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09/19/2017 (2)
j�VEIt C� G� E OR1� BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 19, 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 Jason E. Brown, County Administrator Peter D. O'Bryan, Vice Chairman, District 4 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R Smith, Clerk of the Circuit Court and Comptroller Bob Solari, District 5 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.11. INVOCATION Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation and Retirement Award Honoring Deward Howard Jr. on His Retirement From Indian River County Board of County Commissioners Department of Public Works/Engineering Division with Twenty -Three Years of Service Attachments: Service Award Proclamation 5.11. Presentation of Proclamation Honoring from the Property Appraiser's Office Attachments: Proclamation Deborah Clemenzi on Her Retirement September 19, 2017 Page 1 of 10 S.C. Presentation of Proclamation Designating the Month of September as Attendance Awareness Month Attachments: Proclamation S.D. Presentation of Carnegie Hero Fund Commission Award of Carnegie Medal Honoring Indian River County Sheriff Deputies Robert Sunkel and Linda Nolan Attachments: Carnegie Hero Fund Commission Awards S.E. Presentation of Proclamation Designating September 18-22, 2017 as Industry Appreciation Week Attachments: Proclamation S.F. Presentation by New Horizons of the Treasure Coast and Okeechobee on Mental Health Matters and a Spoken Word Poem about Mental Health by Indian River County Poet Laureate, Sean Sexton S.G. Presentation by Jeffrey R. Smith, Indian River County Clerk of the Circuit Court and Comptroller, of the Certificate of Achievement for Excellence in Financial Reporting Award for the FY 2016 Comprehensive Annual Finance Report (CAFR) and Outstanding Achievement Award for Popular Annual Financial Reporting (PAFR) for the FY 2016 PAFR, to the Finance Department of the Indian River County Clerk of Court and Comptroller's Office from the Government Finance Officers Association of the United States and Canada (GFOA) 6. APPROVAL OF MINUTES 6.A. Regular Meeting of July 11, 2017 6.11. Budget Workshop July 12, 2017 6.C. Regular Meeting of July 18, 2017 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD ACTION 7.A. Resignation of Duane Weise, as Citizen Member Appointee to the Value Adjustment Board 7.11. Florida Public Service Commission- Consummating Order PSC -2017 -0321 -CO -EQ makes Order PSC -2017 -0278 -PAA -EQ effective and final; docket to be closed. In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company. Is on file for review in the Office of the Clerk to the Board. 7.C. Florida Public Service Commission - Consummating Order PSC -2017 -0331 -CO -EI In re: Petition for approval of revised underground residential distribution tariffs, by Duke Energy Florida, LLC. Is on file for review in the Office of the Clerk to the Board. September 19, 2017 Page 2 of 10 7.D. Florida Public Service Commission Order No. PSC -2017 -0336 -PAA -EQ In re: Petition for approval of amended standard offer contract and amended interconnection agreement, by Duke Energy Florida, LLC. Is on file for review in the Office of the Clerk to the Board. 7.E. Update On All Aboard Florida/Vero Electric Expenses Attachments: Staff Report All Aboard FL Expenses FP&L-Vero Beach-FMPA expenses 7.F. City of Fellsmere Ordinance 2017-19 Annexation of 9.92 Acres, is on file in the Office of the Clerk to the Board 7.G. Tri -County Meeting to Discuss Joint Legislative Matters - CANCELLED Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments August 4, 2017 to August 10, 2017 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments August 11, 2017 to August 17, 2017 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments August 18, 2017 to August 24, 2017 Attachments: Finance Department Staff Report 8.D. Checks and Electronic Payments August 25, 2017 to August 31, 2017 Attachments: Finance Department Staff Report 8.E. County Capital Asset Inventories Attachments: Finance Department Staff Report 8.F. Nationwide Supplemental Agreements Attachments: Finance Department Staff Report BOCC Nationwide Def Comp Loan Procedure BOCC 457 Trust Agreement 8.G. Subrecipient Award Contracts Attachments: Finance Department Staff Report SRA SubRecipient Grant Agreement SubRecipient Grant Agreement-TCHSC September 19, 2017 Page 3 of 10 8.H. Carole Jean Jordan, Tax Collector, Request for the Tax Roll to be Extended Prior to the Completion of the Value Adjustment Board Hearings Pursuant to Florida Statute 197.323 Attachments: Tax Collector Memo Dated August 14, 2017 8.I. Acceptance and Approval of Expenditures for Emergency Management Federally -Funded Subgrant Agreement (EMPG) 18 -FG -XX -10 -40 -01 -XXX Attachments: Staff Report Budget Office Grant Form EMPG Contract 8.J. Acceptance and Approval of Expenditures for Emergency Management State -Funded Subgrant Agreement (EMPA) 18 -BG -XX -XX -XX -XXX Attachments: Staff Report Budget Office Grant Form EMPA Contract 8.K U.S. Dollar LIBOR -Based Instrument Class Action Lawsuit Attachments: Staff Report Notice for U.S. Dollar LIBOR -Based Instrument Class Action Lawsuit 8.L. Thomas F. Scott's Request for Extension of Site Plan Approval . for an Assisted Living Facility Development to be Known as Reflections ALF (SP -MA -15-11-32/ 2003070312) Attachments: Staff Report Request Letter Location Map Site Plan List of Approval Conditions 8.M. Approval of Extension of FX Software Agreement Attachments: Staff Report Extension of EDACS FX Agreement FX Software Agreement Quote S.N. Invitation from John's Island Golf Club for Staff to Participate in a "Public Safety Day" Golf Outing Attachments: Staff Report John's Island Letter 8-18-17 September 19, 2017 Page 4 of 10 8.0. Request to Waive Bid Process for Supplemental Building Inspection Services for Fiscal Year 2017/2018 Attachments: Staff Report MT Causley Agreement and Amendments 8.P. JWD Automotive, Inc. d/b/a Napa Auto Care of Cape Coral v. DJM Advisory Group LLC et al. Class Action Lawsuit Attachments: Staff Report Notice of Class Action Lawsuit - JWD Automotive -Napa Auto Care Cape Coral v DJM Advisory Group LLC 8.Q. Resolution of Support for Application to the Florida Highway Beautification Council for a Highway Beautification Grant for South US Highway 1 in Indian River County Attachments: Staff Report Resolution 8.R. 2017/2018 State/County Contract Indian River County Health Department Attachments: Staff Report August 26, 2017 Letter from County Health Department Administrator 2017/2018 State/County Contract 8.S. Release of Retainage - Work Order No. 3 Morgan & Eklund, Inc. 2017 Beach Profile Monitoring Surveys (Summer) Attachments: Staff Report Morgan and Eklund Final Invoice 8.T. Miscellaneous Budget Amendment 023 Attachments: Staff Report 2016 2017 Resolution Exhibit "A" 8.U. Library System's Request for Consideration to Update Long Range Plan Dates Attachments: Staff Report IRC Library System Long Range Plan 2014-2017 8.V. State Aid to Libraries New Library Director Grant Certification of Credentials Form DLIS/SA01 Attachments: Staff Report CertificationofCredentialsForm New (2) September 19, 2017 Page 5 of 10 8.W. Work Order No. 15 with Kimley-Horn and Associates for the Control System Implementation for Well No. 4 and 7 at South County RO Plant (SCRO) Attachments: Staff Report Work Order No. 15 8.X. Assignment of Leases and Rents from Sebastian Corners Retail Center, LLC Attachments: Staff Report Assignment of Leases and Rents from Sebastian Corners Retail Center, LLC 8.Y. Closeout of Construction Contract for Lateral D Canal Restoration Attachments: Staff Report Tim Rose final invoice 8.Z. Approval of Agreement with Florida Blue for the County's Excess Loss/Reinsurance .Policy Attachments: Staff Report Indian River BOCC - Renewal4 Firm Net (09 01 17) 8.AA. Request for Approval of Library System's Plan of Service 2017/2018 Attachments: Staff Report IRC Library Annual Plan 2017-2018 8.AB. Request for Authorization for Chairman to execute Three (3) Resolutions in Support of FDOT to Manage, Construct, and Deliver a Four -Lane Roadway on CR 510, CR 512 -US 1 Attachments: Staff Report Resolution of Support for CR510, CR512 to 82nd Avenue Resolution of Support for CR510, 82nd Ave to 58th Avenue Resolution of Support for CR 510, 58th Avenue to US 1 8.AC. Request for Authorization for Chairman to execute Two (2) Resolutions in Support of FDOT to Manage, Construct, and Deliver a Two -Lane Roadway on 82nd Avenue, 26th Street - CR 510 Attachments: Staff Report Resolution of Support for 82nd Avenue, 26th Street - 69th Street Resolution of Support for 82nd Avenue, 69th Street - CR 510 &AD. Work Order No. 7, MBV Engineering, Inc., Indian River North County Offices - Renovation Design, 1919-1931 US Highway 1 Sebastian, FL 32958 Attachments: Staff Report Sebastian Corners Renovation- MBV WO#7 September 19, 2017 Page 6 of 10 8.AE. Post Hurricane Irma Beach Profile Surveys - Contract No. 1605; Work Order No. 4- Morgan and Eklund, Inc. Attachments: Staff Report Post Hurricane Irma Beach Survey - WO 4 Morgan & Eklund Post Hurricane Irma Beach Survey - WO 4 Morgan & Eklund Exhibit A 8.AF. Interlocal Agreement Between Indian River County and Town of Orchid for Emergency Dune Restoration Due to Named Storms Attachments: Staff Report Interlocal Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Sheriff Deryl Loar: Request for $19,300 from Criminal and Sex Offender Registrant Fee Account for purchase of Software and Office Supplies Attachments: Sheriff Deryl Loar Letter dated August 21, 2017 9.B. Indian River County Sheriff Deryl Loar: Discussion on Budget Amendment 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Deferred Compensation Ordinance Change (Legislative) Attachments: Finance Department Staff Report Deferred Compensation Ordinance Draft 10.A.2. Konover Acquisitions Corporation's Request to Rezone Approximately 9.66 Acres from CL, Limited Commercial to PD, Planned Development and to Obtain Conceptual PD Plan Approval for a Project Known as Vero Beach Square [PD -17-04-02/2007110117-78442] (Quasi -Judicial) Attachments: Staff Report Application Excerpt from August 10, 2017 PZC Minutes Location Map PD Rezoning Ordinance Aerial Conceptual PD Plan Preliminary Landscape Plan Preliminary Architectural Building Elevations B. PUBLIC DISCUSSION ITEMS September 19, 2017 Page 7 of 10 10.B.1. Request to Speak from Wanda Scott, Gifford Economic Development Council Regarding Gifford Economic Development Follow -Up Attachments: Request to Speak Form 10.B.2. Request to Speak from Reza Torkaman Regarding Utility Policy on tenant non-payment Attachments: Public Discussion Form C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Collective Bargaining Agreement Between Indian River County and Teamsters, Local Union No. 769 - FY2017/18 General Wage Increase Attachments: Staff Report First Amendment - Teamsters Collective Bargaining Agreement Exhibit A 11.B. Hurricane Irma Yard Waste Tipping Fees Attachments: Staff Report 11.C. Hurricane Irma Storm Related Vegetative Debris Pick -Up Attachments: Staff Report Notice Public Roadways FEMA Information - Debris Removal from Private Properties 11.D. Hurricane Irma Recap Attachments: Staff Report 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Recommendation of Award for RFP No. 2017054: Archie Smith Fish House Dock Restoration Attachments: Staff report Drawing of dock restoration alternate components Underwater Engineering Services, Inc. Bid Form Current approved CIE Five -Year Schedule Sample contractor agreement B. Emereencv Services C. General Services 1. Human Services September 19, 2017 Page 8 of 10 September 19, 2017 Page 9 of 10 2. .Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 12.G.1. Authorization for Southern Management to Provide Emergency Restoration Work at Spoonbill Marsh due to Hurricane Irma Attachments: Staff Report Spoonbill Assessment Report 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 C. Environmental Control Board 16. ADJOURNMENT September 19, 2017 Page 9 of 10 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. September 19, 2017 Page 10 of 10 5,A. giis is to certify that oeward%owardYr. is hereby presented this stirement. Lard for outstanding pe formance and faithfufservice to Indian Iver County hoard of County Commissioners Tor twenty-three years of service On this 29th day of Septem6er 2017 Achard o. Szpy4 Joseph tE Ffescher Director of ft6fic Works ?(Ooardof County commissioner, Chaiman PROCLAMATION HONORING DEWARD HOWARD, JR. ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKSIENGINEERING DIVISION WHEREAS, Deward Howard, Jr. retired front Indian River County Engineering Division effective September 29, 2017, and WHEREAS, Deward Howard, Jr. began his career with Indian River County on August 26,1994, as a Manager for County Projects Inspections. On March 3, 2000, he was promoted to Construction Coordination Manager. He continued in this capacity until his retirement; and WHEREAS, Deward Howard, Jr. has served this County and the Public with distinction and selflessness. During his twenty-three years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Deward Howard, ,Tr.'s efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty-three years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adapted this 19"' day of September 2017. 0 BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Qe2k,'ZZ 2Z.C.4.-z� al�' Joseph E. Flescher, Chairman PROCLAMATION 15-0. HONORING DEBORAH CLEMENZI ON HER RETIREMENT FROM THE PROPERTY APPRAISER'S OFFICE WHEREAS, Deborah Clemenzi will retire from the Property Appraiser's Office of Indian River County effective, September 29, 2017; and, WHEREAS, Deborah Clemenzi has been employed with the Property Appraiser's Office of Indian River County starting May 1978 to March 1979, and then again starting October 13, 1993, where she has continued in the capacity of Accountant until her retirement; and, WHEREAS, Deborah Clemenzi has served this County and the Public with distinction and selflessness. During her years of service, she was dedicated to her work and was greatly appreciated by Property Appraiser, David C. Nolte, and her co-workers alike. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board applauds Deborah Clemenzi's efforts on behalf of the Property Appraiser's Office, and wishes to express their appreciation for the dedicated service she has given to Indian River County for the last twenty-five years, and the Board and staff extend heartfelt wishes for success in her future endeavors! Adopted this 19th day of September, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc PROCLAMATION j DESIGNATING THE MONTH OF SEPTEMBER, 2017, AS ATTENDANCE AWARENESS MONTH WHEREAS, chronic absences — missing 10 percent or more of school for any reason including excused and unexcused absences, or just two or three days a month — is a proven predictor of academic trouble and dropout rates; and WHEREAS, improving attendance and reducing chronic absences takes commitment, collaboration, and tailored approaches to particular challenges and strengths in each community; and WHEREAS, chronic absences predicts lower third-grade reading proficiency, course failure, and eventual dropout; and it weakens our communities and our local economy; and WHEREAS, schools and community partners can reach out more frequently to absent students to determine why they are missing school and what would help them attend more regularly; and WHEREAS, chronic absences can be significantly reduced when schools, parents, and communities work together to monitor and promote good attendance and address hurdles that keep children from getting to school. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of September, 2017, be designated as "Attendance Awareness Month" in Indian River County and the Board encourages all citizens to commit to focusing on reducing chronic absenteeism to give all children an equitable opportunity to learn, grow, and thrive academically, emotionally, and socially. Adopted this 19th day of September, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc 8/2/2017 Robert Sunkel and Linda Notan — Carnegie Hero FundCamegie Hero Fund Commission a D , CARNEGIE HERO FUND COMMISSION Robert Sunkel and Linda Nolan rescued Cheryle D. Coons from burning, Vero Beach, Florida, March 23, 2016. Coons, 58, was the driver of a car that, at a rural intersection, collided with a tank truck. Badly injured and trapped, she remained in the driver's seat as the car caught fire. The tank truck, which came to a stop about 10 feet away, was also burning, as was the diesel fuel that leaked from it. Responding to the scene, Sunkel, 25, on -duty deputy sheriff of Vero Beach, broke out the window of the car's front passenger door with his baton. He then opened that door and leaned inside as fire burned at the car's front end, flames reaching the windshield and dashboard. The heat was intense. Sunkel grabbed Coons but could not free her, and he withdrew from the car. 1/2 P5 A second deputy on duty, Nolan, 45, also of Vero Beach, arrived with a fire extinguisher about then. She entered the car through ,the same door; pulled Coons partially over the. console, and then, exiting, emptied the extinguisher into the car and onto its hood, as flames were intensifying. Sunkel made another entry. He grasped Coons, pulled. her to the. roadway, and then with Nolan dragged her -to safety. Flames grew to engulf the car and destroy both vehicles. Coons was hospitalized for treatment of burns and other injuries, from which she died three weeks later. Nolan required hospital treatment for a first-degree burn to her right hand, and she recovered. Zit P6 PROCLAMATION 6' DESIGNATING SEPTEMBER 18-22,2017, AS INDUSTRY APPRECIATION WEEK IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, business and industry in Indian River County is increasingly vital to the health of our entire county; and WHEREAS, while our local economy continues to strengthen, the sustainability of Indian River County's existing industries is key to a prosperous future; and WHEREAS, the future expansion of those industries will account for the majority of new high -wage and high -skill jobs created in our county; and WHEREAS, our existing industries help sustain our quality of life by diversifying and strengthening our tax base in Indian River County; and WHEREAS, the Indian River County Chamber of Commerce serves as the county's primary economic development organization providing support for the retention and expansion of local industry; and WHEREAS, public awareness of the contributions made by industry is essential to the maintenance of good community -industry relationships; and WHEREAS, Indian River County government recognizes the achievements of our local businesses and industries; and WHEREAS, all residents are encouraged to take time to salute Indian River County industries, and their employees, for the contributions they make in our community. