superior N and P removal yenta a stand -done attached algae system o Preliminary Stage 3 tes0llg findings: • Obrrsu-bud Mita centrum fa matIy to sed me .a.ed (arafwle sy.hmf (Se.. tae Ewe, Nardi Algal TOI 50rma.r - Weland system) • Weer aualeydaL. bed Mk NahIy guitar to blamaa-btSM ARRA MI -mak 09119 te mashie. bebvtM/nmo0 ATMs; data ma h. levers. lot . A hIF.ak LENS system Ahoo1 I.orywak a .ledge capture and bndtkp syaten e Major advantages of the LEAPS: • No lessor crap dans, prow ce1.0m and flow IMwnptlom • Opdoe for day9ane ettr pimping to rade[• ova 3 P125 North Relief Canal Project: Status Update V N Consrttiny Prepared by: Keith McCully, P.E. Matthew Van Ert, Ph.D. October 10, 2017 Project Basics Three Stages (Field Work) Stage 1: Preliminary Water Quality Investigation, Feasibility Study, Pilot Site Development Stage 2: Comparative Testing of Two Systems • Attached Algae System • Low Energy Aquatic Plant System (LEAPS): Water Lettuce, Algae Floway, and Emergent Aquatic Plants Stage 3: Downselection of system and focused testing MO. /0/47 p l a� Stage 1: Water Quality 10/14-11/17 11111111V11111I1111111111111111111111111111111111I11111111111M14. .1111111111111111111111111111111[ (IlIIP'artattatlliiiiiiii 5empleSiia(N) Maan)t(m't Aveiagaii tStaridardDevtatton(c)1 1111;1141401111 iNliiiiilliiiiiiiiiillii iiiiililiiiiii IFllllil�llllllifiiil 11iUliiiillliilliiii iiiiiiitiiiiiilii Total Nitrogen 7 A.698, ' 0.24 Total Kjeldahl Nitrogen 7 0.604 0.19 86.6% Organic Nitrogen 2 0.690 0.21 78.1% NOx Nitrogen (Nitrite + Nitrate) 7 0.094 0.05 13.4% Ammonia Nitrogen 2 0.075 0.11 8.5% Total Phosphorous 7 0.123 0.06 Ortho -Phosphorous 2 0.116 0.05 70.9% Organic Phosphorous 2 0.048 0.05 29.1% Total Suspended Solids 2 5.25 7.42 Total Volatile Suspended Solids 2 3.00 4.24 57.1% Total Organic Carbon 2 14.40 2.40 Total Nitrogen = NOx Nitrogen + TKN Nitrogen TKN = Organic Nitrogen + Ammonia Nitrogen P127 Stage 1: Water Quality 10/14-11/17 IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIiiii IINIIiiStatstiliiiiiiiiiiiIIIIIIIIIIIIIIIIIIIiii! 11111111111pari; 141IIIIIIIIII3s"amplAiltt(N)1 dShuiiiilliiiiiiiiiiiiiiiiiiiii(11111 Aveiag!Mean)1141).) !Standard�Devietlon(n(I (IIf%'ofrTotalIII i i11 11111111111111111111111111111111111111 104j1=1141041111%ofaTotalllll u11111111111111111H111n111111llllllnt IIIn11111IIn11i Total Nitrogen 7 0.698 0.24 7 Total Kjeldahl Nitrogen 7 0.604 0.19 86.6% i iNa°g I 2 0.690 0.21 1 +8 1++ 0.690 # ((r"4Ir`,r:tttti"r•tt)ti! IIItiIIItitNiirate)IIIIili I1 7 0.094 0.05 j j )rr`. 1 III '11 111111111;1111 0.05 AmmoriiaNitrogen11(11 ititIUltillilli(Il ff 2 0.075 0.11 85%ijlf5 11111 I Total Phosphorous 7 0.123 0.06 Ortho -Phosphorous 2 0.116 0.05 70.9% Organic Phosphorous 2 0.048 0.05 29.1% Total Suspended Solids 2 5.25 7.42 Total Volatile Suspended Solids 2 3.00 4.24 57.1% Total Organic Carbon 2 . 