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of September 18-22, 2017, be designated as INDUSTRY APPRECIATION WEEK IN INDIAN RIVER COUNTY. Adopted this 19th day of September, 2017. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 31, 2017 FROM: Michael Smykowski Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 8/31/17. ATTACHED: • All Aboard Fl. expenses through 8/31/17 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 8/31/17 spreadsheet. P8 All Aboard Florida Expenses Indian River County F:\Budget\All Aboard FL Expenses P9 Board approved expenses of $186,921 prior to 3/24/15 autorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorizations Acct#00110214033110-15023 Legal Services Date Vendor Amount Note 5/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services -June 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP $823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services- Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $164,319.18 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 F:\Budget\All Aboard FL Expenses P9 All Aboard Florida Expenses Indian River County 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 *Split between St.Lucie, Indian River, and Martin Counties $62,563.89 AcctU00110214-033190-15023 Other Professional Services 4/28/2017 Martin County 50% reimbursement -$3,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consulants $13,396.11 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising Subtotal Expenses FY 16/17 $18,779.15 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consulants $24,758.59 Review AAF 90% & plans 9/30/2016 Atkins North America,lnc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 Dyland Reingold $412.00 Reimburse for case filing 9/16/2015 FederalExprfess$3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 F:\Budget\All Aboard FL Expenses P10 All Aboard Florida Expenses Indian River County Acct#00110214-034020-15023 All Travel 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $60.07 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahasse AL P -Dylan Reingold 12/16/2015 Kimberely Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner ($5.36) Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 30 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 16/17 $183,158.40 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 8/31/17 $2,254,062.96 Total Board authorized budget for FY 16/17 $816,015.00 Total Board authorized budget for FY 15/16 $870,868.00 Total Board authorized budget for FY 14/15 $1,154,212.00 Total Board authorized budget for FY 13/14 $45,826.00 Total budgeted 13/14-16/17 $2,886,921.00 Remaining Balance $632,858.04 F:\Budget\AII Aboard FL Expenses PH Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services 2/20/2017 Berger Singerman $880.00 Subtotal Expenses FY 16/17 $880.00 9/30/2016 Berger Singerman $1,072.50 9/20/2016 Berger Singerman $632.50 8/16/2016 Berger Singerman $275.00 7/19/2016 Berger Singerman $275.00 6/14/2016 Berger Singerman $605.00 5/24/2016 Berger Singerman $495.00 5/4/2016 Berger Singerman $1,650.00 2/9/2016 Berger Singerman $1,265.00 1/20/2016 Berger Singerman $11,722.50 12/22/2015 Berger Singerman $15,090.00 12/8/2015 King Reporting & Video $457.75 11/17/2015 Berger Singerman $2,172.50 Subtotal Expenses FY 15/16 $35,712.75 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 $180,738.02 9/30/2014 Gonzalez Saggio & Harlan $7,821.90 9/30/2014 Gonzalez Saggio & Harlan $30,144.31 8/15/2014 Gonzalez Saggio & Harlan $12,292.50 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 Subtotal Expenses FY 13/14 $58,673.71 P12 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Travel Other Prof. Services /Legal Advertising 3/16/2016 Dylan Reingold-FL Senate Committee mtg 5/27/2016 RW Wilson & Assoc $4,090.00 4/22/2016 RW Wilson & Assoc $4,090.00 4/8/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson & Assoc $4,090.00 1/8/2016 RW Wilson & Assoc $4,090.00 12/22/2015 RW Wilson & Assoc $4,090.00 Subtotal Expenses FY 15/16 $32,724.85 9/30/2015 RW Wilson & Assoc $4,090.00 9/11/2015 RW Wilson & Assoc $4,090.00 8/14/2015 RW Wilson & Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement $50.00 7/10/2015 RW Wilson & Assoc $4,090.00 5/26/2015 RW Wilson & Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 Subtotal Expenses FY 13/14 $176.28 Travel 3/16/2016 Dylan Reingold-FL Senate Committee mtg $394.25 3/8/2016 Courtyard by Mariott $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $437.53 Subtotal Expenses FY 15/16 $1,451.17 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 $111.26 P13 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Total expenses FY 16/17 $880.00 Total expenses FY 15/16 $69,888.77 Total expenses FY 14/15 $206,300.11 Total expenses FY 13/14 $58,849.99 Total expenses processed as of 8/31/17 $335,918.87 Budget Authorization Budget 10/1/2016 FY 16/17 Budget $69,789.00 10/1/2015 FY 15/16 Budget $69,889.00 9/15/2015 Legal Services $35,150.00 3/18/2015 Legal Services $130,000.00 5/5/2014 Legal Services $100,000.00 Total Board Authorized Budget $404.828.00 Remaining Balance $68,909.13 P14 /> 6. Informational Items - B. C.C. 9.19.17 Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Atto y DATE: September 14, 2017 ATTORNEY SUBJECT: Tri- County Meeting to Discuss Joint Legislative Matters- CANCELLED BACKGROUND: A tri -county joint legislative meeting was scheduled to take place on September 14, 2017, to discuss shared legislative priorities for the upcoming 2018 State of Florida legislative session. Due to Hurricane Irma, this meeting was cancelled. Indian River County will provide an update when the referenced meeting is rescheduled. P15 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 10, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 4, 2017 to August 10, 2017 9j.. A. '�4ouxti �• �Rh1.nH� In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 4, 2017 to August 10, 2017. Attachment: P16 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 356711 08/10/2017 PORT CONSOLIDATED INC 65,500.53 356712 08/10/2017 JORDAN MOWER INC 279.46 356713 08/10/2017 RANGER CONSTRUCTION IND INC 408.68 356714 08/10/2017 VERO CHEMICAL DISTRIBUTORS INC 90.75 356715 08/10/2017 RICOH USA INC 22.83 356716 08/10/2017 KIMLEY HORN & ASSOC INC 18,550.55 356717 08/10/2017 VELDE FORD INC 1,199.05 356718 08/10/2017 SAFETY PRODUCTS INC 199.20 356719 08/10/2017 DATA FLOW SYSTEMS INC 180.30 356720 08/10/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 26.45 356721 08/10/2017 GRAINGER 874.20 356722 08/10/2017 GENES AUTO GLASS INC 530.00 356723 08/10/2017 SAFETY KLEEN SYSTEMS INC 130.00 356724 08/10/2017 GRAYBAR ELECTRIC 2,260.81 356725 08/10/2017 MY RECEPTIONIST INC 314.57 356726 08/10/2017 AMERIGAS EAGLE PROPANE LP 1,158.20 356727 08/10/2017 AMERIGAS EAGLE PROPANE LP 1,203.01 356728 08/10/2017 HACH CO 912.67 356729 08/10/2017 LF] FORT PIERCE INC 3,157.89 356730 08/10/2017 LFI FORT PIERCE INC 2,217.96 356731 08/10/2017 CLIFF BERRY INC 245.00 356732 08/10/2017 PARKSON CORPORATION 1,479.53 356733 08/10/2017 HD SUPPLY WATERWORKS, LTD 31,907.03 356734 08/10/2017 PETES CONCRETE 850.00 356735 08/10/2017 TIRE SOLES OF BROWARD INC 10,485.70 356736 08/10/2017 AMERICAN WATER CHEMICALS INC 3,196.00 356737 08/10/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 3,700.00 356738 08/10/2017 DELL MARKETING LP 74.62 356739 08/10/2017 THE GOODYEAR TIRE & RUBBER COMPANY 1,445.32 356740 08/10/2017 BLAKESLEE SERVICES INC 710.00 356741 08/10/2017 BAKER & TAYLOR INC 2_,442.49 356742 08/10/2017 MIDWEST TAPE LLC 569.63 356743 08/10/2017 ATKINS NORTH AMERICA INC 1,814.58 356744 08/10/2017 PALM TRUCK CENTERS INC 319.07 356745 08/10/2017 SUNSHINE REHABILATION CENTER OF IRC INC 30.00 356746 08/10/2017 PARKS AND SON INC 4,645.01 356747 08/10/2017 CITY OF VERO BEACH 21,369.13 356748 08/10/2017 CHAPTER 13 TRUSTEE 201.08 356749 08/10/2017 COMPBENEFITS COMPANY 80.16 356750 08/10/2017 INDIAN RIVER ALL FAB INC 1,698.00 356751 08/10/2017 UNITED PARCEL SERVICE INC 6.10 356752 08/10/2017 FERGUSON ENTERPRISES INC 53,750.79 356753 08/10/2017 LIVINGSTON PAGE 36.00 356754 08/10/2017 JANITORIAL DEPOT OF AMERICA INC 643.36 356755 08/10/2017 FLORIDA DEPT OF EDUCATION 214.60 356756 08/10/2017 FLORIDA DEPT OF AGRICULTURE AND 216.00 356757 08/10/2017 FLORIDA WATER & POLLUTION CONTROL 30.00 356758 08/10/2017 FEDERAL EXPRESS CORP 16.27 356759 08/10/2017 FEDERAL EXPRESS CORP 41.96 356760 08/10/2017 FLORIDA POWER AND LIGHT 10,263.34 356761 08/10/2017 FLORIDA POWER AND LIGHT 1,882.85 356762 08/10/2017 FLORIDA POWER AND LIGHT 6,398.39 356763 08/10/2017 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 356764 08/10/2017 AMERICAN PLANNING ASSOCIATION 3,086.00 356765 08/10/2017 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,256.35 356766 08/10/2017 PEACE RIVER ELECTRIC COOP INC 273.88 356767 08/10/2017 CATHOLIC CHARITIES DIOCESE OF PALM BCH 1,905.51 356768 08/10/2017 JASON E BROWN 175.00 P17 TRANS NBR DATE VENDOR AMOUNT 356769 08/10/2017 CHRISTOPHER S STUCKEY 90.00 356770 08/10/2017 HENRY SMITH 108.00 356771 08/10/2017 INDIAN RIVER FARMS WATER CNTRI, DIST 100.00 356772 08/10/2017 KURT STEFFEN 60.00 356773 08/10/2017 ALAN C KAUFFMANN 100.00 356774 08/10/2017 CHILDRENS HOME SOCIETY OF FL 1,250.00 356775 08/10/2017 MASTER METER INC 38,467.50 356776 08/10/2017 BRIDGESTONE AMERICAS INC 2,500.15 356777 08/10/2017 HOMETOWN NEWS 716.00 356778 08/10/2017 ECONOLITE CONTROL PRODUCTS INC 132,415.00 356779 08/10/2017 RUSSELL PAYNE INC 686.91 356780 08/10/2017 TRANS US INC 27,429.17 356781 08/10/2017 CELICO PARTNERSHIP 1,166.61 356782 08/10/2017 ANIXTER INC 263.48 356783 08/10/2017 BOYLE & DRAKE INC 2,450.00 356784 08/10/2017 CINTAS CORPORATION NO 2 649.82 356785 08/10/2017 HIMANSIIU MEHTA 359.16 356786 08/10/2017 VAN WAL INC 600.00 356787 08/10/2017 DAS1E BRIDGEWATER HOPE CENTER INC 2,439.09 356788 08/10/2017 THE SHERWIN WILLIAMS CO 164.36 356789 08/10/2017 FRANK BLAKE 500.00 356790 08/10/2017 OCLC ONLINE COMPUTER LIBRARY CENTER 437.01 356791 08/10/2017 MBV ENGINEERING INC 17,737.50 356792 08/10/2017 MASTELLER & MOLER INC 1,630.00 356793 08/10/2017 ETR LLC 284.56 356794 08/10/2017 STAPLES CONTRACT & COMMERCIAL INC 1.981.05 356795 08/10/2017 GLOVER OIL COMPANY INC 847.56 356796 08/10/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 269.15 356797 08/10/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 272.80 356798 08/10/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 152.22 356799 08/10/2017 LARRY STEPHENS 90.00 356800 08/10/2017 DAYSPRING 250.00 356801 08/10/2017 ORCHID ISLAND PROPERTY MGMT Il INC 3,250.00 356802 08/10/2017 ALL PRO PAINT & BODY INC 632.00 356803 08/10/2017 JOHNNY B SMITH 74.00 356804 08/10/2017 MUNICIPAL WATER WORKS INC 927.50 356805 08/10/2017 SAINT EDWARDS SCHOOL INC 2,225.00 356806 08/10/2017 MOORE MEDICAL LLC 634.70 356807 08/10/2017 CHARLES A WALKER 20.00 356808 08/10/2017 INDIAN RIVER RDA LP 400.00 356809 08/10/2017 TODD TARDIF SR 118.23 356810 08/10/2017 BILLYS AUTO SERVICE 2,414.57 356811 08/10/2017 KATHLEEN P DOUGHERTY 130.00 356812 08/10/2017 KRISTIN DANIELS 23.85 356813 08/10/2017 K'S COMMERCIAL CLEANING 1,873.89 356814 08/10/2017 LESLIE SWAN 235.77 356815 08/10/2017 SERVICE INSURANCE COMPANY 6,646.00 356816 08/10/2017 NICOLACE MARKETING INC 100.00 356817 08/10/2017 TERESA PUL1DO 180.00 356818 08/10/2017 WINSUPPLY OF VERO BEACH 205.59 356819 08/10/2017 OMNI ORLANDO RESORT 417.00 356820 08/10/2017 LARIAT ENTERPRISES INC 209.32 356821 08/10/2017 VERA SMITH 54.00 356822 08/10/2017 GARRETT SMITH 108.00 356823 08/10/2017 ISLAND AWNING CO INC 2,865.00 356824 08/10/2017 WOERNER DEVELOPMENT INC 165.00 356825 08/10/2017 OSCEOLA COUNTY SECTION 8 768.00 356826 08/10/2017 ATLANTIC COASTAL LAND TITLE CO LLC 25.00 356827 08/10/2017 KEMPER BUSINESS SYSTEMS 27.50 356828 08/10/2017 BOULEVARD TIRE CENTER 3,869.20 P18 2 TRANS NBR DATE VENDOR AMOUNT 356829 08/10/2017 ECMC 260.09 356830 08/10/2017 THOMPSONS REMODELING & HOME REPAIR INC 7,350.00 356831 08/10/2017 YOUR AQUA INSTRUCTOR LLC 70.00 356832 08/10/2017 FLORIDA ARMATURE WORKS INC 6,506.01 356833 08/10/2017 SYN-TECH SYSTEMS INC 825.00 356834 08/10/2017 BERMUDA SANDS APPAREL LLC 182.56 356835 08/10/2017 CIT FINANCE LLC 186.21 356836 08/10/2017 ALAN JAY CHEVROLET CADILLAC 46,670.80 356837 08/10/2017 HEATHER HATTON 180.00 356838 08/10/2017 MOORE MOTORS INC 52.50 356839 08/10/2017 JOSHUA HARVEY GHIZ 1,121.51 356840 08/10/2017 NEWSOM OIL COMPANY 736.93 356841 08/10/2017 TIM ZORC 229.55 356842 08/10/2017 LOWES HOME CENTERS INC 2,652.26 356843 08/10/2017 KELLY LORRA'INE HAMLIN 290.00 356844 08/10/2017 ALEX MIKLO 50.00 356845 08/10/2017 STEVEN G HANSEN 90.00 356846 08/10/2017 BURNETT LIME CO INC 3,190.60 356847 08/10/2017 TREASURE COAST TURF INC 1,652.32 356848 08/10/2017 CARMEN LEWIS 168.00 356849 08/10/2017 STRAIGHT OAK LLC 174.08 356850 08/10/2017 CALDWELL PACETTI EDWARDS 2,962.50 356851 08/10/2017 KANSAS STATE BANK OF MANHATTAN 276.80 356852 08/10/2017 STEWART & STEVENSON FDDA LLC 1,660.32 356853 08/10/2017 DEBORAH CUEVAS 54.00 356854 08/10/2017 FAMILY SUPPORT REGISTRY 156.45 356855 08/10/2017 MARKETING SPECIALTIES OF GEORGIA LLC 397.25 356856 08/10/2017 BERNARD EGAN & COMPANY 25,621.65 356857 08/10/2017 AMERITAS 27,371.58 356858 08/10/2017 ARROW INTERNATIONAL 1,118.55 356859 08/10/2017 RELIANT FIRE SYSTEMS INC 212.00 356860 08/10/2017 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 356861 08/10/2017 SYLIVIA MILLER 2,206.00 356862 08/10/2017 ANFIELD CONSULTING GROUP INC 10,000.00 356863 08/10/2017 ENCORE ONE LLC 3,355.73 356864 08/10/2017 SCRIPPS NP OPERATING LLC 219.00 356865 08/10/2017 JOSEPH DIZONNO 20.00 356866 08/10/2017 RED THE UNIFORM TAILOR 2,083.76 356867 08/10/2017 JENNIFER E PROPER 140.00 356868 08/.10/2017 CATHEDRAL CORPORATION 19,843.90 356869 08/10/2017 GERELCO TRAFFIC CONTROLS INC 820.00 356870 08/10/2017 UNIFIRST CORPORATION 1,458.54 356871 08/10/2017 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 538.37 356872 08/10/2017 SCHUMACHER AUTOMOTIVE DELRAY LLC 79.59 356873 08/10/2017 SITEONE LANDSCAPE SUPPLY LLC 1.105.04 356874 08/10/2017 BARSALOU VENTURES LLC 517.78 356875 08/10/2017 ADVANCE STORES COMPANY INCORPORATED 208.65 356876 08/10/2017 DENISE GILLESPIE 70.00 356877 08/10/2017 EGP'DOCUMENT SOLUTIONS LLC 662.51 356878 08/10/2017 NORTH AMERICAN OFFICE SOLUTIONS INC 20.43 356879 08/10/2017 WURTH USA INC 237.97 356880 08/10/2017 HARN R/O SYSTEMS INC 8,566.36 356881 08/10/2017 EDWARD ILLIDGE 70.00 356882 08/10/2017 OKLAHOMA SIMMS 144.00 356883 08/10/2017 REBECCA CARSWELL 120.00 356884 08/10/2017 DEBBIE CARSON 75.00 356885 08/10/2017 MATHESON TRI-GAS INC 3,802.50 356886 08/10/2017 PEOPLE READY INC 13.208.32 356887 08/10/2017 ROBERT O RICHARDSON Ill 70.00 356888 08/10/2017 PIT STOP CYCLE INC 133.00 P19 3 TRANS NBR DATE VENDOR AMOUNT 356889 08/10/2017 EMILY GOUGE 20.00 356890 08/10/2017 RAUL E VIVANCO 180.00 356891 08/10/2017 COLE AUTO SUPPLY INC 2,605.24 356892 08/10/2017 WANSER CONSTRUCTION COMPANY INC 5,766.10 356893 08/10/2017 MARISAALEXANDER 360.00 356894 08/10/2017 KONICA MINOLTA BUSINESS SOLUTIONS 87.45 356895 08/10/2017 CH2M HILL ENGINEERS ,INC 29,900.00 356896 08/10/2017 BETH NOLAN 50.00 356897 08/10/2017 ALLAN D KELLERMAN 35,189.00 356898 08/10/2017 THOMAS R PILIERO 64.00 356899 08/10/2017 SARAH KELLY 60.00 356900 08/10/2017 RECYCLING ROCKS LLC 800.00 356901 08/10/2017 FLORIDA BULB & BALLAST_ INC 3,579.03 356902 08/10/2017 AQUATIC SYNERGY LLC 160.00 356903 08/10/2017 US DEPT OF TREASURY 112.53 356904 08/10/2017 MARY STEPHENS 72.00 356905 08/10/2017 JULIO SOSA 150.00 356906 08/10/2017 JUAN CHAVEZ 401.00 356907 08/102017 CASSANDRA CUMMINGS 40.00 356908 08/10/2017 FLORIDA COLLEGE SYSTEM ACTIVITIES ASSOC. 15,000.00 356909 08/102017 DE LA PARTE & GILBERT P.A. 45.00 356910 08/10/2017 LYNNE KELLEH:ER 38.99 Grand Total: 835,518.39 P20 4 ELECTRONIC PAYMENT - VISA CARD TRANS: NBR DATE VENDOR AMOUNT 1011849 08/04/2017 EVERGLADES FARM EQUIPMENT CO INC 1,731.03 1011850 08/04/2017 COLD AIR DISTRIBUTORS WAREHOUSE 325.86 1011851 08/04/2017 ABCO GARAGE DOOR CO INC 2,617.50 1011852 08/04/2017 BARKER ELECTRIC, AIR CONDITIONING 400.00 1011853 08/04/2017 ECONOLITE CONTROL PRODUCTS INC 0.00 1011854 08/04/2017 BENNETT AUTO SUPPLY INC 99.35 1011855 08/04/2017 AUTO PARTNERS LLC 568.20 1011856 08/07/2017 ROBINSON EQUIPMENT COMPANY INC 2,396.01 1011857 08/07/2017 COPYCOINC 120.27 1011858 08/07/2017 RING POWER CORPORATION 7,511.53 101 l 859 08/07/2017 ST LUCIE BATTERY & TIRE CO 2,268.22 1011860 08/07/2017 SOUTHERN COMPUTER WAREHOUSE 185.71 1011861 08/07/2017 STAT MEDICAL DISPOSAL INC 440.00 1011862 08/08/2017 AT&T 3,776.96 1011863 08/08/2017 OFFICE DEPOT BSD CUSTOMER SVC 627.48 1011864 08/08/2017 WASTE MANAGEMENT INC 2,980.86 1011865 08/08/2017 COMCAST 314.95 1011866 08/09/2017 SSES INC 1,994.60 1011867 08/09/2017 HENRY SCHEIN INC 13.50 1011868 08/09/2017 HELENA CHEMICAL 877.88 1011869 08/09/2017 INDIAN RIVER BATTERY 1,253.80 1011870 08/09/2017 RING POWER CORPORATION 7,225.00 1011871 08/09/2017 MEEKS PLUMBING INC 317.50 1011872 08/09/2017 IRRIGATION CONSULTANTS UNLIMITED INC 22.63 1011873 08/09/2017 GROVE WELDERS INC 39.55 1011874 08/09/2017 SOUTHERN COMPUTER WAREHOUSE 600.00 1011875 08/09/2017 SHRIEVE CHEMICAL CO 2,412.50 1011876 08/09/2017 SOUTHERN JANITOR SUPPLY INC 1,154.84 1011877 08/09/2017 SIMS CRANE & EQUIPMENT CO 1,177.00 1011878 08/09/2017 L&L DISTRIBUTORS 755.32 1011879 08/09/2017 HYDRA SERVICE (S) INC 25,608.61 1011880 08/09/2017 PACE ANALYTICAL SERVICES INC 4,660.92 1011881 08/09/2017 ALLIED DIVERSIFIED OF VERO BEACH LLC 35.00 Grand Total: 74,512.58 P21 5318 08/04/2017 5319 08/04/2017 5320 08/04/2017 5321 08/04/2017 5322 08/04/2017 5323 08/07/2017 5324 08/07/2017 5325 08/07/2017 5326 08/07/2617 P -CARD 08/08/2017 5327 08/16/2017 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH HEALTH ADVOCATE BLUE CROSS & BLUE SHIELD OF FLORIDA INC BLUE CROSS & BLUE SHIELD OF FLORIDA INC CHARD SNYDER & ASSOCIATE_ S INC CDM SMITH INC AMERICAN FAMILY LIFE ASSURANCE CO ALLSTATE MUTUAL OF OMAHA COLONIAL LIFE & ACCIDENT INS CO WELLS FARGO BANK, N.A. IRS -PAYROLL TAXES 1,179.75 35,714.25 18,275.40 286.00 12,454.79 18,146.30 292.22 7,092.38 21.24 2,935:09 13,642.12 110,039.54 P22 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller_ Finance Department 1801 270i Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 17, 2017 r SUBJECT: . APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 11, 2017 to August 17, 2017 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 11, 2017 to August 17, 2017. Attachment: ERN P2 3 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 356911 08/17/2017 UTIL