14.40 2.40 Stage 1: Water Quality 10/14-11/17 IIUIIIIIIIII1iIIIIIIIIIIIIll l1111111111111111N111UIIIIIIIIIIS dShuiiiilliiiiiiiiiiiiiiiiiiiii(11111 1111 1iiiIIIIIIII111IIIIIItIIIIII• IIIHParameteil1111111I1 sarnpleSlie(N) IAverage(Mean)(rng,tt 104j1=1141041111%ofaTotalllll 11111111111111 111111111111111111111 111111111111111111111 11111111111111111 Total Nitrogen 7 0.698 0.24 Total Kjeldahl Nitrogen 7 0.604 0.19 86.6% Organic Nitrogen 2 0.690 0.21 78.1% NOx Nitrogen (Nitrite + Nitrate) 7 0.094 0.05 13.4% Ammonia Nitrogen 2 0.075 0.11 8.S% s:fTotalPhosphorous 7 +, 0123. 0.06 Ortho -Phosphorous 2 0.116 0.05 70.9% Organic Phosphorous 2 0.048 0.05 29.1% Total Suspended Solids 2 5.25 7.42 Total Volatile Suspended Solids 2 3.00 4.24 57.1% Total Organic Carbon 2 14.40 2.40 Pia? Total Phosphorus = Inorganic Phosphorus (Ortho - Phosphorus --> a.k.a. Reactive Phosphates) + Dissolved Organic Phosphorus Stage 1: Water Quality 10/14-11/17 IIIIIIIIIIIII111111111IIIIIII11111111t1111111111111111111111111W.:d. 111111111111111111111111111111111 liji IIIIIPaiameterllIIIIIIII' lSaniplejSiie�{N)tI Avenge(Mean)(m9iL)(Stan�dard,Devlation�)c )1 I llg!o63otaill[ intIIIIIIIIII111IIIIIIIIIII IIIIIII11111III1IIIINIHIIIIUIIIHI 1111111111111111111111 1111111111111111 Total Nitrogen 7 0.698 0.24 Total Kjeldahl Nitrogen 7 0.604 0.19 86.6% Organic Nitrogen 2 0.690 0.21 78.1% Nitrate Nitrogen 3 0.139 0.05 Nitrite Nitrogen 3 U NOx Nitrogen (Nitrite + Nitrate) 7 0.094 0.05 13.4% Ammonia Nitrogen 2 0.075 0.11 8.5% Total Phosphorous 7 0.123 0.06 O�hc��ll�ofpho of� s 1111�idgli1 ospho u'4II11' 2 0.116 0.05 /OS IIIII `t1 1111 O _t"i�P.ho� o .:: IIII i!11 INNI €'II11,, 2 0.048 0.05 291 � IIIIIh k 11III Total Suspended Solids 2 5.25 7.42 Total Volatile Suspended Solids 2 3.00 4.24 57.1% Total Organic Carbon 2 14.40 2.40 Stage 1: Water Quality 10/14-11/17 IllU Illi11111iiillliIl Ii1111llllllill111111111lilflit IVA*1441111 iIIIIllI111Iii11{iiiiiiitIIi 11 iiiParometerllllttlit1+SanipleiSae!(N)t Averaret(Mean) m8f5) 1StandardMeviatiaanta)I 11h%o4 Valli IIIII11IItlltIil11tl111I'?11111111111MMt -� IIUIIIIIIIIIII 1111 MI1111111N1111IWI i 1IUt111111111" Total Nitrogen 7 0.698 0.24 Total Kjeldahl Nitrogen 7 0.604 0.19 86.6% Organic Nitrogen 2 0.690 0.21 78.1% Nitrate Nitrogen 3 0.139 0.05 Nitrite Nitrogen 3 U NOx Nitrogen (Nitrite + Nitrate) 7 0.094 0.05 13.4% Ammonia Nitrogen 2 0.075 0.11 8.5% Total Phosphorous 7 0.123 0.06 Ortho -Phosphorous 2 0.116 0.05 70.9% Organic Phosphorous 2 0.048 0.05 29.1% Total Suspended Solids _ 2 II ; 15 25 r 7.42 Total Volatile Suspended Solids 2 3.00 4.24 57.1% Total Organic Carbon 2 14.40 2.40 Stage 1 Water Quality Trends -� l P P Phase 1 Testln Total N and, Total P! 'Total �. ?a .max.. _ . _ ., ._. . __ Fes. 025 t .. f E " I. �11 HURRICANE MATTHEW EFFECTS 02 015 -0xm z 08 ;. E .-0 6 0.4, 02' - - f 005 Os. '. i j 1 0 10/12/2017 1 10/17/2017, T10/22/201 047/7017.;,... LyZoji11/6/2017 71/11/2017 11/16/2017 .11/2 q01.,7k, Stage 1 Water Quality Findings 10/14-11/17 o Steady decrease in both Nitrogen and Phosphorous following Hurricane Matthew impacts o Majority of Nitrogen is organic form = 78.1% (difficult for plants to utilize) o Majority of Phosphorous is in Ortho -Phosphorus state = 70.9% (readily available to plants) o Low Nitrogen levels and dominance of Organic Nitrogen suggests Nitrogen deficient conditions existed at the site during Stage 1 o Suspended solids are low at site and were only detectable immediately after Hurricane Matthew Stage 2: Comparison of LEAPS to attached algae system 1/22/2017 — 3/28/2017 System 1: LEAPS - Two 725 gallon Water Lettuce Tanks - 30 foot attached algae floway - 725 gallon tank with emergent plants System 2: P-60 - 60 foot attached algae floway Attached algae floway "P-60" POI Stage 2 Objectives o Compare plant/algae yields between systems and measure levels of N and P in tissue o Calculate Areal Removal Rate (ARR) = amount of N and P in harvested plants/algae removed from systems divided by system area over a time period. • Overall LEAPS ARR = (Tank 1 area)(% of Total area represented by Tank 1) + (Tank 2 area)(% of Total area represented by Tank 2) + ... + (Tank N area)(% of Total area represented by Tank N). • ARR typically expressed as g/m2/year o Confirm ARRs and nutrient removal performance by measuring N and P concentrations in system influents versus effluents based on composite water samples ?I3� Stage 2 Composite Tissue Sample Analysis 0.3 0.25 ".25 0.2 0 0.15 0 Performance Comparisons: LEAPS versus P-60 Attached Algae Floway LEAPS showed superior areal removal rates (ARRs) to the P60 throughout Stage 2 and into early phases of Stage 3 System Stage Harvest Based Removals Nitrogen Areal Removal Rate (g/m2/year) Phosphorus Areal Removal Rate (g/m2/year) LEAPS Stage 2/3a -Stage 2/3a 52.19 9.74 • Comparative areal removal rates for Stage2/3 were calculated from harvest data from 1/23/2017 to 6/18/2017, as we discontinued the operation of the stand-alone algae system on 6/18. Stage 2 composite tissue data was used to estimate Nitrogen and Phosphorous levels in biomass between systems in Stage 3, as we are awaiting lab results on Stage 3 tissue. P133 LEAPS P60 Clarifier • 1.74 • 1.7 • 0.33 • 0.3 • 1.3 0.28 1 122 • 0.24 • 097 2 •!0_0.11''0.-11_E • • 0.24 :: 096 • o� • 092 - _ = • 1.12 •0.19 - _! :E.F.. .TiF ::': :: :: :. ': 0.3 0.25 ".25 0.2 0 0.15 0 Performance Comparisons: LEAPS versus P-60 Attached Algae Floway LEAPS showed superior areal removal rates (ARRs) to the P60 throughout Stage 2 and into early phases of Stage 3 System Stage Harvest Based Removals Nitrogen Areal Removal Rate (g/m2/year) Phosphorus Areal Removal Rate (g/m2/year) LEAPS Stage 2/3a -Stage 2/3a 52.19 9.74 • Comparative areal removal rates for Stage2/3 were calculated from harvest data from 1/23/2017 to 6/18/2017, as we discontinued the operation of the stand-alone algae system on 6/18. Stage 2 composite tissue data was used to estimate Nitrogen and Phosphorous levels in biomass between systems in Stage 3, as we are awaiting lab results on Stage 3 tissue. P133 Stage 3: Testing of LEAPS o Focus testing on LEAPS system based on its superior performance relative to a stand- alone algae system • Harvest and plant tissue based monitoring • Continue and focus water quality testing Stage 3: LEAPS Module Specific ARRs (based on harvested biomass 1/23/2017-8/14/2017) o ARRs of LEAPS as of 8/14/17: N= 71.1 and P = 13.3 g/m2/yr; these values exceed ARRs of Egret Marsh Stormwater Treatment Park o ARRs of individual modules of the LEAPS system were also determined (presented below) o WL tank 1 exhibits very high ARRs (best removal based on footprint): N=98.1 g/m2/yr and P= 17.3 g/m2/yr 8 WL Tank 1 WL Tank 2 P-30 N Areal. Removal Rate - lg/m2tyr) 98.10 - 58.44 29.69 'PAreal Removal Rate „ 17.J0 *•••. 