REFUNDS 16.91 356912 08/17/2017 UTIL REFUNDS 11.60 356913 08/17/2017 UTIL REFUNDS 33.69 356914 08/17/2017 UTIL REFUNDS 39.07 356915 08/17/2017 UTIL REFUNDS 130.27 356916 08/17/2017 UTIL REFUNDS 69.02 356917 08/17/2017 UTIL REFUNDS 153.05 356918 08/17/2017 UTIL REFUNDS 81.23 356919 08/17/2017 UTIL REFUNDS 75.16 356920 08/17/2017 UTIL REFUNDS 70.43 356921 08/17/2017 UTIL REFUNDS 39.03 356922 08/17/2017 UTIL REFUNDS 17.03 356923 08/17/2017 UTIL REFUNDS 177.75 356924 08/17/2017 UTIL REFUNDS 55.93 356925 08/17/2017 UTIL REFUNDS 1.33 356926 08/17/2017 UTIL REFUNDS 50.00 356927 08/17/2017 UTIL REFUNDS 33.04 356928 08/17/2017 UTIL REFUNDS 41.52 356929 08/17/2017 UTIL REFUNDS 77.07 356930 08/17/2017 UTIL REFUNDS 17.25 356931 08/17/2017 UTIL REFUNDS 72.74 356932 08/17/2017 UTIL REFUNDS 26.01 356933 08/17/2017 UTIL REFUNDS 54.08 356.934 08/17/2017 UTIL REFUNDS 26.36 356935 08/17/2017 UTIL REFUNDS 47.78 356936 08/17/2017 UTIL REFUNDS 58.38 356937 08/17/2017 UTIL REFUNDS 19.89 356938 08/17/2017 UTIL REFUNDS 37.23 356939 08/17/2017 UTIL REFUNDS 35.63 356940 08/17/2017 UTIL REFUNDS 77.37 356941 08/17/2017 UTIL REFUNDS 8.24 356942 08/17/2017 UTIL REFUNDS 59.07 356943 08/17/2017 UTIL REFUNDS 43.97 356944 08/17/2017 UTIL REFUNDS 3.13 356945 08/17/2017 UTIL REFUNDS 25.99 356946 08/17/2017 UTIL REFUNDS 60.64 356947 08/17/2017 UTIL REFUNDS 37.80 356948 08/17/2017 UTIL REFUNDS 80.49 356949 08/17/2017 UTIL REFUNDS 13.18 356950 08/17/2017 UTIL REFUNDS 21.96 356951 08/17/2017 UTIL REFUNDS 82.44 356952 08/17/2017 UTIL REFUNDS 40.13 356953 08/17/2017 UTIL REFUNDS 69.08 356954 08/17/2017 UTIL REFUNDS 83.21 356955 08/17/2017 UTIL REFUNDS 49.40 356956 08/17/2017 UTIL REFUNDS 79.14 356957 08/17/2017 CLEMENTS PEST CONTROL 155.00 356958 08/17/2017 PORT CONSOLIDATED INC 529.53 356959 08/17/2017 JORDAN MOWER INC 62.55 356960 08/17/2017 COMMUNICATIONS INTERNATIONAL 4,658.87 356961 08/17/2017 TEN -8 FIRE EQUIPMENT INC 5,854.27 356962 08/17/2017 VERO CHEMICAL DISTRIBUTORS INC 280.00 356963 08/17/2017 RICOH USA INC 148.32 356964 08/17/2017 VELDE FORD INC 768.55 356965 08/17/2017 SAFETY PRODUCTS INC 844.03 356966 08/17/2017 STEWART MATERIALS INC 6,233.27 356967 08/17/2017 AT&T WIRELESS 2,777.66 356968 08/17/2017 DELTA SUPPLY CO 330.72 P2 4 i TRANS NBR DATE VENDOR AMOUNT 356969 08/17/2017 GRAYBAR ELECTRIC 297.45 356970 08/17/2017 REPUBLIC SERVICES INC 955,359.65 356971 08/17/2017 AMERIGAS EAGLE PROPANE LP 70.98 356972 08/17/2017 AMERIGAS EAGLE PROPANE LP 144.00 356973 08/17/2017 AMERIGAS EAGLE PROPANE LP 144.00 356974 08/17/2017 AMERIGAS EAGLE PROPANE LP 357.37 356975 08/17/2017 AMERIGAS EAGLE PROPANE LP 1.136.61 356976 08/17/2017 HACH CO 869.12 356977 08/17/2017 LFI FORT PIERCE INC 1,052.63 356978 08/17/2017 LFI FORT PIERCE INC 1,207.09 356979 08/17/2017 CLIFF BERRY INC 507.50 356980 08/17/2017 HD SUPPLY WATERWORKS, LTD 21,942.14 356981 08/17/2017 SCHULKE BITTLE & STODDARD LLC 8,630.00 356982 08/17/2017 VERO INDUSTRIAL SUPPLY INC 89.40 356983 08/17/2017 EXPRESS REEL GRINDING INC 3,500.00 356984 08/17/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 11,600.00 356985 08/17/2017 DELL MARKETING LP 199.35 356986 08/17/2017 THE GOODYEAR TIRE & RUBBER COMPANY 3,913.34 356987 08/17/2017 BAKER & TAYLOR INC 3,950.50 356988 08/17/2017 K & M ELECTRIC SUPPLY 13.83 356989 08/17/2017 MELODY MUSIC 13.99 356990 08/17/2017 BAKER DISTRIBUTING CO LLC 45.24 356991 08/17/2017 CENGAGE LEARNING INC 136.50 356992 08/17/2017 VERO BEACH EDGEWOOD PLACE LP 395.00 356993 08/17/2017 LINDSEY GARDENS LTD 500.00 356994 08/17/2017 CREATIVE CHOICE HOMES XVI LTD 494.00 356995 08/17/2017 CLERK OF CIRCUIT COURT 153.66 356996 08/17/2017 CITY OF VERO BEACH 145,726.35 356997 08/17/2017 UNITED PARCEL SERVICE INC 50.74 356998 08/17/2017 FERGUSON ENTERPRISES INC 9,701.65 356999 08/17/2017 LIVINGSTON PAGE 258.00 357000 08/17/2017 JANITORIAL DEPOT OF AMERICA INC 108.82 357001 08/17/2017 HENRY FISCHER & SONS INC 660.00 357002 08/17/2017 HUMANE SOCIETY 24,630.00 357003 08/17/2017 PUBLIX SUPERMARKETS 20.90 357004 08/17/2017 UNIVERSITY OF FLORIDA 90.00 357005 08/17/2017 FLORIDA WATER & POLLUTION CONTROL 30.00 357006 08/17/2017 FLORIDA WATER & POLLUTION CONTROL 30.00 357007 08/17/2017 FLORIDA WATER & POLLUTION CONTROL 30.00 357008 08/17/2017 FLORIDA WATER & POLLUTION CONTROL 30.00 357009 08/17/2017 WEST PUBLISHING CORPORATION 415.64 357010 08/17/2017 FEDERAL EXPRESS CORP 118.77 357011 08/17/2017 ATHENS TECHNICAL SPECIALISTS INC 371.21 357012 08/17/2017 SIEMENS INDUSTRY INC 1,200.00 357013 08/17/2017 TRAFFIC PARTS INC 410.00 357014 08/17/2017 UNITED BLOWER INC 381.00 357015 08/17/2017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 4,875.06 357016 08/17/2017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 7,837.52 357017 08/17/2017 FLORIDA POWER AND LIGHT 41,429.96 357018 08/17/2017 PUBLIC DEFENDER 3,579.16 357019 08/17/2017 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,410.00 357020 08/17/2017 STATE ATTORNEY 11,076.42 357021 08/17/2017 NEW HORIZONS OF THE TREASURE COAST 23,931.00 357022 08/17/2017 HILTON GARDEN INN 549.99 357023 08/17/2017 CHRISTOPHER S STUCKEY 90.00 357024 08/17/2017 ALAN C KAUFFMANN 200.00 357025 08/17/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 566.48 357026 08/17/2017 DONADIO AND ASSOCIATES ARCHITECTS 2,618.71 357027 08/17/2017 BRIDGESTONE AMERICAS INC 860.46 357028 08/17/2017 THE PALMS AT VERO BEACH 997.00 P2 5 2 i TRANS NBR DATE VENDOR AMOUNT 357029 08/17/2017 PERKINS COMPOUNDING PHARMACY 75.43 357030 08/17/2017 LINCOLN EQUIPMENT INC 1,306.00 357031 08/17/2017 MICHAEL QUIGLEY 460.00 357032 08/17/2017 CELICO PARTNERSHIP 2,028.02 357033 08/17/2017 FLORIDA DEPT OF JUVENILE JUSTICE 34,108.33 357034 08/17/2017 VAN WAL INC 2,315.00 357035 08/17/2017 SYNAGRO-WWT INC 45,915.99 357036 08/17/2017 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00 357037 08/17/2017 FLORIDA FLOODPLAIN MANAGERS ASSOC 150.00 357038 08/17/2017 M T CAUSLEY INC 18,287.50 357039 08/17/2017 STAPLES CONTRACT & COMMERCIAL INC 212.64 357040 08/17/2017 LARRY STEPHENS 90.00 357041 08/17/2017 CAROLE J MADIGAN 1,084.00 357042 08/17/2017 DAVID SMITH 4.00 357043 08/17/2017 D&S ENTERPRISES OF VERO BCH LLC 11.55 357044 08/17/2017 PAK MAIL 122.00 357045 08/17/2017 TOTAL TEMPERATURE INSTRUMENTATION INC 338.00 357046 08/17/2017 SCNS INC 97.20 357047 08/17/2017 JOHNNY B SMITH 244.00 357048 08/17/2017 MUNICIPAL WATER WORKS INC 13,991.98 357049 08/17/2017 GATES HOUSE ENTERPRISES LLC 164.95 357050 08/17/2017 CHARLES A WALKER 60.00 357051 08/17/2017 LAZY J LLC 105.00 357052 08/17/2017 KATHLEEN P DOUGHERTY 150.00 357053 08/17/2017 WILLIAM RICE 309.00 357054 08/17/2017 GIS SERVICES 646.00 357055 08/17/2017 K'S COMMERCIAL CLEANING 660.00 357056 08/17/2017 YOUTH GUIDANCE DONATION FUND 1,250.00 357057 08/17/2017 EQ THE ENVIRONMENTAL QUALITY COMPANY 39,588.80 357058 08/17/2017 EXPRESS SUPPLY INC 51,199.84 357059 08/17/2017 WINSUPPLY OF VERO BEACH 308.92 357060 08/17/2017 GARRETT SMITH 54.00 357061 08/17/2017 ATLANTIC COASTAL LAND TITLE CO LLC 150.00 357062 08/17/2017 CLOVERLEAF CORPORATION 4,307.00 357063 08/17/2017 TORRES ELECTRICAL SUPPLY COMPANY INC 840.00 357064 08/17/2017 JANCY PET BURIAL SERVICE INC 17.00 357065 08/17/2017 FLORIDA ARMATURE WORKS INC 6,231.08 357066 08/17/2017 MARIA RESTO 180.00 357067 08/17/2017 PROMATIC INC 212.42 357068 08/17/2017 MOORE MOTORS INC 43.50 357069 08/17/2017 TIM ZORC 70.23 357070 08/17/2017 REPROGRAPHIC SOLUTIONS INC 6.24 357071 08/17/2017 LOWES HOME CENTERS INC 2,198.64 357072 08/17/2017 GAUDET ASSOCIATES INC 1,025.00 357073 08/17/2017 CARDINAL HEALTH 110 INC 5.638.03 357074 08/17/2017 KELLY LORRAINE HAMLIN 120.00 357075 08/17/2017 ALEX MIKLO 60.00 357076 08/17/2017 TRV ADV ERTISTING & MARKETING INC 740.00 357077 08/.17/2017 PENGUIN RANDOM HOUSE LLC 64.80 357078 08/17/2017 CARMEN LEWIS 112.00 357079 08/17/2017 STRAIGHT OAK LLC 81.80 357080 08/17/2017 SCADA SOLUTIONS LLC 1,500.00 357081 08/17/2017 CALDWELL PACETTI EDWAR.DS 2,677.50 357082 08/17/2017 KANSAS STATE BANK OF MANHATTAN 138.40 357083 08/17/2017 DEBORAH CUEVAS 90.00 357084 08/17/2017 KATE .P COTNER 112.14 357085 08/17/2017 WADE WILSON 170.00 357086 08/17/2017 BERNARD EGAN & COMPANY 59,939.82 357087 08/17/2017 BRYAN CAVE LLP 5.893.00 357088 08/17/2017 RONALD NICHELSON 220.00 P2 6 TRAS NBR DATE VENDOR AMOUNT 357089 08/17/2017 RELIANT FIRE SYSTEMS INC 561.20 357090 08/17/2017 HAWKINS INC 2,262.00 357091 08/17/2017 ENCORE ONE LLC 1,580.18 357092 08/17/2017 HUDSON VINYL PRODUCTS INC 10,270.00 357093 08/17/2017 DIMICHELLI'S CATERING INC 4,200.00 357094 08/17/2017 ANDERSEN ANDRE CONSULTING ENGINEERS INC 22,410.00 357095 08/17/2017 SCRIPPS NP OPERATING LLC 2,502.11 357096 08/17/2017 JOSEPH DIZONNO 120.00 357097 08/17/2017 GERELCO TRAFFIC CONTROLS INC 15,766.61 357098 08/17/2017 UNIFIRST CORPORATION 1,229.18 357099 08/17/2017 GOTTA GO GREEN ENTERPISES INC 159.54 357100 08/17/2017 BARSALOU VENTURES LLC 9,893.19 357101 08/17/2017 ADVANCE STORES COMPANY INCORPORATED 46.38 357102 08/17/2017 DENISE GILLESPIE 120.00 357103 08/17/2017 STEVES FROZEN CHILLERS OF FLORIDA SPACE COAS' 576.00 357104 08/17/2017 EDWARD ILLIDGE 170.00 357105 08/17/2017 COVERALL NORTH AMERICA INC 2,015.00 357106 08/17/2017 PEOPLE READY INC 13,791.04 357107 08/17/2017 ROBERT O RICHARDSON 111 60.00 357108 08/17/2017 EMILY GOUGE 120.00 357109 08/17/2017 RAUL E VIVANCO 180.00 357110 08/17/2017 MCCI LLC 900.00 357111 08/17/2017 COLE AUTO SUPPLY INC 3,952.37 357112 08/17/2017 MARISAALEXANDER 32.00 357113 08/17/2017 CANON FINANCIAL SERVICES INC 229.30 357114 08/17/2017 DANBRANLEY LLC 736.00 357115 08/17/2017 KONICA MINOLTA BUSINESS SOLUTIONS 373.44 357116 08/17/2017 KIMBERLY RICCIARDONE 110.00 357117 08/17/2017 RCI ROOF SERVICES INC 1,200.00 357118 08/17/2017 THOMAS R PILIERO 32.00 357119 08/17/2017 BEST CHOICE PROFESSIONAL CLEANING LLC 160.00 357120 08/17/2017 BEST CHOICE PROFESSIONAL CLEANING LLC 1,385.00 357121 08/17/2017 BEST CHOICE PROFESSIONAL CLEANING LLC 2,000.00 357122 08/17/2017 BOWMAN CONSULTING GROUP 24,700.96 357123 08/17/2017 GRANVILLE ASSOCIATES INC 2,042.00 357124 08/17/2017 ANNA S FULLER 202.00 357125 08/17/2017 WILLIAM KYLE WEBB 32.00 357126 08/17/2017 JEFFREY R MASI 7.50 357127 08/17/2017 JANET PALUMBO 140.80 357128 08/17%2017 RHONDA JAMES 20.00 357129 08/17/2017 HOLLY BAILEY 40.00 357130 08/17/2017 FIRST LADY ON THE MOVE 150.00 357131 08/17/2017 JESSIKA GONZALEZ 45.00 357132 08/17/2017 NATHAN BISTIS 45.00 357133 08/17/2017 ARBOR ONE FLCA 15,246.89 357134 08/17/2017 WRGUSA VERO MANAGER LLC 3,344.22 357135 08/17/2017 UTIL REFUNDS 16.77 357136 08/17/2017 UTIL REFUNDS 74.54 357137 08/17/2017 UTIL REFUNDS 131.08 357138 08/17/2017 UTIL REFUNDS 134.93 357139 08/17/2017 UTIL REFUNDS 45.91 357140 08/17/2017 UTIL REFUNDS 91.76 357141 08/17/2017 UTIL REFUNDS 36.60 357142 08/17/2017 UTIL REFUNDS 39.76 357143 08/17/2017 UTIL REFUNDS 44.80 357144 08/17/2017 UTIL REFUNDS 63.48 357145 08/17/2017 UTIL REFUNDS 24.07 357146 08/17/2017 UTIL REFUNDS 147.66 357147 08/17/2017 UTIL REFUNDS 83.85 357148 08/17/2017 UTIL REFUNDS 38.91 P27 4 TRANS NBR DATE VENDOR AMOUNT 357149 08/17/2017 UTIL REFUNDS 33.72 357150 08/17/2017 UTIL REFUNDS 49.30 357151 08/17/2017 UTIL REFUNDS 41.34 357152 08/17/2017 UTIL REFUNDS 106.33 357153 08/17/2017 UTIL REFUNDS 91.89 357154 08/17/2017 UTIL REFUNDS 41.17 357155 08/17/2017 UTIL REFUNDS 47.91 357156 08/17/2017 UTIL REFUNDS 32.78 357157 08/17/2017 UTIL REFUNDS 74.70 357158 08/17/2017 UTIL REFUNDS 90.95 357159 08/17/2017 UTIL REFUNDS 23.13 357160 08/17/2017 UTIL REFUNDS 47.12 357161 08/.17/2017 UTIL REFUNDS 100.00 357162 08/17/2017 UTIL REFUNDS 12.28 357163 08/17/2017 UTIL REFUNDS 86.22 357164 08/17/2017 UTIL REFUNDS 17.33 357165 08/17/2017 UTIL REFUNDS 81.48 357166 08/17/2017 UTIL REFUNDS 47.78 357167 08/17/2017 UTIL REFUNDS 39.04 357168 08/17/2017 UTIL REFUNDS 65.82 357169 08/17/2017 UTIL REFUNDS 79.11 357170 08/17/2017 UTIL REFUNDS 82.50 357171 08/17/2017 UTIL REFUNDS 47.95 357172 08/17/2017 UTIL REFUNDS 19.00 357173 08/17/2017 UTIL REFUNDS 75.05 357174 08/17/2017 UTIL REFUNDS 33.92 357175 08/17/2017 UTIL REFUNDS 42.05 357176 08/17/2017 UTIL REFUNDS 52.94 357177 08/17/2017 UTIL REFUNDS 1.90 357178 08/17/2017 UTIL REFUNDS 28.62 Grand Total: 1,788,007.79 P2 8 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5328 08/11/2017 KIMLEY HORN & ASSOC INC 4,342.04 5329 08/11/2017 IRC FIRE FIGHTERS ASSOC 6.690.00 5330 08/11/2017 VETERANS COUNCIL OF I R C 5.743.53 5331 08/11/2017 FLORIDA DEPARTMENT OF REVENUE 16,969.39 5332 08/11/2017 ICMA RETIREMENT CORPORATION 2.210.00 5333 08/11/2017 ICMA RETIREMENT CORPORATION 12.610.08 5334 08/11/2017 RUSSELL PAYNE INC 178.950.83 5335 08/11/2017 BENEFITS WORKSHOP 4,901.46 5336 08/11/2017 MUTUAL OF OMAHA 16,492.46 5337 08/11/2017 FLORIDA LEAGUE OF CITIES, INC 4,216.89 5338 08/11/2017 VEROTOWN LLC 74,899.61 5339 08/11/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 27,654.72 5340 08/11/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 1,726.05 5341 08/14/2017 FL SDU 5,930.52 5342 08/14/2017 FLORIDA DEPT OF FINANCIAL SERVICES 17,088.53 5343 08/14/2017 IRS -PAYROLL TAXES 418,920.53 5344 08/15/2017 IRS -PAYROLL TAXES 13.38 5345 08/15/2017 INEOS NEW PLANET BIOENERGY LLC 89,845.11 Grand Total: 889,205.13 P29 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011882 08/11/2017 T- BILE USA INC 344.25 1011883 08/11/2017 EVERGLADES FARM EQUIPMENT CO INC 15.05 1011884 08/11/2017 COLKITT SHEET METAL & A/C INC 250.00 1011885 08/11/2017 COLD AIR DISTRIBUTORS WAREHOUSE 174.69 1011886 08/11/2017 ALLIED UNIVERSAL CORP 5,010.38 1011887 08/11/2017 COMO OIL COMPANY OF FLORIDA 220.76 1011888 08/11/2017 CUMMINS INC 2,491.39 1011889 08/11/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 368.47 1011890 08/14/2017 EVERGLADES FARM EQUIPMENT CO INC 658.43 1011891 08/14/2017 COLKITT SHEET METAL & A/C INC 259.95 1011892 08/14/2017 COPYCOINC 225.79 1011893 08/14/2017 INDIAN RIVER OXYGEN INC 3,000.50 1011894 08/14/2017 DAVES SPORTING GOODS & TROPHIES 1,468.60 1011895 08/14/2017 ABCO GARAGE DOOR CO INC 191.37 1011896 08/14/2017 FIRST HOSPITAL LABORATORIES INC 1,096.50 1011897 08/14/2017 MIDWEST MOTOR SUPPLY CO 451.24 1011898 08/14/2017 METRO FIRE PROTECTION SERVICES INC 240.65 1011899 08/14/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 115.00 1011900 08/14/2017 L&L DISTRIBUTORS 150.06 1011901 08/14/2017 STAT MEDICAL DISPOSAL INC 200.00 1011902 08/14/2017 NEXAIR LLC 34.38 1011903 08/15/2017 AT&T 1,604.46 1011904 08/15/2017 OFFICE DEPOT BSD CUSTOMER SVC 1,462.76 1011905 08/15/2017 WASTE MANAGEMENT INC 1,831.69 1011906 08/17/2017 PARKS RENTAL & SALES INC 388.00 1011907 08/17/2017 SSES INC 579.70 1011908 08/17/2017 RECORDED BOOKS LLC 553.20 1011909 08/17/2017 SOUTHERN COMPUTER WAREHOUSE 1,922.38 1011910 08/17/20.17 SOUTHERN PLUMBING INC 1,390.00 1011911 08/17/2017 SHRJEVE CHEMICAL CO 4,778.33 1011912 08/17/2017 RECHTIEN INTERNATIONAL TRUCKS 171.22 .10.11913 08/17/2017 SOUTHERN JANITOR SUPPLY INC 3,827.83 1011914 08/17/2017 PACE ANALYTICAL SERVICES INC 4,569.20 Grand Total: 40,046.23 P30 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH. COMPTROLLER DATE: August 24, 2017 C 0 NAI - rc.��. U`� o 9v OP � C U",i t SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 18, 2017 to August 24, 2017 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 18, 2017 to August 24, 2017. Attachment: ERN P31 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 357179 08/24/2017 PAUL CARONE 4,483.00 357180 08/24/2017 LINDSEY GARDENS LTD 751.00 357181 08/24/2017 WILLIE C REAGAN 1,350.00 357182 08/24/2017 LARRY STALEY 593.00 357183 08/24/2017 PINNACLE GROVE LTD 1,057.00 357184 08/24/2017 VERO CLUB PARTNERS LTD 587.00 357185 08/24/2017 VERO CLUB PARTNERS LTD 1,394.00 357186 08/24/2017 DAVID SPARKS 1,407.00 357187 08/24/2017 THE PALMS.AT VERO BEACH 1,102.00 357188 08/24/2017 ED SCHLITT LC 3,055.00 357189 08/24MI 7 JOHN OLIVIERA 716.00 357190 08/24/2017 ARTHUR PRUETT 484.00 357191 08/2412017 JOSEPH LOZADA 677.00 357192 08/24/2017 MICHAEL JAHOLKOWSKI 547.00 357193 08/24/2017 LUCY B HENDRICKS 573.00 357194 08/24/2017 R MAX OF INDIAN RIVER INC 2,900.00 357195 08/24/2017 SYLVESTER MC INTOSH 355.00 357196 08/24/2017 PAULA WHIDDON 553.00 357197 08/24/2017 JAMES W DAVIS 372.00 357198 08/24/2017 NITA EZELL 609.00 357199 08/24/2017 LINDSEY GARDENS 11 LTD 616.00 357200 08/24/2017 MISS INC OF THE TREASURE COAST 2,114.00 357201 08/24/2017 DANIEL CORY MARTIN 2,686.00 357202 08/24/2017 CRAIG LOPES 498.00 357203 08/24/2017 PAULA ROGERS & ASSOCIATES INC 600.00 357204 08/24/2017 FIVE STAR PROPERTY HOLDING LLC 847.00 357205 08/24/2017 MARK BAER 3,458,00 357206 08/24/2017 JUAN C14AVES 700.00 357207 08/24/2017 REID REALTY 556.00 357208 08/24/2017 MELISSA CAMARATA 838.00 357209 08/24/2017 FOUNDATION FOR AFFORDABLE RENTAL 1,491.00 357210 08/24/2017 INDIANTOWN NON-PROFIT HOUSING INC 670.90 357211 08/24/2017 AUGUSTUS B FORT JR 564.00 357212 08/24/2017 H&H SHADOWBROOK LLC 568.00 357213 08/24/2017 HUMAYUN SHAREEF 963.00 357214 08/24/2017 VERO.BEACI4 PLACE LLC 5,242.00 357215 08/24/2017 WEDGEWOOD RENTALS LLC 615.00 357216 08/24/2017 GNS REAL ESTATE HOLDINGS LLC 4,724.00 357217 08/24/2017 COALITION FOR ATTAINABLE HOMES INC 1,270.00 357218 08/24/2017 HELPING HANDS REAL ESTATE & INVESTMENT CO 2,850.00 357219 08/24/2017 ALIX DENAEAU 922.00 357220 08/24/2017 JOHN K GERRATO 597.00 357221 08/24/2017 1135 RENTALS LLC 750.00 357222 08/24/2017 STEVEN J BERGAMINO 750.00 357223 08/24/2017 BLUE DRAGON MANAGEMENT LLC 1,100.00 357224 08/24/2017 MCLAUGHLIN PROPERTIES LLC 536.00 357225 08/24/2017 HOWARD R BRENNAN 556.00 357226 08/24/2017 NKW PIP HOLDINGS I LLC 3,154.00 357227 08/24/2017 MAXIPLEX LLC 7,513.00 3*57228 08/24/2017 UTIL REFUNDS 75.16 357229 08/24/2017 UTIL REFUNDS 29.48 357230 08/24/2017 UTIL REFUNDS 44.14 357231 08/24/2017 UTIL REFUNDS 69.75 357232 08/24/2017 UTIL REFUNDS 70.10 357233 08/24/2017 UTIL REFUNDS 33.96 357234 08/24/2017 UTIL REFUNDS 14.72 357235 08/24/20 17 UTIL REFUNDS 15.72 357236 08/24/2017 UTIL REFUNDS 39.58 P3 2 TRANS NBR DATE VENDOR AMOUNT 357237 08/24/2017 UTIL REFUNDS 46.44 357238 08/24/2017 UTIL REFUNDS 47.95 357239 08/24/2017 UTIL REFUNDS 70.60 357240 08/24/2017 UTIL REFUNDS 75.61 357241 08/24/2017 UTIL REFUNDS 79.15 357242 08/24/2017 UTIL REFUNDS 20.44 357243 08/24/2017 UTIL REFUNDS 139.76 357244 08/24/2017 UTIL REFUNDS 74.44 357245 08/24/2017 UTIL REFUNDS 50.00 357246 08/24/2017 UTIL REFUNDS 74.72 357247 08/24/2017 UTIL REFUNDS 167.76 357248 08/24/2017 UTIL REFUNDS 24.03 357249 08/24/2017 UTIL REFUNDS 52.76 357250 08/24/2017 UTIL REFUNDS 28.40 357251 08/24/2017 UTIL REFUNDS 100.00 357252 08/24/2017 UTIL REFUNDS 64.28 357253 08/24/2017 UTIL REFUNDS 71.21 357254 08/24/2017 UTIL REFUNDS 17.32 357255 08/24/2017 UTIL REFUNDS 68.06 357256 08/24/2017 UTJL REFUNDS 100.58 357257 08/24/2017 UTIL REFUNDS 59.87 357258 08/24/2017 UTIL REFUNDS 63.02 357259. 08/24/2017 UTIL REFUNDS 6.96 357260 08/24/2017 UTJL REFUNDS 66.01 357261 08/24/2017 UTIL REFUNDS 79.90 357262 08/24/2017 UTIL REFUNDS 82.50 357263 08/24/2017 UTIL REFUNDS 43.87 357264 08/24/2017 UTIL REFUNDS 32.81 357265 08/24/2017 UTIL REFUNDS 44.64 357266 08/24/2017 UTIL REFUNDS 116.12 357267 08/24/2017 UTJL REFUNDS 47.07 357268 08/24/2017 UTIL REFUNDS 35.05 357269 08/24/2017 UTIL REFUNDS 17.91 357270 08/24/2017 UTIL REFUNDS 387.14 357271 08/24/2017 UTIL REFUNDS 39.72 357272 08/24/2017 UTIL REFUNDS 5.63 357273 08/24/2017 UTIL REFUNDS 53.65 357274 08/24/2017 UTIL REFUNDS 34.38 357275 08/24/2017 UTIL REFUNDS 14.52 357276 08/24/2017 UTIL REFUNDS 65.85 357277 08/24/2017 UTIL REFUNDS 38.21 357278 08/24/2017 UTIL REFUNDS 36.03 357279 08/24/2017 PORT CONSOLIDATED INC 33,275.40 357280 08/24/2017 JORDAN MOWER INC 8,313.56 357281 08/24/2017 COMMUNICATIONS INTERNATIONAL 798.62 357282 08/24/2017 TEN -8 FIRE EQUIPMENT INC 1,702.53 357283 08/24/2017 RANGER CONSTRUCTION IND INC 841.16 357284 08/24/2017 VERO CHEMICAL DISTRIBUTORS INC 694.70 357285 08/24/2017 PERERS ENTERPRISES INC 1,727.40 357286 08/24/2017 RICOH USA INC 107.05 357287 08/24/2017 VELDE FORD INC 1,767.08 357288 08/24/2017 SAFETY PRODUCTS INC 148.42 357289 08/24/2017 AT&T WIRELESS 76.28 357290 08/24/2017 DATA FLOW SYSTEMS INC 1,717.14 357291 08/24/2017 BRENDA DICKHART 119.00 357292 08/24/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 203.27 357293 08/24/2017 SAFETY KLEEN SYSTEMS INC 590.80 357294 08/24/2017 LFI FORT PIERCE INC 1,052.63 357295 08/24/2017 CLIFF BERRY INC 70.00 357296 08/24/2017 PARKSON CORPORATION 18,921.95 P3 3 2 TRANS NBR DATE VENDOR AMOUNT 357297 08/24/2017 JIMMYS TREE SERVICE 1,500.00 357298 08/24/2017 HD SUPPLY WATERWORKS, LTD 2,236.18 357299 08/24/2017 PETES CONCRETE 5,350.00 357300 08/24/2017 ECOTECH CONSULTANTS INC 2,864.00 357301 08/24/2017 VERO INDUSTRIAL SUPPLY INC 817.00 357302 08/24/2017 TIRESOLES OF BROWARD INC 1,387.64 357303 08/24/2017 BARTH CONSTRUCTION INC 292,317.50 357304 08/24/2017 CARTER ASSOCIATES INC 16,310.00 357305 08/24/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 4,700.00 357306 08/24/2017 DELL MARKETING LP 2,663.65 357307 08/24/2017 BAKER & TAYLOR INC 2,211.81 357308 08/24/2017 MIDWEST TAPE LLC 2,696.75 357309 08/24/2017 MWI CORP 1,362.00 357310 08/24/2017 MICROMARKETING LLC 1,326.65 357311 08/24/2017 CENGAGE LEARNING INC 984.57 35731.2 08/24/2017 PENWORTHY COMPANY 998.21 357313 08/24/2017 RIVER PARK ASSOCIATES LIMITED 234.00 357314 08/24/2017 RICHARD C THERIEN 500.00 357315 08/24/2017 PST SERVICES INC 33,329.07 357316 08/24/2017 PARKS AND SON INC 2,505.20 357317 08/24/2017 CLERK OF CIRCUIT COURT 2,300.50 357318 08/24/2017 CITY OF VERO BEACH 3,817.73 357319 08/24/2017 CDM SMITH INC 11,392.25 357320 08/24/2017 CHAPTER 13 TRUSTEE 201.08 357321 08/24/2017 UNITED WAY OF INDIAN RIVER COUNTY 560.00 357322 08/24/2017 FERGUSON ENTERPRISES INC 5,101.00 357323 08/24/2017 LIVINGSTON PAGE 60.00 357324 08/24/2017 TREASURE COAST HOMELESS SERVICES 998.46 357325 08/24/2017 FLORIDA DEPT OF EDUCATION 163.50 357326 08/24/2017 PUBLIX SUPERMARKETS 52.05 357327 08/24/2017 INTERNATIONAL GOLF MAINTENANCE INC 990.00 357328 08/24/2017 DEANGELO BROTHERS INC 695.50 357329 08/24/2017 EXCHANGE CLUB CASTLE 5;410.08 357330 08/24/2017 EXCHANGE CLUB CASTLE 2,152.33 357331 08/24/2017 ST JOHNS RIVER WATER MGMT DISTRICT 250.00 357332 08/24/2017 FEDERAL EXPRESS CORP 65.19 357333 08/24/2017 MORGAN & EKLUND INC 29,205.00 357334 08/24/2017 CITY OF SEBASTIAN 24,218.71 357335 08/24/2017 TIMOTHY ROSE CONTRACTING INC 61,687.20 357336 08/24/2017 TRAFFIC PARTS INC 2,085.00 357337 08/24/2017 CALLAWAY GOLF SALES COMPANY 233.67 357338 08/24/2017 FLORIDA POWER AND LIGHT 93,397.44 357339 08/24/2017 FLORIDA POWER AND LIGHT 19,200.94 357340 08/24/2017 PHILLIP J MATSON 159.22 357341 08/24/2017 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,410.00 357342 08/24/2017 CITY OF FELLSMERE 16.78 357343 08/24/2017 SUNSHINE STATE ONE CALL OF FL INC 1,264.17 357344 08/24/2017 LANGUAGE LINE SERVICES INC 71.21 357345 08/24/2017 STRUNK FUNERAL HOMES & CREMATORY 425.00 357346 08/24/2017 FLORIDA DEPT OF ENVIRONMENTAL. PROTECTION 650.00 357347 08/24/2017 FLORIDA .DEPT OF ENVIRONMENTAL PROTECTION 500.00 357348 08/24/2017 TREASURE COAST SPORTS COMMISSION INC 4,659.00 357349 08/24/2017 IRC HEALTHY START COALITION INC 500.00 357350 08/24/2017 IRC HEALTHY START COALITION INC 2,500.00 357351 08/24/2017 IRC HEALTHY START COALITION INC 1,000.00 357352 08/24/2017 IRC HEALTHY START COALITION INC 1,666.66 357353 08/24/2017 BELA NAGY 74.16 357354 08/24/2017 KENNETH JAMES BINGHA.M JR 60.00 357355 08/24/2017 INDIAN RIVER FARMS WATER CNTRL DIST 100.00 357356 08/24/2017 ALAN C KAUFFMANN 200.00 P34 TRANS NBR DATE VENDOR AMOUNT 357357 08/24/2017 OSCEOLA COUNTY 10,219.45 357358 08/24/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 59.02 357359 08/24/2017 ELXSI INC 220.09 357360 08/24/2017 PINNACLE GROVE LTD 1,000.00 357361 08/24/2017 VERO CLUB PARTNERS LTD 1,044.00 357362 08/24/2017 FELLSMERE COMM ENRICHMENT PROGRAM INC 395.00 357363 08/24/2017 RUSSELL PAYNE INC 189.63 357364 08/24/2017 CELICO PARTNERSHIP 309.79 357365 08/24/2017 CINTAS CORPORATION NO 2 37.35 357366 08/24/2017 JOSEPH W VASQUEZ 60.00 357367 08/24/2017 CENTRAL PUMP & SUPPLY INC 671.03 357368 08/24/2017 MICHAEL ZITO 120.10 357369 08/24/2017 MASTELLER & MOLER INC 3,815.00 357370 08/24/2017 STAPLES CONTRACT & COMMERCIAL INC 473.10 357371 08/24/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 269.15 357372 08/24/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 272.80 357373 08/24/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 152.22 357374 08/24/2017 ORCHID ISLAND PROPERTY MGMT 11 INC 4,500.00 357375 08/24/2017 1 ST FIRE & SECURITY INC 210.00 357376 08/24/2017 JOHNNY B SMITH 170.00 357377 08/24/2017 MOORE MEDICAL LLC 533.62 357378 08/24/2017 CHARLES A WALKER 120.00 357379 08/24/2017 DYNAMIC AIR QUALITY & COOLING INC 950.55 357380 08/24/2017 BRIAN FREEMAN 16.91 357381 08/24/2017 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 3,250.00 357382 08/24/2017 MOLTER, WILLIAM OR NADA 76.52 357383 08/24/2017 WILLIS, JAMES & GLORIA 75.00 357384 08/24/2017 KATHLEEN P DOUGHERTY 30.00 357385 08/24/2017 NICOLACE MARKETING INC 2,985.00 357386 08/24/2017 OMNI ORLANDO RESORT 417.00 357387 08/24/2017 HELPING ANIMALS LIVE -OVERCOME 59.00 357388 08/24/2017 WOERNER DEVELOPMENT INC 4,174.00 357389 08/24/2017 ECMC 260.09 357390 08/24/2017 ORLANDO FREIGHTLINER INC 59.09 357391 08/24/2017 HEATHER HATTON 200.00 357392 08/24/2017 GFA INTERNATIONAL INC 17,734.50 357393 08/24/2017 MOORE MOTORS INC 84.81 357394 08/24/2017 TIM ZORC 24.39 357395 08/24/2017 LOWES HOME CENTERS INC 908.84 357396 08/24/2017 CB&1 COASTAL PLANNING & ENGINEERING INC 20,978.72 357397 08/24/2017 ADAMS FENCE 2 LLC 4,835.00 357398 08/24/2017 BURNETT LIME CO INC 9,627.80 357399 08/24/2017 CARMEN LEWIS 96.00 357400 08/24/2017 STRAIGHT OAK LLC 224.95 357401 08/24/2017 KRAUS ASSOCIATES INC 9,937.50 357402 08/24/2017 SOUTHERN MANAGEMENT LLC 267.00 357403 08/24/2017 CHEMTRADE CHEMICALS CORPORTATION 2,275.23 357404 08/24/2017 WADE WILSON 60.00 357405 08/24/2017 FAMILY SUPPORT REGISTRY 156.45 357406 08/24/2017 COAST TO COAST COMPUTER PRODUCTS 159.98 357407 08/24/2017 MONA MOSHKI FEDERICI 40.00 357408 08/24/2017 EXTREME GOLF INC 745.00 357409 08/24/2017 KESSLER CONSULTING INC 2,584.72 357410 08/24/2017 FORTILINE INC 114.99 357411 08/24/2017 THE LAW OFFICES OF 850.00 357412 08/24/2017 EAST COAST VETERINARY SERVICES LLC 103.00 357413 08/24/2017 NAPIER & R.OLLIN PLLC 162.50 357414 08/24/2017 RONALD NICHELSON 60.00 357415 08/24/2017 FOUNDATION FOR AFFORDABLE RENTAL 516.00 357416 08/24/2017 RELIANT FIRE SYSTEMS INC 50.00 P3 5 TRANS NRR DATE VENDOR AMOUNT 357417 08/24/2017 THE TRANSIT GROUP INC 13,052.57 357418 08/24/2017 FLORITURF SOD INC 160.00 357419 08/24/2017 JOSEPH D'IZONNO 120.00 357420 08/24/2017 BERGER SINGERMAN LLP 825.00 357421 08/24/2017 CATHEDRAL CORPORATION 2,582.46 357422 08/24/2017 GERELCO TRAFFIC CONTROLS INC 5,342.67 357423 08/24/2017 UNIFIRST CORPORATION 1,231.70 357424 08/24/2017 CDA SOLUTIONS INC 3,369.36 357425 08/24/2017 SITEONE LANDSCAPE SUPPLY LLC 62.31 357426 08/24/2017 GOTTA GO GREEN ENTERPISES INC 312.78 357427 08/24/2017 L M SANDLER & SONS INC 139,079.58 357428 08/24/2017 ADVANCE STORES COMPANY INCORPORATED 667.08 357429 08/24/2017 EGP DOCUMENT SOLUTIONS LLC 355.79 357430 08/24/2017 FLORIDA EAST COAST HOLDINGS CORP 1,701.00 357431 08/24/2017 RUSSELL L OWEN III 120.00 357432 08/24/2017 EZLINKS GOLF LLC 300.00 357433 08/24/2017 HARN R/O SYSTEMS INC 56,032.69 357434 08/24/2017 NWI RECYCLING INC 2,088.96 357435 08/24/2017 EDWARD ILLIDGE 230.00 357436 08/24/2017 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 43,752.72 357437 08/24/2017 MATHESON TRI -GAS INC 1,755.00 357438 08/24/2017 PEOPLE READY INC 13,226.53 357439 08/24/2017 ROBERT O RICHARDSON 111 170.00 357440 08/24/2017 EMILY GOUGE 120.00 357441 08/24/2017 AQSEPTENCE GROUP INC 1,015.32 357442 08/24/2017 RAUI, E VIVANCO 180.00 357443 08/24/2017 COLE AUTO SUPPLY INC 1,618.11 357444 08/24/2017 PROCTOR CONSTRUCTION COMPANY LLC 202,721.99 357445 08/24/2017 KIMBERLY RICCIARDONE 140.00 357446 08/24/2017 BETH NOLAN 80.00 357447 08/24/2017 ALLAN D KELLERMAN 27,680.00 357448 08/24/2017 BRIGHT WHITE PAPER CO 121.37 357449 08/24/2017 THOMAS R. PILIERO 68.00 357450 08/24/2017 RECYCLING ROCKS LLC 720.00 357451 08/24/2017 FLORIDA BULB & BALLAST INC 74.00 357452 08/24/2017 AQUATIC SYNERGY LLC 80.00 357453 08/24/2017 US DEPT OF TREASURY 112.53 357454 08/24/2017 JUDY COULL 45.00 357455 08/24/2017 ANNE ROLLO 300.00 357456 08/24/2017 ANNE TOBIN 34.07 357457 08/24/2017 WILLARD BRIGHT JR 100.00 357458 08/24/2017 ELLIBY THEODORE 43.56 357459 08/24/2017 LEANNE HARKINS 45.00 357460 08/24/2017 ROBYN KONCELIK 100.00 357461 08/24/2017 MICHAEL REED 40.00 357462 08/24/2017 JACQUIE MURPHY 150.00 357463 08/24/2017 LISA LOMBARDO 138.92 357464 08/24/2017 DAVID WHEATLEY 138.92 357465 08/24/2017 UTIL REFUNDS 79.27 357466 08/24/2017 UTIL REFUNDS 79.11 357467 08/24/2017 UTIL REFUNDS 108.90 357468 08/24/2017 UTIL REFUNDS 69.34 357469 08/24/2017 UTIL REFUNDS 225.01 357470 08/24/2017 UTIL REFUNDS 70.42 357471 08/24/2017 UTIL REFUNDS 5.80 357472 08/24/2017 UTIL REFUNDS 86.22 357473 08/24/2017 UTIL REFUNDS 120.06 357474 08/24/2017 UTIL. REFUNDS 61.70 357475 08/24/2017 UTIL REFUNDS 33.61 357476 08/24/2017 UTIL REFUNDS 63.05 P36 TRANS NBR DATE VENDOR AMOUNT 357477 08/24/2017 UTII. REFUNDS 15.15 357478 08/24/2017 UTIL REFUNDS 67.16 357479 08/24/2017 UTIL REFUNDS 69.80 357480 08/24/2017 UTIL REFUNDS 68.22 357481 08/24/2017 UTIL REFUNDS 75.49 357482 08/24/2017 UTIL REFUNDS 36.86 357483 08/24/2017 UTIL REFUNDS 32.98 357484 08/24/2017 UTIL REFUNDS 49.54 357485 08/24/2017 UTIL REFUNDS 61.28 357486 08/24/2017 UTIL REFUNDS 57.65 357487 08/24/2017 UTIL REFUNDS 144.54 357488 08/24/2017 UTIL REFUNDS 77.52 357489 08/24/2017 UTIL REFUNDS 100.00 357490 08/24/2017 UTIL REFUNDS 32.86 357491 08/24/2017 UTIL REFUNDS 36.57 357492 08/24/2017 UTIL REFUNDS 30.97 357493 08/24/2017 UTIL REFUNDS 100.80 357494 08/24/2017 UTIL REFUNDS 44.60 357495 08/24/2017 UTIL REFUNDS 2.38 357496 08/24/2017 UTIL REFUNDS 69.80 357497 08/24/2017 UTIL REFUNDS 28.81 357498 08/24/2017 UTIL REFUNDS 24.58 357499 08/24/2017 UTIL REFUNDS 27.99 357500 08/24/2017 UTIL REFUNDS 73.12 357501 08/24/2017 UTIL REFUNDS 103.32 357502 08/24/2017 UTIL REFUNDS 73.78 357503 08/24/2017 UTIL REFUNDS 30.30 357504 08/24/2017 UTIL REFUNDS 57.49 357505 08/24/2017 UTIL REFUNDS 18.41 357506 08/24/2017 UTII. REFUNDS 88.81 357507 08/24/2017 UTIL REFUNDS 75.32 357508 08/24/2017 UTIL REFUNDS 313.92 357509 08/24/2017 UTIL REFUNDS 76.28 Grand Total: 1,443,984.70 P37 6 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011915 08/18/2017 EVERGLADES FARM EQUIPMENT CO INC 900.12 1011916 08/18/2017 NORTH SOUTH SUPPLY INC 630.86 1011917 08/18/2017 COLD AIR DISTRIBUTORS WAREHOUSE 76.19 1011918 08/18/2017 INDIAN RIVER BATTERY 1,_774.85 1011919 08/18/2017 MIKES GARAGE & WRECKER SERVICE INC 110.00 1011920 08/18/2017 ABCO GARAGE DOOR CO INC 325.30 1011921 08/18/2017 ALLIED UNIVERSAL CORP 9,937.59 1011922 08/18/2017 GROVE WELDERS INC 337.44 1011923 08/18/2017 SOUTHERN COMPUTER WAREHOUSE 255.23 1011924 08/18/2017 FIRST HOSPITAL LABORATORIES INC 161.25 1011925 08/18/2017 MIDWEST MOTOR SUPPLY CO 181.00 1011926 08/18/2017 CUMMINS INC 12,162.06 1011927 08/18/2017 METRO FIRE PROTECTION SERVICES INC 2,410.06 1011928 08/18/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 612.36 1011929 08/18/2017 HYDRA SERVICE (S) INC 1,420.19 1011930 08/18/2017 NEXAIR LLC 343.36 1011931 08/18/2017 AT&T 3,768.56 1011932 08/18/2017 OFFICE DEPOT BSD CUSTOMER SVC 392.12 1011933 08/18/2017 WASTE MANAGEMENT INC 4,360.14 1011934 08/18/2017 POLYDYNE INC 2,507.00 1011935 08/18/2017 WHEELABRATOR RIDGE ENERGY INC 2,693.65 1011936 08/23/2017 EVERGLADES FARM EQUIPMENT CO INC 32.64 1011937 08/23/2017 PARKS RENTAL & SALES INC 66.00 1011938 08/23/2017 COPYCOINC 234.73 1011939 08/23/2017 UNIVERSAL SIGNS & ACCESSORIES 2,965.50 1011940 08/23/2017 COLD AIR DISTRIBUTORS WAREHOUSE 1,247.49 1011941 08/23/2017 DEMCOINC 132.33 1011942 08/23/2017 ST LUCIE BATTERY & TIRE CO 320.00 1011943 08/23/2017 HD SUPPLY FACILITIES MAINTENANCE LTD 805.65 1011944 08/23/2017 COMO OIL COMPANY OF FLORIDA 178.97 1011945 08/23/2017 SOUTHERN JANITOR SUPPLY INC 130.53 1011946 08/23/2017 BENNETT AUTO SUPPLY INC 48.95 1011947 08/23/2017 PACE ANALYTICAL SERVICES INC 428.00 1011948 08/24/2017 NORTH SOUTH SUPPLY INC 69.40 1011949 08/24/2017 INDIAN RIVER BATTERY 317.95 1011950 08/24/2017 MIKES GARAGE & WRECKER SERVICE INC 1,170.00 1011951 08/24/2017 GALLS LLC 113.50 1011952 08/24/2017 IRRIGATION CONSULTANTS UNLIMITED INC 80.52 1011953 08/24/2017 41MPRINT INC 1,115.70 1011954 08/24/2017 HARCROS CHEMICALS, INC. 4,435.25 1011955 08/24/2017 L&L DISTRIBUTORS 539.90 1011956 08/24/2017 NEXAIR LLC 815.38 Grand Total: 60,607.72 P3 8 ELECTRONIC PAYMENTS - WIRE & ACH TRANS.NBR DATE 5346 08/18/2017 5347 68/18/2017 5348 08/18/2017 5349 08/21/2017 5350. 09/21/2017 5351 08/22/2017 5352 08/22/2017 5353 08/22/2017 Grand Total: VENDOR SCHOOL DISTRICT OF I R COUNTY IRC CHAMBER OF COMMERCE WRIGHT EXPRESS FSC INDIAN RIVER COUNTY PROPERTY_ APPRAISER INDIAN RIVER COUNTY SHERIFF SENIOR RESOURCE ASSOCIATION IRC CHAMBER OF COMMERCE IRC CHAMBER OF COMMERCE AMOUNT 58,838.00 6,930.55 18.795.42 25,468.75 25,035.45 362,142.26 28,063.59 17,534.83 542,808.85 P3 9 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 31, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 25, 2017 to August 31, 2017 4��couNryroc �eanp�� In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 25, 2017 to August 31, 2017. Attachment: ERN P4 0 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011957 08/25/2017 AT&T 12,201.79 1011958 08/25/2017 OFFICE DEPOT BSD CUSTOMER SVC 2,020.66 1.011959 08/25/2017 COMCAST 84.90 1011960 08/25/2017 POLYDYNE INC 2,507.00 1011961 08/30/2017 EVERGLADES FARM EQUIPMENT CO INC 708.23 1011962 08/30/2017 PARKS RENTAL & SALES INC 501.75 1011963 08/30/2017 COLKITT SHEET METAL & A/C INC 437.00 1011964 08/30/2017 SSES INC 5,662.68 1011965 08/30/2017 HENRY SCHEIN INC 3,540.24 1011966 08/30/2017 COLD AIR DISTRIBUTORS WAREHOUSE 488.27 1011967 08/30/2017 INDIAN RIVER. BATTERY 201.00 1011968 08/30/2017 MIKES GARAGE & WRECKER SERVICE INC 210.00 1011969 08130/2017 MEEKS PLUMBING INC 214.00 1011970 08/30/2017 ABCO GARAGE DOOR CO INC 158.00 1011971 08/30/2017 ALLIED UNIVERSAL CORP 5,353.42 1011972 08/30/2017 IRRIGATION CONSULTANTS UNLIMITED INC 23.57 1011973 08/30/2017 GROVE WELDERS INC 201.66 1011974 08/30/2017 SOUTHERN COMPUTER WAREHOUSE 2,437.08 1011975 08/30/2017 COMO OIL COMPANY OF FLORIDA 342.36 1011976 08/30/2017 PRIDE ENTERPRISES 3,043.95 1011977 08/30/2017 SOUTHERN PLUMBING INC 175.00 1011978 08/30/2017 SIMEVE CHEMICAL CO 4,728.81 1011979 08/30/2017 MIDWEST MOTOR SUPPLY CO 53.00 1011980 08/302017 RECHTIEN INTERNATIONAL TRUCKS 327.67 1011981 08/30/2017 SOUTHERN JANITOR SUPPLY INC 2,237.60 1011982 08/302017 HAR.CROS CHEMICALS, INC. 6,930.01 1011983 08/30/2017 METRO FIRE PROTECTION SERVICES INC 147.50 1011984 08/30%2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 80.00 1011985 08/30/2017 SPINNAKER VERO INC 300.00 1011986 08/30/2017 CUMMINS POWER SOUTH LLC 4,841.61 1011987 08/30/2017 L&LDISTRIBUTORS 2,037.78 1011988 08/30/2017 RADWELL INTERNATIONAL INC 397.96 1011989 08/302017 WRIGHT FASTENER COMPANY LLC 301.00 1011990 08/30/2017 PACE ANALYTICAL SERVICES INC 108.00 Grand Total: 63,003.50 P41 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 357510 08/28/2017 GREENE INVESTMENT PARTNERSHIP LTD 3,713.54 357511 08/28/2017 INDIAN RIVER COUNTY HEALTH DEPT 50,235.75 357512 08/28/2017 MEDICAL EXAMINERS OFFICE 30,915.91 357513 08/28/2017 VICTIM ASSISTANCE PROGRAM 5,633.75 357514 08/28/2017 ROGER J NICOSIA 1,500.00 357515 08/28/2017 CITY OF VERO BEACH 2,072.78 357516 08/28/2017 CITY OF VERO BEACH 11,700.00 357517 08/31/2017 PORT CONSOLIDATED INC 68,920.23 357518 08/31/2017 JORDAN MOWER INC 261.10 357519 08/31/2017 COMMUNICATIONS INTERNATIONAL 81.00 357520 08/31/2017 COMMUNICATIONS INTERNATIONAL 80,795.61 357521 08/31/2017 TEN -8 FIRE EQUIPMENT INC 4,322.70 357522 08/31/2017 RANGER CONSTRUCTION IND INC 522.24 357523 08/31/2017 VERO CHEMICAL DISTRIBUTORS INC 198.45 357524 08/31/2017 RICOH USA INC 162.98 357525 08/31/2017 RICOH USA INC 8.86 357526 08/31/2017 KIMLEY HORN & ASSOC INC 2,386.30 357527 08/31/2017 VELDE FORD INC 258.79 357528 08/31/2017 SAFETY PRODUCTS INC 975.77 357529 08/31/2017 STEWART MATERIALS INC 4,883.15 357530 08/31/2017 AT&T WIRELESS 120.94 357531 08/31/2017 DATA FLOW SYSTEMS INC 5,277.10 357532 08/31/2017 PARALEE COMPANY INC 500.00 357533 08/31/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 6.49 357534 08/31/2017 GRAINGER 233.12 357535 08/31/2017 KELLY TRACTOR CO 5,986.18 357536 08/31/2017 SAFETY KLEEN SYSTEMS INC 213.29 357537 08/31/2017 GRAYBAR ELECTRIC 648.65 357538 08/31/2017 AMERIGAS EAGLE PROPANE LP 302.64 357539 08/31/2017 AMERIGAS EAGLE PROPANE LP 846.77 357540 08/31/2017 HACH CO 533.02 357541 08/31/2017 LFI FORT PIERCE INC 1,127.15 357542 08/31/2017 LFI FORT PIERCE INC 2,095.78 357543 08/31/2017 CLIFF BERRY 'INC 242.50 357544 08/31/2017 ALLIED ELECTRONICS INC 863.66 357545 08/31/2017 HD SUPPLY WATERWORKS, LTD 13,731.50 357546 08/31/2017 BOUND TREE MEDICAL LLC 16,022.39 357547 08/31/2017 VERO INDUSTRIAL SUPPLY INC 87.50 357548 08/31/2017 ANIMAL CARE EQUIPMENT & SERVICES 184.60 357549 08/31/2017 DIVE RESCUE INTERNATIONAL INC 496.11 357550 08/31/2017 TIRESOLES OF BROWARD INC 1,024.69 357551 08/31/2017 PRECISION SMALL ENGINE CO INC 462.97 357552 08/31/2017 DELL MARKETING LP 5,728.49 357553 08/31/2017 THE GOODYEAR TIRE & RUBBER COMPANY 2.808.94 357554 08/31/2017 BAKER & TAYLOR INC 12165.82 357555 08/31/2017 MIDWEST TAPE LLC 1,730.81 357556 08/31/2017 MWI CORP 1,533.45 357557 08/31/2017 MICROMARKETING LLC 448.28 357558 08/31/2417 VERO COLLISION CENTER 8,775.75 357559 08/31/2017 TY COBB SERVICE INC 