11 9q,- -" 7.42 (g%m2tyr) - . p13L Water Quality Data Stage 2/3 Monthly Average Total Nitrogen (2/1/2017 to 8/28/2017) 1 0.9 0.8 4Fi 0.7 0 0.6 To H 0.5 E 0.4 0.3 0.2 0.1 Monthly Average Nitrogen Levels in Influent and LEAPS/P60 Effluents (2/6 through 8/28) 0 1/25 2/14 3/6 3/26 4/15 5/5 5/25 6/14 7/4 7/24 8/13 9/2 —48—Influent —41— LEAPS —e—P60 Water Quality Data Stage 2/3 Monthly Average Total Phosphorous (2/1/2017 to 8/28/2017) • 0.2 0.18 0.16 0 0.14 0 0.12 E 0.1 0.08 0.06 0.04 0.02 0 Monthly Average Phosphorous Levels in Influent and LEAPS/P60 Effluents Water Quality Based ARR = 13.4 g/m2/yr Total P 1/25 2/14 3/6 3/26 4/15 5/5 5/25 6/14 7/4 7/24 8/13 9/2 —411 --Influent —11-1.EAP5 —.—P60 A surprising finding... o High levels of sludge accumulation in Water Lettuce tanks - precipitating dissolved solids? o Not explained by simple suspended solids settling o Preliminary side-by-side experiment with identical tank without Water Lettuce • o < 17% of sludge could be explained by settling solids from canal o Tissue analysis indicates: o — 1.0 % Nitrogen o > 0.2% Phosphorous o A lucrative target for N and P removal Water water.. Contiol Tank Lettuce Tank Lettuce Tank Water Lettuce Tank 1 Sludge Analysis TANK 1 DRY MASS In Tank 1 sludge accounts for: • 40% of the total dry mass • 33% of Nitrogen • 35% of Phosphorous TANK 1 NITROGEN TANK 1 PHOSPHOROUS Water Lettuce Tank 2 Sludge Analysis In Tank 2 sludge accounts for: • 53% of the total dry mass • 39% of Nitrogen • 43% of Phosphorous TANK 2 MASS TANK 2 NITROGEN Sludge 5 _Water Lettuce TANK 2 PHOSPHORUS Summary o Stage 1: Nutrient levels in the NRC exhibit a seasonal degree of nitrogen limitation/deficiency, but WQ parameters are sufficient to support algae/water lettuce growth o Stage 2: Comparative testing demonstrated LEAPS has superior N and P removal versus a stand-alone attached algae system o Preliminary Stage 3 testing findings: • Biomass -based ARRs compare favorably to and can exceed large-scale systems (eg. the Egret Marsh Algal Turf Scrubber/Wetland System) • Water quality data based ARRs highly similar to biomass -based ARRs • The first Water Lettuce tank exhibited the highest ARRs; data can be leveraged for full-scale build to maximize footprint/removal • A full-scale LEAPS system should incorporate a sludge capture and handling system o Major advantages of the LEAPS: • No loss of crop during power outages and flow interruptions • Option for daytime only pumping to reduce operating costs • Ability to continually pump during high flow/high solid events (cannot do this with pure algal treatment systems) 2i '7