90.00 357560 08/31/2017 BAKER DISTRIBUTING CO LLC 93.60 357561 08/31/2017 PALM TRUCK CENTERS INC 854.11 357562 08/31/2017 JIMMYS AIR & REFRIGERATION INC 360.75 357563 08/31/2017 GO COASTAL INC 150.00 357564 08/31/2017 SOFTWARE HARDWARE INTEGRATION 328.00 357565 08/31/2017 RICHARD C THERIEN 500.00 357566 08/31/2017 TINDALE-OLIVER & ASSOCIATES INC 1,413.15 357567 08/31/2017 PING INC 836.02 P42 TRANS NBR DATE VENDOR AMOUNT 357568 08/31/2017 INDIAN RIVER COUNTY HEALTH DEPT 734.00 357569 08/31/2017 INDIAN RIVER COUNTY HEALTH DEPT 132.00 357570 08/31/2017 CITY OF VERO BEACH 10,721.61 357571 08/31/2017 CITY OF VERO BEACH 2,500.00 357572 08/31/2017 LANDIA INC 18,823.00 357573 08/31/2017 UNITED PARCEL SERVICE INC 20.18 357574 08/31/2017 FERGUSON ENTERPRISES INC 2,677.57 357575 08/31/2017 LIVINGSTON PAGE 40.00 357576 08/31/2017 HENRY FISCHER & SONS INC 660.00 357577 08/31/2017 PUBLIX SUPERMARKETS 20.10 357578 08/31/2017 PUBLIX SUPERMARKETS 6.75 357579 08/31/2017 PUBLIX SUPERMARKETS 59.42 357580 08/31/2017 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 357581 08/31/2017 GEOSYNTEC CONSULTANTS INC 1,731.72 357582 08/31/2017 FEDERAL EXPRESS CORP 32.99 357583 08/31/2017 JOHN KING 237.86 357584 08/31/2017 FLORIDA POWER AND LIGHT 25,619.23 357585 08/31/2017 FLORIDA POWER AND LIGHT 2,499.42 357586 08/31/2017 GIFFORD YOUTH ACHIEVEMENT CENTER INC 11,705.12 357587 08/31/2017 WASTE MANAGEMENT INC 183,767.28 357588 08/31/2017 JASON E BROWN 35.00 357589 08/31/2017 SHERILEE D PARSELL 178.00 357590 08/31/2017 BUILDING OFFICIALS ASSOC OF FLORIDA 444.24 357591 08/31/2017 FLORIDA STATE GOLF ASSOCIATION 877.00 357592 08/31/2017 KENNETH JAMES BINGHAM JR 60.00 357593 08/31/2017 INDIAN RIVER FARMS WATER CNTRL DIST 200.00 357594 08/31/2017 ALAN C KAUFFMANN 200.00 357595 08/31/2017 JOHN BROWN & SONS INC 4,000.00 357596 08/31/2017 BLUE CROSS BLUE SHIELD 318.87 357597 08/31/2017 INWATER RESEARCH GROUP INC 3,000.00 357598 08/31/2017 HUMANA 245.75 357599 08/31/2017 FLORIDA LEGISLATURE 600.00 357600 08/31/2017 BRIDGESTONE AMERICAS INC 517.60 357601 08/31/2017 ECONOLITE CONTROL PRODUCTS INC 2,708.00 357602 08/31/2017 RUSSELL PAYNE INC 213.57 357603 08/31/2017 ANIXTER INC 340.00 357604 08/31/2017 AAC BUILDERS INC 4,096.00 357605 08/31/2017 CINTAS CORPORATION NO 2 244.52 357606 08/31/2017 VAN WAL INC 100.00 357607 08/31/2017 BIG BROTHERS AND BIG SISTERS 625.00 357608 08/31/2017 BIG BROTHERS AND BIG SISTERS 2,852.05 357609 08/31/2017 FLORIDA RURAL LEGAL SERVICES INC 3,937.52 357610 08/31/2017 THE SHERWIN WILLIAMS CO 724.70 357611 08/31/2017 THOMPSON PUMP 9,710.00 357612 08/31/2017 MBV ENGINEERING INC 8,300.00 357613 08/31/2017 CENTRAL PUMP & SUPPLY INC 370.45 357614 08/31/2017 MASTELLER & MOLER INC 3,915.75 357615 08/31/2017 STAPLES CONTRACT & COMMERCIAL INC 391.28 357616 08/31/2017 GLOVER OIL COMPANY INC 13,177.56 357617 08/31/2017 GARY L EMBREY 40.00 357618 08/31/2017 ORCHID ISLAND PROPERTY MGMT 11 INC 1,639.00 357619 08/31/2017 1 ST FIRE & SECURITY INC 422.48 357620 08/31/2017 MICHAEL W EIRLS 2,600.00 35762.1 08/31/2017 JOHNNY B SMITH 150.00 357622 08/31/2017 MOORE MEDICAL LLC 2979.92 357623 08/31/2017 GLOBALSTAR USA 146.66 357624 08/31/2017 CHARLES A WALKER 100.00 357625 08/31/2017 AQUA -AEROBIC SYSTEMS INC 3,127.05 357626 08/31/2017 CEMEX 3.691.00 357627 08/31/2017 GEORGE MARTIN 94.14 P4 3 2 TRANS NBR DATE VENDOR AMOUNT 357628 08/31/2017 GREGORY I MCCARTY 500.00 357629 08/31/2017 BILLYS AUTO SERVICE 345.21 357630 08/31/2017 DANA SAFETY SUPPLY INC 132.60 357631 08/31/2017 K'S COMMERCIAL CLEANING 161954.08 357632 08/31/2017 NICOLACE MARKETING INC 1,369.00 357633 08/31/2017 WINSUPPLY OF VERO BEACH 558.33 357634 08/31/2017 HMA-SOLANTIC JOINT VENTURE LLC DBA 180.00 357635 08/31/2017 TITANIA GOLF INC 523.00 357636 08/31/2017 CREATIVE POWER SOLUTIONS INC 920.00 357637 08/31/2017 TREASURE COAST MOTOR CYCLE CENTER INC 283.31 357638 08/31/2017 DATA TRANSFER SOLUTIONS LLC 7,200.00 357639 08/31/2017 ALAN JAY CHEVROLET CADILLAC 26,301.20 357640 08/31/2017 MOORE MOTORS INC 86.98 357641 08/31/2017 FREEDOM HEALTH 293.47 357642 08/31/2017 JOSHUA HARVEY GHIZ 1,927.98 357643 08/31/2017 NEWSOM OIL COMPANY 561.00 357644 08/31/2017 LOWES HOME CENTERS INC 2,133.67 357645 08/31/2017 MUNICIPAL EMERGENCY SERVICES INC 112.50 357646 08/31/2017 ALEX MIKLO 110.00 357647 08/31/2017 BURNETT LIME CO INC 9,667.00 357648 08/31/2017 TREASURE COAST TURF INC 675.00 357649 08/31/2017 PENGUIN RANDOM HOUSE LLC 262.65 357650 08/31/2017 CARMEN LEWIS 100.00 357651 08/31/2017 STRAIGHT OAK LLC 434.85 357652 08/31/2017 KANSAS STATE BANK OF MANHATTAN 1,781.14 357653 08/31/2017 C E R SIGNATURE CLEANING 850.00 357654 08/31/2017 ALEXIS PERALTA 31.97 357655 08/31/2017 CHEMTRADE CHEMICALS CORPORTATION 2,181.72 357656 08/31/2017 SAMBA HOLDINGS INC 3,186.24 357657 08/31/2017 WADE WILSON 120.00 357658 08/31/2017 DUININCK INC 221,350.00 357659 08/31/2017 FORTILINE INC 6,401.11 357660 08/31/2017 THE LAW OFFICES OF 881.00 357661 08/31/2017 BERNARD EGAN & COMPANY 7,025.55 357662 08/31/2017 RONALD NICHELSON 100.00 357663 08/31/2017 RELIANT FIRE SYSTEMS INC 1,305.00 357664 08/31/2017 COBRA GOLF INCORPORATED 3,493.99 357665 08/31/2017 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 850.00 357666 08/31/2017 HAWKINS INC 1,007.75 357667 08/31/2017 JOSEPH DIZONNO 120.00 357668 08/31/2017 MOLINA HEALTHCARE MEDICAID 102.74 357669 08/31/2017 RONALD RENNICK 495.00 357670 08/31/2017 TRIBOND LLC 8,167.44 357671 08/31/2017 CATHEDRAL CORPORATION 22,702.00 357672 08/31/2017 GERELCO TRAFFIC CONTROLS INC 32,416.53 357673 08/31/2017 UNIFIRST CORPORATION 979.46 357674 08/31/2017 MSDS ONLINE 3,599.00 357675 08/31/2017 SITEONE LANDSCAPE SUPPLY LLC 104.45 357676 08/31/2017 GOTTA GO GREEN ENTERPISES INC 56.54 357677 08/31./2017 HYDROMAX USA LLC 27,144.78 357678 08/31/2017 ADVANCE STORES COMPANY INCORPORATED 273.85 357679 08/31/2017 THE GIFFORD FLORIDA YOUTH ORCHESTRA 2,884.10 357680 08/31/2017 DENISE GILLESPIE 190.00 357681 08/31/2017 EGP DOCUMENT SOLUTIONS LLC 1,072.00 357682 08/31/2017 WURTH USA INC 37.50 357683 08/31/2017 RUSSELL L OWEN III 40.00 357684 08/31/2017 STEVES FROZEN CHILLERS OF FLORIDA SPACE COAS. 546.00 357685 08/31/2017 NW] RECYCLING INC 3,504.22 357686 08/31/2017 RECYCLE ACROSS AMERICA 846.00 357687 08/31/2017 AC VETERINARY SPECIALTY SERVICES 308.35 P44 TRANS NBR DATE VENDOR AMOUNT 357688 08/31/2017 EDWARD ILLIDGE 120.00 357689 08/31/2017 CDW LLC 439.72 357690 08/31/2017 ASP14ALT PAVING SYSTEMS INC 46,494.65 357691 08/31/2017 MAGELLAN COMPLETE MEDICAID 88.42 357692 08/31/2017 MATHESON TRI -GAS INC 3,997.50 357693 08/31/2017 PEOPLE READY INC 23.579.05 357694 08/31/2017 KEITH ADAMS 100.00 357695 08/31/2017 ROBERT O RICHARDSON III 170.00 357696 08/31/2017 IBIS GARDENS APTS LLC 500.00 357697 08/31/2017 PIT STOP CYCLE INC 282.80 357698 08/31/2017 EMILY GOUGE 120.00 357699 08/31/2017 HANNABRI SERVICES INC 4,750.20 357700 08/31/2017 AQSEPTENCE GROUP INC 704.07 357701 08/31/2017 STRIVING 4 SUCCESS 1,673.20 357702 08/31/2017 COLE AUTO SUPPLY INC 610.35 357703 08/31/2017 MARISAALEXANDER 32.00 357704 08/31/2017 CANON FINANCIAL SERVICES INC 241.72 357705 08/31/2017 GARLAND DBS INC 1,767.00 357706 08/31/2017 GARLAND DBS INC 583.66 357707 08/31/2017 TERRELL W BALL 93.12 357708 08/31/2017 BETH NOLAN 70.00 357709 08/31/2017 FLUKE ELECTRONICS CORP 200.00 357710 08/31/2017 THOMAS R PILIERO 64.00 357711 08/31/2017 AUTOMOTIVE SERVICE EQUIPMENT LLC 6,135.00 357712 08/31/2017 DAVE FORD PAINTING INC 2,750.00 357713 08/31/2017 NESTLE WATERS NORTH AMERICA 100.78 357714 08/31/2017 GARY D GESTEWITZ 275.00 357715 08/31/2017 JD POWER 115.00 357716 08/31/2017 BRAY SALES INC 1,441.13 357717 08/31/2017 CAROL WAILES 329.20 357718 08/31/2017 WALTER UNGERBUECHLE.R 80.04 357719 08/31/2017 VIRGINIA W RUSSELL 75.01 357720 08/31/2017 JUDITH PALMER 92.10 357721 08/31/2017 STUART RUBBER STAMP & SIGN CO INC 86.38 357722 08/31/2017 4206 TWENTIETH ASSOCIATES LLC 500.00 357723 08/31/2017 RUSSELL A PODGORNY 75.00 357724 08/31/2017 PRECISION GRADING SERVICES LLC 75.00 357725 08/31/2017 EVELYN MC MANUS 76.17 357726 08/31/2017 ROSANNE B MCABOY 96.91 357727 08/31/2017 KASIMIRAA MAZZARELLA 438.92 357728 08/31/2017 DOROTHY C FRUTIG 98.80 357729 08/31/2017 ROBERT K FLYNN 93.23 357730 08/31/2017 JACK DROBISH 110.53 357731 08/31/2017 JEANETTE BRINKERHOFF 104.93 357732 08/31/2017 BRITTANY L BOYLES 100.72 357733 08/31/2017 JOHN C COLLINS 500.00 357734 08/31/2017 MICHAEL JOHEJL 9,506.28 Grand Total: 1,312,607.77 P45 4 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5354 08/25/2017 VEROTOWN LLC 30,532.89 5355 08/25/2017 SENIOR RESOURCE ASSOCIATION 20,758.00 5356 08/25/2017 BENEFITS WORKSHOP 6,293.43 5357 08/25/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 1,676.15 5358 08/25/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 27,594.42 5359 08/25/2017 FLORIDA LEAGUE OF CITIES, INC 4,228.73 5360 08/25/2017 ICMA RETIREMENT CORPORATION 12,629.45 5361 08/25/2017 TEAMSTERS LOCAL UNION #769 5,471.00 5362 08/25/2017 IRC FIRE FIGHTERS ASSOC 6,720.00 5363 08/25/2017 ICMA RETIREMENT CORPORATION 2,210.00 5364 08/25/2017 INTEGRITY LAWNS LLC 1,750.00 5365 08/25/2017 C E R SIGNATURE CLEANING 5,000.00 5366 08/25/2017 KIMLEY HORN & ASSOC INC 13,639.58 5367 08/25/2017 CDM SMITH INC 11,931.10 5368 08/25/2017 CDM SMITH INC 2.696.30 5369 08/25/2017 KIMLEY HORN & ASSOC INC 27,232.00 5370 08/252017 1 R C HEALTH INSURANCE - TRUST 576,037.40 5371 08/282017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 35,464.50 5372 08/28/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 18,147.60 5373 08/282017 WEST HEALTH ADVOCATE SOLUTIONS INC 1,171.50 5374 0828/2017 CHARD SNYDER & ASSOCIATES INC 284.00 5375 08282017 FL SDU 5,930.52 5376. 08/28/2017 IRS -PAYROLL TAXES 410,644.36 5377 08/31/2017 WHITNEY BANK 1,043,133.50 5378 08/312017 BANK OF NEW YORK 2,440,500.00 Grand Total: 4,711,676.43 P4 6 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller 180127 1h Street Vero Beach, FL 32960 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller DATE: September 5, 2017 SUBJECT: County Capital Asset Inventories r comp�-o(< 1 Annual physical inventories of capital assets are conducted for all BCC departments as well as the Clerk of Circuit Court & Comptroller, Property Appraiser, Supervisor of Elections, and Tax Collector. Per Florida Statute 274.02, the Finance Department staff has completed a detailed physical inventory of nearly 5,300 pieces of equipment. Assets to be removed from the County inventory must be presented to the Board for approval per Florida Statute 274.07. Attached is the list of non -surplus items that must be removed based on the completed physical inventories. Recommendation: Staff recommends approval of the attached list of assets for deletion from the inventory system. Attachment: Schedule of Assets for Deletion APPROVED AGENDA ITEM: FOR: September 12, 2017 P47 Schedule of Assets for Defines Asset Acquisition Department Number Dacrlbtfon Date Book Value 1 Computer Services 200300 tell Powaredge 2500 Server 12A/200t 50.00 Cannot brats 2 Emergency Services 24179 Watclguard Firebox X1250 8808007 $0.00 Cannot locate 3 Emergency Services 175200 GE LPE Handhold Radio 91=1997 S0.011) Cannot locate 4 Emergency Services 177350 GE Prism Handheld Radio 1214'1997 $0.00 Cervbt locals 5 Emergency Services 102330 GE Priem Handhold Redo 1011/1997 $0.00 Cannot bate 0 Facilities Management 25104.251041 Coudhowe Chiller 8/N2006 50.00 Chiller replaced during fiscal year 17 7 Facifill" Management 26106, 25105-1 Courthouse Chiller 8108008 50.00 Chiller replaced during ftscat year 17 8 Facifilles Management 178190 GE PCS Portable Radio 1181/1987 $0.00 Carrot locate 9 FacBiibs Management 23767A Madtov4c la Machine 1178013 $0.00 Cannot locate 10 Fadiilles Manngemerd 22908 Energy Management Saft"M g1302005 50.00 No longer using this eoOWaro 11 FiroResew 166020 Kawasaki Mats 1000ATV 1/1811995 $0.00 Cannot locate- Stolen police report Mad 12 Fire Rescue 195980 Drager Tube KII for Gas Detection 31lami SD.00 Civr of bate 13 Fire Resmro 20107 DMI Latitude ES520 Laptop GM12011 $0.00 Sehg Used for parts 14 Flat Rescue 20110 Dei Latitude E5520 Laptop 598011 $0.00 BMrg used for parte 15 Fire Rescue 27480 Deg LelOude E5130 ATG Laptop 1838014 5848.32 Bong used for pmts 16 Fire Rescue 27400 Deg LalNudo EM30 ATG Laptop 1/278014 $040.32 Being used for parts 17 Fite Rescue 21492 Dell Latitude E0430 ATG Laptop 1/278014 $648.32 Being used for parte 18 Fire Rescue 197730 Etcsson Box* Radio 6818001 511.00 Per Communications International leder - radio "a broken down and used for parts 19 Fire Rescue 179030 GE Orion Base Radio 18411948 $0,00 Per CommunIcatbns International leder - rode wits broken down and used for pods 20 Fire Rescue /8180 GE Orlon DIC Mobile Rade 101111997 $0.00 Per CommuMatbns Inte Witenal letter - radio was broken down and used for pada 21 Fire Rescue 181740 GE Orion DIC Mobile Radio 1011/1997 $0.00 Por Common mtkins International tenor - radio was broken down nod used for parts 22 Fire Resew /61790 GE Orion OIC Mobile Radio 1011r1997 $0.00 Pm Communications International team - raft was broken down and used for parts 23 Fire Rescue 181810 GE Orlon DIC Mobile Radio 10/1/1997 $0.00 Per Communlcatbrs Intematbnal blter - mato was broken down and used for pmts 24 Fire Rescue 179920 GE Orion DfC Mobile Radio 18911090 $O.00 Par Communications International leder - radio was broken dawn and used for pens 26 Fire Rescue 170870 GE OrkmFIM Mobile Rade 189/11190 S9.DD Par Communications Irrtematenal letter - radio wee broken dawn and used for pads 20 Fire Rescue 22544 Jaguar 700P Bees Radio 611rm S0.00 Po Comntunlcrtlons International leder - radio was broken down and ux*d for pmts 27 Fire Rescue 25582 M7100 Mobilo Radio 1184!2009 50.00 per Communications international letter - radio was bmken down and used for Parts 28 Fire Rescue 195190 Orion Edna 12 WT Mollie Radio 17/14/2000 50.00 Par Communications international leder, - radio was broken down and used ror Pols 29 Fie Reagro 152350 Orion Mobile Redo 1011/1997 $0.00 Per Conan nicatloro Intemaabnal hilar - retic was broken down and wed for parte 30 Fire Rescue 180140 Orion Mobile Radio 1IM1998 $0.00 Per Commwloatdons intonational leder - radio was broken down mid used for pens 31 Fire Resew 24437 Samsung 01 trite Mobile Handheld 9/3012007 $0.00 C..... bate 32 Fire Resew 6097 1 5 Ton AIC unit 6/312004 $0.00 Removed during station fit renovations 33 Fire Rescue 00072 4 Ton AIC unit 61312000 $0.00 Removed during stolon Int renovations 34 Fire Rescue 00978 Draperies 4117/1985 $561.15 Removed during station 01 enovatbre, 35 Fire Rescue 6007C Lockers 411711986 3723.49 Removed during station 91 renovations 38 FIre Resew 00970 Spdnkiers 085/1487 5408,76 Removed during station Of remvaltos 37 Fite Resew 60071' Various Imprpvonent to Stolen 411511M $26,290.90 Removed duin9 station Rt renovations 38 Fie Rescue W97G Replacement Doors /108001 51,905.80 Removed during station 111 erovetbrs 30 Fire Rescue 6097H Gsege Doors 48&2002 52,341.52 Removed during station 01 renovations 40 Fire Rescue 28MD XG-75 Podebte Redo 3/178010 $1.749.94 Canoot locate 41 Fire Rescue 20194 MSA - CORN SCBA HPW. Mask 30 kin 9116/2011 $0.00 Cannot locale 42 Fire Reece 20195 MSA - CORN SCBA HPW. Mask 30 Min 41158011 $0.00 Cannot bcada 43 Fire Resew 26IN MSA -CORN SCBA HPW. Meek 30 Min 911512011 $0,00 Cannot beets M Information Systems 22861 Sargertner FI -4120C2 Scanner 91148005 50.00 Cannot locate 45 Information Systems 22886 Seagrertrer FI.4120C2 Seeman 9/148005 50.00 Cannel bate 40 Minn Library 107600 11 Dmwsr Mirxoftim Cabno 0/1411989 50.00 Cannot bate 47 Parks 25137 Ford F.250 Crew Cob Truck (Y512009 50.00 Tnmk was totaled M car accident 48 Parks 21425 20X36 Aluminum Storage Shed 5 17 012 0 0 3 $0.00 Shed was Included with sale of 16th Street Ballftelds to the Jimmy Groves foundation 40 Property Appraiser 21093 Dog Precision 340 Computer 101308002 50,00 Cannot boasts 60 Property Appraiser 23205 Sorry E-Solutlors Camaro 31148000 50.00 Cannot locos 51 Property Appraiser 25772 DON Poaerndge 10 port Switch 7/1/2010 $0.00 Cannot bale 52 Reaeralem 22094 2OX36 Aluminum Stooge Shed 8!18004 So oo Shed was included with sale of loth Street Bolftelds to the Jimmy Graves foundation 63 Sandridge Gaff Course 230M Smyth Systems Golf Pro Shop Software 7/158006 $0.00 Software has been replaced Wth EZ Links Software 54 Sandadge God Course 21706 Main Pump a Lakes Golf Course 18712004 $0.00 Pumps aro being replaced with new Lakes Course iragatbn "Mom 55 SwArldge Goll Course 208370 PLC Retrofit Pump Presage 5818002 50.00 Pumps we being replaced with now lakes Cause Irrigation "am 50 Sandridge Golf Course 25060E Golf Carl 12/88010 SD,DD Was Pad of the oaginel trade in 2016 - any kept four of the original carte rot 5 57 Sarkdridge Golf Course 26039 Dunes Course Pump Staten 58/2008 $0.00 Pump station was replaced with new Irrigation systems on both courses SB Sandddp Gott Course 22097 10 simian Aquagator 6 Retro Pump 8118004 $0.00 Replaced with new Irrigation systems on both courses 59 Senior Resource Association 25621A Soon Comers Surveillance System 9/308011 50.00 Disposed of with bw 6219 60 Senior Resource Association 265218 Monitor for Advertising 5818013 $205.48 Disposed of win bus 0219 01 Senior Resource Association 25521C Auto Passenger Counter 5/138015 S1,373.28 Disposed of with bus $1219 82 Senior Resource Association 25521D Bike Reck 7AM15 2597.06 Diepoaed of wOh bW 0219 63 Senior Resource Association 243831) Blks Reck 7188015 5597.00 Broken and discarded 64 Senior Resource Association 2S127C Bike Reck 4812014 $322.71 Brokenanddtaceeled 66 Senior Resource Association 265200 Bike Rack /212014 $322.71 Broken and diaomded 00 Senior Resource Association 25660C Bike Rick 71012018 $597,00 Broken and dixerded 07 Senior Resource Assodatbn 27065 Monitor for Advertising 5818013 5205.48 Broken and discarded 08 Supervisor of Etectlone 202311 Windows NT Election Database Software 2168002 50.00 Software has been replaced So Supervisor of Electbro 206091 Ballot Tabulation Software 212 8 12 0 0 2 $0.00 Software has been replaced 70 Tmr Collector 22941A MS SOL Software 8 Lima" 9/30/1005 SO.OD No longer using this software 71 Tait Collector 22943 ARC Serve Backup Software 913012006 $0.00 No longer using this software 72 Tax Collector 22950A Laserlbhe United Electronic Document 91908005 50.00 No longer ustrg this software 73 TeX Collector 23834 LF Plus Plug -In Laserfiaeho Backup Software 98912008 $0,00 No longer using this software 74 Tax Collector 24700 Time Clock Software 0/30/2007 $0.00 No longer using this software 75 Tax Collector 25044 GLP ARC Serve Software 5/17/2000 50.00 No longer using this software 76 Tax Collector 25045 Orods Software 5/128008 $0.00 No longer using this Software 77 Traft EmIm"dng 20777 SR00 6 10th Ave Traffic Signal (Eeebboaad) 9/3012002 510,333.44 Slpnat was damaged beyond repair due to accident 78 Tmdne Operations 22586 5 Tan AIC ung 7158006 $0.00 Replaced with nowaWl 79 Traftb OperMlons 23161 3000 Won Generator 31812005 50.00 Stolen durhg Murdame Matthew, claim filed 811 Utllltbs 28690 Seem Flourids Cavity Pump 0178016 53,970,55 These pumps were returned to vendor - did not work Vendor gave w the money back W tAin les 28691 Seepex Fhourlde Cavity Pump 617/7.018 $3,970.55 These pumps were returned to vendor - did not work. Vendor gave w the money book 82 Ulilitles 28071 WACKER T Mulhog PDT -2A Dimphrnm Pump 4/7/2011 50.00 Cannot locate 93t,'" 27640 CHBE 2` Mudhog Pump Wn4onda GX120 Engine 2/11/2014 $614.42 Cannot locale- Stolen pollee repot filed S4.;, as 147760 Blue Cypress Lake Waste Wator Improvement 9/2/1993 $24,235.03 Biro Cyprm Plant was dem ilishad and a new package plant was built 00 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271b Street Vero Beach, FL 32960 TO: Board of County Commissioners FROM: Diane Bernardo, Soon to be Retired Finance Director THROUGH: Jeffrey R. Smith, Clerk of Court & Comptroller DATE: September 5, 2017 SUBJECT: Nationwide Supplemental Agreements i. v��& co rAP T -;o< , 0 \ FR Cou At the August 15, 2017 Board meeting, the County Commissioners approved the Nationwide Administrative Services Agreement for the bookkeeping services of our deferred compensation plan. The following two agreements are supplemental documents to the Administrative Services Agreement. Both documents will be signed by the plan administrator, Suzanne Boyll, Human Resources Director and are superseding the existing plan loan procedures and 457 trust document. RECOMMENDATION Staff recommends the Board approve the two attached Nationwide supplemental agreements and any other agreements necessary to effectuate the deferred compensation plan. Attachments: 457(b) Plan Loan Document 457 Trust Agreement P4 9 0 Nationwide® Nationwide Retirement Solutions Governmental 457(b) Plan Loan Procedures Page 1 of 6 Plan Name: INDIAN RIVER COUNTY BOCC DEFERRED COMPENSATION PLAN Nationwide Retirement Solutions, Inc. ("NRS") agrees as the Administrative Service Provider to administer loans in accordance with the terms of these Plan Loan Procedures and the attached "Plan Election Worksheet" (see Addendum A) as approved by the Plan Sponsor of the Plan. The Plan Sponsor directs the Plan Administrator of the Plan to administer loans in accordance with this document. The Plan Sponsor or the Plan Administrator may amend these Plan Loan Procedures within any constraints placed by NRS. Any such amendments shall bind the Plan Sponsor and the Plan Administrator. The Plan Sponsor is encouraged to consult with legal advisors in determining whether the procedures identified herein are appropriate for the Plan. The Plan Sponsor and Plan Administrator (collectively the "Client") acknowledge that NRS may need to make changes from time -to -time to the administrative procedures set forth herein and may request amendments to the Plan documents to maintain the Plan's Loan Program. In such a case, NRS will provide the Client with timely notice of such changes as they become necessary. The following Plan Loan Procedures shall govern Participant loans offered in the Plan Sponsor's 457(b) Plan ("Plan"): 1. Loan Administration - Client delegates to NRS certain administrative duties regarding the administration of loans from the Plan, which are set forth herein and which may be modified by NRS upon timely notice to and acceptance by the Plan Sponsor. 2. Loan Eligibility - Any Plan Participant, who falls into one of the employee statuses that the Client has elected, is eligible for a loan from the Plan. Each Participant is entitled to one outstanding loan from the Plan at any time. In addition, a Participant who has defaulted on a previous loan shall not be eligible for another loan from the Plan until all defaulted loans are repaid in full, including accrued interest. 3. Loan Initiation and Loan Application - In order to receive a loan from the Plan, an eligible Participant must complete all required documents provided in the Loan Application and return them to NRS. Before a loan is issued, the Participant must enter into a legally enforceable Loan Agreement as provided by NRS in the Loan Application, on behalf of the Plan. A loan initiation fee will be deducted from the Participant's account(s) after the loan has been funded by the Participant's account(s). 4. Loan Security - By accepting a loan, the Participant is giving the Plan a security interest in his or her vested Plan balance equal to the total loan amount, but not to exceed 50% of the Participant's vested Plan balance. S. Loan Money Source - A loan shall be modeled taking into account the Participant's entire Plan account balance. Loans shall be funded only from a Participant's available Plan account pre-tax money sources. To the extent that a Participant has a self-directed brokerage account, no funding from such self-directed brokerage account shall be permitted. 6. Minimum and Maximum Loan Term - The minimum and maximum loan term over which a loan may be repaid is the term elected by the Client. Except as otherwise provided herein, the maximum loan term shall not exceed 5 years. 7. Minimum/Maximum Loan Amount - The minimum loan amount permitted shall be the amount elected by the Client. The maximum amount of any loan permitted under the Plan shall comply with Section 72(p) of the Internal Revenue Code and (when added to the outstanding balance of all other loans from all plans sponsored by the same employer) is the lesser of (i) $50,000, reduced by the excess (if any) of (A) the highest outstanding balance of loans from all plans sponsored by the same employer, during the one-year period ending on the day before the date on which the loan was made over (B) the outstanding balance of loans from all plans sponsored by the same employer, on the date on which the loan is made, or (ii) one half of the present value of the Participant's vested account balance. P5 0 NRN-0854AO.3 (07/2015) Nationwide Retirement Solutions Governmental 457(b) Plan Loan Procedures Page 2 of 6 Plan Name: INDIAN RIVER COUNTY BOCC DEFERRED COMPENSATION PLAN 8. Loan Amortization - Each loan shall be amortized with interest accruing immediately, with repayments beginning approximately 30 days from the date the loan is processed, in substantially equal repayments consisting of principal and interest during the term of the loan. Repayments of principal and interest shall be made in a manner and pursuant to the terms set forth in the Loan Agreement. The amount of the final payment may be higher or lower depending upon the Participant's repayment history. 9. Loan Repayment - Repayment of any loan made to a Participant shall be made in a manner and pursuant to the terms set forth in the Loan Agreement. Loans must be repaid according to the repayment method elected by the Client. The Participant receiving a loan shall be required to furnish the information and authorization necessary to effectuate the foregoing repayments prior to the commencement of a loan. In the event that a Participant elects to receive a distribution from the Plan that is less than 100% of his outstanding account balance at a time when such person has a loan outstanding, the Participant shall continue to make repayments on the loan. 10. Loan Prepayment - The entire amount of a loan, including outstanding principal and any accrued interest, may be paid without penalty prior to the end of the term of the loan in the manner prescribed by NRS. 11. Loan Overpayment - In the event that NRS receives a loan overpayment, any amount over the repayment amount due will be applied or refunded according to the administrative policies of NRS. 12. Cure Period - If a Participant fails to make a loan repayment when due, the missed repayment must be made within the cure period elected by the Client. 13. Default - If any repayment is not received by NRS by the end of the cure period, the entire amount of the loan will be defaulted and treated as a deemed distribution, effective as of the end of the cure period elected by the Client. A deemed distribution is treated as a distribution from the Plan for federal (and possibly state or local) income tax purposes; therefore amounts treated as a deemed distribution will be subject to federal, state and/or local income taxes, and certain excise taxes and penalties may apply. NRS will issue a Form 1099-R to the Participant reflecting the deemed distribution. Any payment made on a defaulted loan will be applied to the outstanding balance of the loan including accrued interest. Such repayment(s), following the date of default, will be treated as after tax amounts and the Participant will receive tax basis in his or her Plan account for such amounts. The entire loan, including any accrued interest, will also be due and payable immediately in the event of the death of the Participant. The outstanding balance of the loan will be treated as a deemed distribution following the date of notification of such death provided such notification is in good order as determined by NRS. 14. Loans Offered from Other Administrative Service Providers - In the event the employer offers the Plan through multiple service providers, the Client and/or Participant and not NRS shall at all times remain responsible for ensuring that any loan received under the Plan is in accordance with the limits in Section 7. NRS shall apply the maximum loan amount limit and any other limits imposed under the Internal Revenue Code without regard to any other loans received by the Participant from any other administrative service provider(s) under this Plan or any other plan maintained by the Plan Sponsor. NRN-0854AO.3 (07/2015) Nationwide Retirement Solutions Governmental 457(b) Plan Loan Procedures Page 3 of 6 Plan Name: INDIAN RIVER COUNTY BOCC DEFERRED COMPENSATION PLAN 15. Suspension of Loan Repayments. a. Military Leave of Absence - A Participant's obligation to repay any loan under the Plan may be suspended as may be required by law, during the period in which the Participant is performing service in the United States military. The Participant must resume repayment of the loan upon his or her completion of military service and the outstanding loan balance, including any accrued interest and fees, must be repaid and may be re -amortized over a period that does not exceed the latest permissible term for a loan under the regulations plus the period of the military service. While the Participant is on active duty in the United States military, the interest rate on the loan shall not exceed 6%, compounded annually unless the Participant elects in writing during or after his or her military leave of absence to have the loan's higher existing interest rate, if applicable, apply to the loan. The Plan Sponsor assumes responsibility to notify NRS when a Participant begins and returns from a military leave of absence. b. Non -Military Leave of Absence - In addition, a Participant's obligation to repay any loan under the Plan may be suspended during the period (not to exceed one year) while the Participant is on an approved non-military leave of absence and the Participant provides requested documentation regarding the non-military leave of absence from his or her employer. The Participant must resume repayment of the loan upon the earlier of his or her return from non-military leave of absence, or one year of suspension. At such point the outstanding loan balance, including any accrued interest and fees, must be repaid or may be re -amortized over a period that does not exceed the latest permissible term for a loan under the regulations. The Plan Sponsor assumes responsibility to notify NRS when a Participant begins and returns from a non military leave of absence. 16. Loan Interest Rate - The interest rates for a loan shall be commensurate with interest rates being charged by entities in the business of lending money under similar circumstances. The loan interest rate will be the Prime Rate plus an additional amount expressed as a percentage elected by the Client, plus any other administrative and/or asset fees, as applicable. The Prime Rate shall be the prime rate published by the Wall Street Journal two weeks prior to the end of the most current calendar -year quarter and the new rate will be effective on the first day of the new calendar quarter. The loan interest rate may be adjusted for Participants performing service in the United States military as may be required by law (See Provision 15a.) 17. Fees - Fees described in these loan procedures will appear as administrative charges on Participant statements. These fees are subject to change by NRS upon reasonable notice to the Plan Sponsor. a. Loan Initiation Fee - A loan initiation fee of $125 will be deducted from the Participant's account at the time the loan is funded. b. Annual Loan Maintenance Fee - An annual loan maintenance fee of $0 will be deducted from the Participant's account on the anniversary date of the original loan initiation, until the loan is repaid in full or the loan has defaulted. In the event that the loan defaults, the annual loan maintenance fee will no longer be assessed and the annual loan default fee described below (See Provision 17f) will be applied. c. Asset Fees - The amount of the outstanding loan balance will be subject to the maximum asset fee, administrative charge or such other fees NRS is entitled to receive under its separate agreement with the Plan Sponsor. d. Insufficient Funds Fee - If NRS is unable to process an ACH debit repayment or personal check on the date due, through no fault of NRS, a fee of $25 will be deducted from the Participant's account. e. Loan Default Fee - At the time a loan is treated as a deemed distribution, a $50 fee will be deducted from the Participant's account. f. Annual Loan Default Fee - An annual loan default fee of $50 will be will be deducted from the Participant's account on the anniversary date of the original loan default until the loan is repaid in full or offset. P5 2 NRN-0854AO.3 (07/2015) Nationwide Retirement Solutions Governmental 457(b) Plan Loan Procedures Page 4 of 6 Plan Name: INDIAN RIVER COUNTY BOCC DEFERRED COMPENSATION PLAN 18. Loans for the Purchase of a Principal Residence - All loans issued by the Plan will be general purpose loans to be repaid in no more than five years unless the Client elects to offer loans for the purchase of the Participant's principal residence. If the Client elects to allow loans for the purchase of a principal residence, all of the provisions of this document will apply unless otherwise specified. 19. Loan Correction - In the event a loan correction becomes necessary, at the Plan Sponsor's direction, NRS may undertake methods prescribed by the IRS or through any IRS correction program. 20. Adoption of Plan Loan Procedures - The undersigned Plan Sponsor or Plan Administrator, as applicable, hereby adopt these Plan Loan Procedures effective for loans issued on or after the Effective Date set forth below, and instructs NRS to administer loans made to Plan Participants in accordance with these terms and the Client elections made on the attached "Plan Election Worksheet" (See Addendum A). Prior to implementing a loan program, the Plan Sponsor acknowledges or acknowledged the following: (i) that the Plan Sponsor has decided to offer loans under the Plan and the Plan Administrator is instructing NRS to administer loans under the Plan; (ii) that the Plan Sponsor understands that, as a result of offering loans under the Plan, the Plan Participants could be subject to adverse tax consequences upon default of the loan; (iii) that the Plan Sponsor has independently weighed these risks, and despite the risks has determined that offering loans under the Plan is in the best interest of Plan Participants; (iv) that any previous loan procedures or loan reference documents other than the Plan Document itself, are hereby superseded by these Plan Loan Procedures; and (v) NRS shall not be liable for any adverse tax consequences described in (ii), except as specifically stated under paragraph 14 herein, resulting from the Plan Sponsor's decision to offer loans under the Plan. Plan Sponsor Name ("Sponsor"): INDIAN RIVER COUNTY Street Address: 1800 27TH STREET City, State, Zip Code: VERO BEACH FL 32960 Signer's Email Address: SBOYLL@IRCGOV.COM Plan Name ("Plan"): INDIAN RIVER COUNTY BOCC DEFERRED COMPENSATION PLAN Plan Number: 0036758001 Plan Sponsor or Plan Administrator Signature: Title: HUMAN RESOURCES DIRECTOR Date of Adoption*: 09/17/2017 * Unless otherwise indicated below, the Date of Adoption shall be the Effective Date. Effective Date: 09/17/2017 An executed copy of these Procedures (including the attached Addendum A - Plan Election Worksheet) should be returned to Nationwide Retirement Solutions. NRN-0854AO.3 (07/20155) Nationwide Retirement Solutions 0 Nationwide® Governmental 457(b) Plan Loan Procedures Page 5 of 6 Addendum A - Plan Election Worksheet The following provisions identify Plan elections which are incorporated and made a part of the attached "Plan Loan Procedures." In the event that an election is not made within any section, Nationwide Retirement Solutions ("NRS") will administer the loan program according to current NRS policies as listed under each provision below. The current NRS policies may be changed by NRS at any time. Unless otherwise specified, only one election is allowed per provision. The elections contained herein apply solely to the Plan. Any provisions, including limitations, do not extend to any other plans offered by the Sponsor. 1. Loan Eligibility: Plan elects to allow the following Participants the ability to initiate a loan under the Plan. The Plan Sponsor is solely responsible for informing NRS of any future changes in the Participant's employment status (check all that apply). ❑✓ Employed ❑✓ Approved Non-military Leave of Absence (only available for ACH) ❑✓ Military Leave of Absence (only available for ACH) R1 Disabled (only available for ACH) R1 Retired (only available for ACH) ❑✓ Terminated (only available for ACH) Current NRS Policy: All listed Participant employment statuses are eligible to initiate a loan if ACH is the elected repayment method (See Provision 4). If the repayment method elected is Payroll Deduction (See Provision 4), the only eligible Participant employment status is Employed. 2. General Purpose Loan Terms: 2(a). Minimum Loan Term Plan elects the following minimum loan term: ❑✓ One year ❑Other - Specify minimum loan term: (not to be less than six months) Current NRS Policy: The minimum loan term is one year. 2(b). Maximum Loan Term Plan elects the following maximum loan term: ❑✓ Five years ❑Other - Specify maximum loan term: (not to exceed a term of five years) Current NRS Policy: The maximum loan term is five years. 3. Minimum Loan Amount: Plan elects to have a minimum loan amount of: ❑✓ $1,000 ❑Other - Specify minimum loan amount: $ (not to be less than $500) Current NRS Policy: The minimum loan amount is $1,000. 4. Repayment Method: Plan elects to provide Participants with one of the following loan repayment methods: ❑✓ Monthly Automated Clearing House ("ACH') F1 Payroll Deduction (Plan Sponsor will be required to provide a payroll calendar. (This repayment method is limited to Employed status - see Provision 1) Current NRS Policy: Monthly ACH is the repayment method. P5 4 NRN-0854AO.3 (07/20155) Nationwide Retirement Solutions Governmental 457(b) Plan Loan Procedures Page 6 of 6 Addendum A - Plan Election Worksheet 5. Cure Period: If a Participant misses a scheduled loan repayment, the missed repayment must be received by the end of the specified cure period. Plan elects to apply a cure period with the following length: Z31 Days ❑60 Days ❑90 Days ❑The quarter following the quarter in which the scheduled repayment was missed Current NRS Policy: The cure period is 31 days when ACH is the elected repayment method (See Provision 4). The cure period is 60 days when the repayment method elected is Payroll Deduction (See Provision 4). 6. Loan Interest Rate: Plan elects the following interest rate for Participant loans: ❑✓ Prime Rate plus 1% plus applicable fees ❑Prime Rate plus 2% plus applicable fees ❑ Prime Rate plus % (not to be lower than 0%) plus applicable fees Current NRS Policy: Prime Rate plus 2% plus applicable fees. 7. Loans for the Purchase of a Principal Residence: 7(a). Plan elects to permit loans for the purchase of the Participant's principal residence: ❑ Yes ❑✓ No In the event Plan elects to allow Principal Residence loans, only one Principal Residence loan outstanding at a time is permitted. The Principal Residence loan is included in the maximum number of outstanding loans (See Provision 2 of the Plan Loan Procedures). Additionally, the Participant will be required to sign a Principal Residence Certificate and provide NRS with sufficient additional documents to support the purchase of a principal residence. Internet initiation is not available for Principal Residence loans. Current NRS Policy: Principal Residence loans are not allowed. 7(b). Minimum Loan Term: Plan elects to have a minimum loan term for Principal Residence loans of: ❑Five years ❑Other - Specify minimum loan term: (not to be less than one year) Current NRS Policy: Principal Residence loans have a minimum term of five years. 7(c). Maximum Loan Term: Plan elects to have a maximum loan term for Principal Residence loans of: ❑ 15 Years ❑Other - Specify maximum loan term: (not to exceed a term of 30 years) Current NRS Policy: Principal Residence loans have a maximum term of 15 years. 8. Internet utilization: Plan elects to allow Participants to use the internet for: ❑Only the modeling of loans ❑✓ Both modeling and initiation of loans El Plan declines the use of the internet for either the modeling or initiation of loans Current NRS Policy: Participants can use the internet for modeling and initiation of loans. Loan initiation on the internet is limited to General Purpose loans. Principal Residence loans will not be initiated electronically. Additional limitations exist for particular repayment methods and employment statuses. P5 5 NRN-0854AO.3 (07/20155) Nationwide Trust Company, FSB 457 Trust Agreement (The "Agreement") This Agreement including the Schedule of Investments attached is made and entered into by and between Indian River County ("Sponsor") and Nationwide Trust Company, FSB a division of Nationwide Bank as Trustee ("NTC') pursuant to the Indian River County BOCC Deferred Compensation Plan ("Plan") to establish the Indian River County BOCC Deferred Compensation Plan Trust ("Account"). By signing below, signatories on behalf of the Sponsor and the Plan acknowledge that they have received the Agreement, inclusive of all Schedules listed above, and agree to all terms. Further, they represent that they have the authority to enter into, on behalf of the Sponsor and the Plan, a contractual relationship with NTC with respect to these documents and will be subject to all rights and obligations contained therein. By signing below, NTC has agreed to and accepted all rights and obligations contained herein. -=NDiRN Rev -ER MuuTV Printed Sponsor Name I NTC Sponsor Signature Date NUMAX RESDOP cfS ARECroR Title SuzAN14E- boys -L Printed Name Signature Date Title Printed Name Signature Date Title NRS (07/2007) Acceptance Date - 1 of 9- P5 6 ARTICLE I—PURPOSE The Sponsor adopts this Agreement on behalf of the Plan and represents and warrants that the Plan is intended to meet the requirements of an eligible deferred compensation plan under Section 457 of the Internal Revenue Code of 1986, as amended ("Code") and intends to keep such Plan in compliance with the then applicable requirements of the Code. Further, the Sponsor represents and warrants that the Employer of all individuals eligible to participate in the Plan is a state, political subdivision of a state, or an agency or instrumentality of either. ARTICLE II—DEFINITIONS Account — The trust account established herein by which NTC will hold the assets of the Plan or any portion thereof as agreed upon by Sponsor and 'NTC. Business Day—A day on which NTC and New York Stock Exchange are both open for business. Effective Date — The date on which the Account is created by NTC's acceptance of cash or other assets on behalf of the Sponsor. Prior to the Effective Date, NTC shall have no responsibility hereunder. Employer(s) —The employer(s) of the Participants in the Plan. Funding Vehicle(s) — As permitted by applicable law, may include one or more (i) group annuity contracts, (ii) mutual funds, collective investment funds or other securities made available under the Agreement, (iii) securities held in self-directed brokerage accounts made available by NTC, or (iv) any other investment vehicle(s) mutually acceptable to NTC and Sponsor via an amendment to this Agreement or separate schedule. Original Signature —An authentic, hardcopy, non -reproduced signature of the Sponsor or its designee. Participant — A person for whom benefits are provided under this Agreement, in accordance with the Plan. Plan — The Plan identified on the front page of this Agreement, including any written plan document and trust provisions. Required Format — Acceptable format for submitting information to NTC as prescribed by NTC and on transaction forms prescribed by NTC. Signature — Either the Original Signature or an Original Signature that has been replicated by photocopy, electronic means, or fax. Successor— The trustee or custodian appointed by the Sponsor who succeeds NTC. Written Instruction(s) — Any notices, instructions or other instruments required to be in writing (with Signature or Original Signature, where so indicated) from NTC, Sponsor, or its designee. Written Instructions may take the form of a letter, electronic communication through an on-line communication system mutually agreeable to the parties; or a facsimile transmission. NRS (0712007) -2of9- P5 7 ARTICLE III—THE ACCOUNT The Sponsor advises NTC that the Account shall be funded as described herein. The Sponsor hereby authorizes NTC to take any action required to establish and maintain any Funding Vehicle(s) designated by the Sponsor under this Agreement. NTC has entered into arrangements with a number of providers to make available certain Funding Vehicles for possible inclusion in the Account. The assets of the Account shall consist of the Funding Vehicle(s) and any outstanding loans made under the terms of the Plan. The Account and any funds invested pursuant to this Agreement are not insured by the Federal Deposit Insurance Corporation ("FDIC"), are not deposits or other obligations of NTC and are not guaranteed by NTC. The value of the Account is subject to investment risks, including possible loss of principal. NTC agrees to hold and administer the Account in accordance with this Agreement. The Account shall not include any Plan Assets for which Sponsor has selected as the designated investment manager for Participant accounts an investment manager other than Nationwide Investment Advisors, LLC. To the extent permitted by the Plan, NTC, at the direction of the Sponsor or its designee, shall accept .an eligible rollover distribution and/or eligible direct rollover under the then applicable sections of the Code. NTC shall not be under any duty to require payment of any contributions to the Account, if any, or to see that any payment made to it is computed in accordance with the provisions of the Plan. NTC shall continue to administer the Account in accordance with this Agreement until its obligations are discharged and satisfied. In the event that Sponsor and NTC mutually agree to include life insurance as a Funding Vehicle for inclusion in the Account, Sponsor agrees that NTC shall not be responsible in any manner to Sponsor, the Plan, a Participant or his or her beneficiary, or to any third -party, including any issuer of life insurance, for any determination as to prudence of inclusion of life insurance as a Funding Vehicle in the Account or as an investment option under the Plan; any determination on a Participant basis that the purchase of life insurance is incidental to the primary purpose of providing retirement benefits; the tax treatment of premium payments or disbursements of benefits; any and all administrative, marketing, and sales duties or responsibilities related in any manner to the initial purchase, or continuing maintenance , of any life insurance; and any other action or omission related to life insurance. The Sponsor authorizes NTC to commingle Plan assets, as applicable, in a master custodial account for purposes of facilitating the omnibus trading of various plan assets. ARTICLE IV—GENERAL ADMINISTRATIVE RESPONSIBILITIES OF NTC NTC is authorized to take any action set forth below with respect to the Account: Accept instructions in the Required Format from the Sponsor or its designee regarding the allocation, distribution or other disposition of the assets of the Account and all matters relating thereto; Cause any portion or all of the Account to be issued, held, or registered in the individual name of NTC, in the name of its nominee, in an affiliated securities depository, or in such other form as may be required or permitted under applicable law (however, the records of NTC shall indicate the true ownership of such property); Employ such agents and counsel, including legal counsel, as NTC determines to be reasonably necessary to manage and protect the assets held in the Account, to handle controversies that may arise under this Agreement, or to defend itself successfully against allegations of a fiduciary breach, and to pay such agents and counsel their compensation from the Account unless such compensation is otherwise paid by the Sponsor; NRS (07/2007) -3 of 9- P58 Commence, maintain, or defend any litigation necessary in connection with the administration of the Account, except that NTC shall not be obligated to do so unless it is to be indemnified to its satisfaction against all expenses and liabilities sustained or anticipated by reason thereof; Hold part or all of the Account uninvested as may be necessary or appropriate; Withhold the appropriate taxes from any distribution, remit such taxes with the relevant government authorities, and report such .payments on the informational returns prescribed by such authorities, identifying itself as the payor of such distributions; Forward to the Sponsor, for exercise, all proxies solicited in regards to mutual funds and collective investment funds, if applicable; vote, on behalf of the Plan and in accordance with the instructions provided by the Sponsor, all proxies that are returned by the Sponsor', and abstain from voting proxies that are not returned by the Sponsor; Take all other acts necessary for the proper administration of the Account. ARTICLE V —INVESTMENT RESPONSIBILITY NTC shall have no investment management responsibility or liability with respect to the Account or any other assets held under the Plan. Plan contributions or other assets received by NTC shall be allocated in accordance with Written Instructions. NTC does not warrant or guarantee the performance of any Funding Vehicle(s) selected by the Sponsor or Participants. The Sponsor, or other party designated under the Plan, shall have full responsibility for the selection of the Funding Vehicle(s) and the management, disposition, and investment of assets of the Account. NTC shall comply with Written Instructions concerning those assets, subject to restrictions, if any, imposed by the Funding Vehicle(s) and the operation of any securities markets. Except to the extent required by applicable law or otherwise provided in this Agreement, NTC shall have no duty to review, initiate action, or make recommendations regarding the Account or its investments. The Sponsor is responsible for reading any and all prospectuses, specimen and final contracts, proposals and/or other materials which disclose information pertaining to applicable charges, interest rates, terms and conditions of any contract between the Plan or Account and any party, including contracts related to the Funding Vehicle(s). NTC shall transmit such communications to the Sponsor. NTC shall have no duty to respond to communications related to securities or other property held in. the Account (including, but not limited to, tender offers and class action communications). NTC shall not be liable for any loss which results from the exercise of investment control by a Sponsor, Participant or beneficiary, or designated investment manager. If a Participant who has investment authority under the terms of the Plan fails to provide investment direction, the Sponsor shall direct the investment of the Participant's account. No one providing investment advice to the Plan, Sponsor, Participant or other party is acting as an agent of NTC. ARTICLE VI — LOANS To the extent permitted under the Plan and applicable law, NTC will forward loan disbursements as directed by the Sponsor or its designee via Written Instructions. The Sponsor, or other fiduciary of the Plan or their designee, shall be responsible for the approval and administration of any such loans. The Sponsor acknowledges that all loan obligations should be made payable to the Plan and the Plan retains all lending responsibility. NTC will have no responsibility for executing and holding any notes or security agreements which are held as part of the Account, providing any disclosures required by any truth -in - lending laws, or enforcing any security interest in any asset other than the Participant's account under the Account. NRS (07/2007) -4 of 9- P59 ARTICLE VII — CONTRIBUTIONS NOT RECOVERABLE Except as described in the Purpose section of this Agreement and to the extent permitted by the Plan and applicable law, under no circumstances shall any part of the Account be recoverable by the Sponsor or be used other than for the exclusive purposes of providing benefits to Participants and their beneficiaries and paying reasonable expenses of the Plan prior to the satisfaction of all liabilities to Participants and their beneficiaries; provided, however, a contribution by a Sponsor or a Participant made as a result of a mistake of fact that is discovered within one (1) year after the contribution is made shall be returned to the Sponsor or Participant as soon as administratively feasible, if the Sponsor so requests and the Funding Vehicle(s) permits. ARTICLE VIII -ACCOUNT RECORDS AND REPORTS NTC shall maintain accurate records and detailed accounts of all investments, receipts, disbursements, earnings, and other transactions related to the Account, and those records shall be available at all reasonable times to the Sponsor. ARTICLE IX— FIDUCIARY RESPONSIBILITIES AND LIABILITIES NTC may rely upon any information provided by the Sponsor or its designee. NTC, the Sponsor, and all other fiduciaries under the Plan and this Agreement intend that each party shall be solely responsible for those specific duties and powers assigned to it. Each party may rely upon any direction, information, or action of another party as being proper under the Plan and this Agreement. NTC shall not be required by the Sponsor or its designee to engage in any action, or .make any investment which constitutes a prohibited transaction or is otherwise contrary to the provisions of applicable law, the Code, or the terms of the Plan, if any, or this Agreement. NTC shall be responsible only for those functions which have been assigned to it under this Agreement and shall have no responsibility to perform any duty of the Sponsor, or other fiduciary, required by the Plan or applicable law. NTC shall have no duty to determine the rights or benefits of any person having or claiming an interest under the Plan or this Agreement. Except as otherwise provided in the Agreement, including any schedules thereto, any action to be taken by NTC under the Agreement shall be taken upon Written Instruction from the Sponsor or its designee. NTC shall comply with such instructions and shall incur no liability for any loss which may result from any action or failure of action on its part due to its compliance with such Written Instructions. ARTICLE X — LIMITATION OF LIABILITY To the extent permitted by applicable law, NTC shall not be liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; sabotage; epidemics; riots; interruptions, loss or malfunction of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or government actions. ARTICLE XI — RELIANCE ON COUNSEL AND INDEMNIFICATION NTC may consult with, and act upon the advice of counsel (who may be counsel for the Sponsor), regarding its responsibilities under this Agreement. To the extent permitted under applicable law, the Sponsor shall indemnify and hold harmless NTC, its officers, employees, and agents from and against all liabilities, losses, expenses, and claims (including reasonable attorneys' fees and costs of defense) arising as a result of: NRS (0712007) -5 of 9- P60 Acts or omissions to act with respect to the Plan or Account by persons unrelated to NTC; NTC's action or inaction with respect to the Plan or Account resulting from reliance on the action or inaction of unrelated persons; Any violation by any unrelated person of the provisions of the Code or applicable laws, unless NTC commits a breach of its duties by reason of its gross negligence or willful misconduct; Any decision by the Sponsor, any Participant or any other fiduciary to acquire, retain, or dispose of any security or other property of the Account; Any violation or breach by a fiduciary or other person associated with the Plan which occurred prior to the Effective Date; or NTC's acts, omissions and conduct, and those of its agents, in their official capacity, except to the extent that such documented loss or expense results from negligence directly and solely attributable to NTC or its agents, or from an intentional violation by them of any provision of this Agreement. Such obligation to indemnify shall extend to any liability or expense that arises as a result of the inaccuracy of any representation made, any action taken or failure to act, or any violation of this Agreement, the terms of the Plan by the Sponsor., its designee, any fiduciary of the Plan, and their agents, employees and officers under this Agreement or otherwise related to the administration of the Account. NTC shall not be required to give any bond or other security for the faithful performance of its duties under this Agreement except to the extent required by applicable law. ARTICLE XII — NTC'S.USE OF AFFILIATED COMPANIES NTC may enter into agreements and share information with its affiliates in performing responsibilities under this Agreement and any other applicable agreement. Investments made in accordance with the Agreement, may include mutual funds or other investments advised by affiliates of NTC. The investment advisers of such investments may be affiliates of NTC and may derive investment management and other fees for services provided. ARTICLE XIII— NTC'S COMPENSATION AND EXPENSES NTC will receive additional reasonable compensation for any extraordinary services or computations required as agreed upon by the Sponsor and NTC in advance. Nationwide shall be entitled to receive, as compensation for services provided hereunder, any credit, interest or other earnings on aggregate cash balances held on deposit with respect to funds awaiting investment or reinvestment or with respect to funds pending distribution to offset expenses of associated activities. NTC may withdraw amounts from the Account for its compensation, and for any expenses as described herein from the Account for its compensation. ARTICLE XIV — TAXES Until advised to the contrary by the Sponsor, NTC shall assume that the Account is exempt from federal, state, local and foreign income taxes. NTC shall not be responsible for filing any federal, state, local or foreign tax and informational returns relating to the Plan or Account.. NTC shall notify the Sponsor of any taxes levied upon or assessed against the Account. If NTC does not receive Written Instructions within thirty (30) days of such notification, NTC will pay the tax from the Account. If the Sponsor wishes to contest the tax assessment, it must give appropriate Written Instructions to NTC within thirty (30) days of notification. NTC shall not be required to bring any legal actions or proceedings to contest the validity of any tax assessments unless NTC is to be indemnified to NRS (07/2007) -6 of 9- P61 its satisfaction against loss or expense related to such actions or proceedings, including reasonable attorneys' fees. ARTICLE XV — AMENDMENT Notwithstanding any other provision of the Agreement, NTC may amend the Agreement at any time by providing written notice to the Sponsor not less than thirty (30) days prior to the effective date of such change, or at any time in the event NTC determines that such amendment is necessary to comply with any applicable legal or regulatory requirements. No person except for an authorized officer has the legal capacity to change this Agreement otherwise, or to bind NTC to other commitments not covered within this Agreement. ARTICLE XVI — RESIGNATION REMOVAL AND TERMINATION NTC may resign at any time after providing at least thirty (30) days notice via Written Instructions to the Sponsor. The Sponsor may remove NTC by delivery of Written Instructions, to take effect at a date specified therein, which shall not be less than thirty (30) days after the delivery of such Written Instructions with Original Signature to NTC, unless Funding Vehicle provisions specify otherwise. Notwithstanding the foregoing, NTC may retain responsibilities per the terms of this Agreement over assets remaining at NTC beyond the thirty (30) day timeframe, concurrent with Funding Vehicle provisions. The Agreement will be terminated at such time as the Account is terminated, the Funding Vehicle(s) are redeemed in full, upon the resignation or removal of NTC as trustee, as applicable, of the Account, or upon the termination by Sponsor of any separate agreement with NTC or Nationwide Retirement Solutions, Inc. that relates to the services provided by NTC under this Agreement. The discontinuance of contributions to the Account shall not, by itself, terminate the Account. NTC is authorized to reserve such sum of money as it may deem advisable for payment of its fees and expenses in connection with the settlement of the Account, and any balance of such reserve remaining after the payment of such fees and expenses shall be paid to the Successor by NTC. ARTICLE XVII — SUCCESSOR Upon resignation or removal of NTC, the Sponsor shall appoint a Successor and the Sponsor shall notify NTC of such appointment by Written Instructions with Signature. NTC shall transfer the assets of the Account, subject to any applicable fees as described in the Agreement to such Successor. If either party has given notice of termination and upon the expiration of the advance notice period no party has accepted an appointment as Successor, NTC will have the right to commence an action in the nature of an interpleader (or other appropriate action) and seek to deposit the assets of the Account in a court of competent jurisdiction in Franklin County, Ohio, for administration until a Successor may be appointed and accepts the transfer of the assets. The Sponsor will be responsible for any costs incurred as a result of such action and/or transfer, as well as any expenses of NTC which are incurred in carrying out its duties under this Agreement in such a situation. ARTICLE XVIII—GOVERNING LAW The Account will be administered in the State of Ohio, and' its validity, construction, and all rights hereunder shall be governed by the Code, Home Owners' Loan Act of 1933 and, to the extent not pre- empted, by the laws of Florida. Except as otherwise stated in this Agreement, the venue for any dispute arising from or concerning this Agreement shall be in the state courts located in Indian River County, Florida or, if in federal court, the United States District Court for the Southern District of Florida. All contributions to the Account shall be deemed to occur in Ohio. NRS (07/2007) -7 of 9- P6 2 ARTICLE XIX— IDENTITY VERIFICATION NOTICE To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies certain persons or entities that open an account. When an account is opened, NTC may ask for the name, address and other information that will allow NTC to identify the entity or person that sponsors the Plan. NTC may also ask for a copy of identifying documents, such as a driver's license, government -issued business license, or other documents. ARTICLE XX — RULES OF CONSTRUCTION The Agreement, together with all attached schedules and any applicable investment contracts shall constitute the entire Agreement. The Plan and this Agreement shall be read and construed together. By signing this Agreement, the Sponsor represents to NTC that the Plan conforms to and is consistent with the provisions of this Agreement. Should the Plan need to be amended to conform to the provisions of this Agreement, the Sponsor is responsible for such amendments. The terms of this Agreement shall prevail over terms of the Plan in cases of conflict. ARTICLE XXI — WAIVER Failure of either party to insist upon strict compliance with any of the conditions of the Agreement shall not be construed as a waiver of any of such conditions, but the same shall remain in full force and effect. No waiver of any provision of the Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. ARTICLE XXII — REFERENCES Unless the context clearly indicates to the contrary, a reference to a statute, regulation, document, or provision shall be construed as referring to any subsequently enacted, adopted, or re -designated statute or regulation or executed counterpart. ARTICLE XXIII — SEVERABILITY If any provision of the Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be effective. ARTICLE XXIV —MUTUAL FUND DISCLOSURE The Sponsor acknowledges that Nationwide and its affiliates receive payments in connection with the sale and servicing of investments allocated to participant Plan accounts ("Investment Option Payments"). The Investment Option Payments include mutual fund service fee payments, which are described in detail at www.nrsforu.com, and other payments received from investment option providers. NRS (07/2007) -8 of 9- P63 Schedule of Investments ("Investment Authorization") WHEREAS, NTC and the Sponsor have entered into an Agreement in which the assets of the Plan are to be held, invested and distributed; and WHEREAS, the authority to select the Funding Vehicles under the Plan resides with the Sponsor; and WHEREAS, NTC and Sponsor agree that NTC may act upon Written Instructions from the Sponsor; NOW THEREFORE, the Sponsor authorizes NTC to establish an account for each Funding Vehicle set forth below 1. On the Effective Date, the Funding Vehicles in the Plan shall be: American Beacon Small Cap Value R6 American Funds Europacific Growth R6 ClearBridge large Cap Growth Fund Class IS Jackson Square SMID-Cap Growth IS MFS Value R6 T. Rowe Price Growth Stock I Vanguard 500 Index Admiral Vanguard Mid Cap Index Admiral Vanguard Small Cap Index Admiral Vanguard Total Intl Stock Index Vanguard Target Retirement 2015 Investor Vanguard Target Retirement 2020 Investor Vanguard Target Retirement 2025 Investor Vanguard Target Retirement 2030 Investor Vanguard Target Retirement 2035 Investor Vanguard Target Retirement 2040 Investor Vanguard Target Retirement 2045 Investor Vanguard Target Retirement 2050 Investor Vanguard Target Retirement 2055 Investor Vanguard Target Retirement 2060 Investor Vanguard Target Retirement 2065 Vanguard Target Retirement Income Investor Vanguard Total Bond Market Index Admiral Wells Fargo Spec Md Cp Val R6 Western Asset Core Bond IS Nationwide Fixed Account ProAccount Fixed Fund This Investment Authorization may be amended to include mutually agreeable Funding Vehicle(s) at any time via written instructions from the Sponsor or its designee to NTC. NRS (07/2007) -9- P6 4 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 TO: Board of County Commissioners FROM: Diane Bernardo, Soon to be Retired Finance Director THROUGH: Jeffrey R. Smith, Clerk of Court & Comptroller DATE: September 13, 2017 SUBJECT: Subrecipient Award Contracts I? tcohnaT,�; \ OAC \\ OP COUtl At the May 16, 2017 Board meeting, the County Commissioners approved the template of the Subrecipient Award Grant Contract. This agreement is a federal government requirement under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award, (commonly known as the Uniform Grant Guidance). Our office would like to make three modifications to the approved Sub -recipient Award Grant Contract: (1) Paragraph 7.3, pertaining to performance reports, originally stated performance reports would be provided quarterly and submitted within 15 days after the quarter's end. In reviewing the individual grant documents for Treasure Coast Homeless Services Council (TCHSC), not all grants provide performance reports on a quarterly basis and we would like to modify the language so that performance reports will be submitted based upon the specific grant terms. We also recommend the maximum time frame to submit performance reports shall be within 90 days after the completion of the grant. (2) Paragraph 7.4, pertaining to audit requirements, originally stated the County may deny funding if the audit is past due and not submitted by May 1St. We recommend deleting the May 1St date and replacing with 180 days after subrecipient year end. (3) On page 2, paragraph 5 on the Senior Resource Association Subrecipient Award Grant Contract, it has been amended to exclude Exhibit B, paragraphs D(a) and D(b) expenditures pertaining to travel.expenses and sick or vacation payments to employees. As mentioned in the OMB agenda item dated May 9, 2017, these contracts are being applied retroactive to October 1, 2016 through September 30, 2017. Attached please find the two Subrecipient Award Grant Contracts for the Senior Resource Association (SRA) and the TCHSC. RECOMMENDATION The Clerk's office recommends: (1) Board approve the three modifications to the subrecipient contract template and (2) Board approve the two Subrecipient Award Grant Contracts retroactive to October 1, 2016 for SRA and TCHSC. P6 5 Indian River County Grant Contract Subrecipient Award This Grant Contract ("Contract") entered into effective this 1 st day of October 2016 by and between Indian River Countv, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and Indian River County Senior Resource Association Inc. (SRA) ("Subrecipient"), 694 14th Street, Vero Beach, FL 32960 (Address), 167981612 (Unique Entity Identifier) for providing and administering mass transit service for Indian River County (Name of Subrecipient's Program) Background Recitals A. The County received see attached list (Federal and/or State Award Identification) ("Award") from the Florida Department of Transportation and Federal Transit Administration (Federal agency) on see attached list (date), the Award Date. B. The Awards are for local transit planning projects and assistance for capital and operating expenses (Project Description - provide enough information to give the public a good idea of the purpose and intended outcomes of the subaward). C. The Federal Award Identification Numbers ("FAIN") for the Awards, if applicable, is see attached list (FAIN). D. The Catalog of Federal Domestic Assistance ("CFDA') Number for the Awards, if applicable, is see attached list (CFDA). The total dollar amount made available under the Awards are $10,070,794. E. The indirect cost rate for the Award, including if the de minimis rate is charged, per federal regulations is based upon the County approved indirect cost allocation plan See number 6 below. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient attached hereto as Exhibit "A" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Research and Development The award under this Contract is not for research activities, both basic and applied, and all development activities that are performed by non - Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as Page 1 P6 6 other research and development activities and where such activities are not included in the instruction function. 4. Term The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) see attached list ("Grant Period"). The Grant Period and performance start date commences on see attached list. 5. Grant Funds and Payment. The approved Grants for the Grant Period is see attached list ($10,070,794). The amount of federal funds obligated under this Contract by the County to the Subrecipient is see attached list ($7,525,812). The total amount of the Awards committed to the Subrecipient by the County is see attached list ($10,070,794). The total amount of federal funds obligated to the Subrecipient by the County, including the current obligation is see attached list ($7,525,812). The County agrees to reimburse the Subrecipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. SRA shall not be subject to the travel expenses and sick or vacation payments to employees policies set forth in exhibit B. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs. Subrecipient is permitted to charge an indirect cost rate of 0% to the federal award, because indirect costs are charged directly through an approved indirect cost allocation plan. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs). Schedule A - Approved Allocation Methodology Fiscal Year 2016-2017 Indirect Cost Allocated to All Departments Department Description Wages % Apartments $4,093 0.2% Development $94,744 3.5% Case Management 118,684 4.4% Adult Day Service Vero Beach 260,846 9.7% Adult Day Service Sebastian 183,061 7% Meals on Wheels 131,404 4.9% Congregate Meals 28,620 1.1% Community Coach $572,426 21.4% GoLine $1,287,489 48.0% Total $2,681,367 100% 7. Additional Obligations of Subrecipient. 7.1 Records. The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration Page 2 P6 7 of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws. The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. 7.3 Performance Reports. The Subrecipient shall submit cumulative, Performance Reports to the Metropolitan Planning Organization Department of the County within within thirty (30) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to grant expenses and other statistics as required by the grants during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 7.4 Audit Requirements. If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period. 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Requirements. Subrecipient shall, no later than October 1, 2017, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, Page 3 P6 8 including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Subrecipient's place of business, of any and all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 7.7 Indemnification. The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.8 Public Records. The Subrecipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this Agreement. Page 4 P6 9 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 of the County Attorney 1801,27 1h Street Vero Beach, FL 32960 8. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 9. Notice and Contact Information - Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: County: Mike Smykowski, Budget Director Indian River County 1801 27th Street Building A Vero Beach, FL 32960 Subrecipient: Karen Deigl, President/CEO Senior Resource Association 69414 th Street Vero Beach, FL 32960 10. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference. 12. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. Page 5 P7 0 IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Courts & Comptroller By: Deputy Clerk Approved: Jason Brown, County Administrator SUBRECIPIENT: By: Karen Deiol. President/CEO Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Agency Name: Indian River County Senior Resource Association Page 6 P71 Exhibit A Indian River County SOCC SRA Related Grants Total of All Awards $ 10,070,794 Grant Period 01/01/17 to 10/31/19 06/23/15 to 06/30/20 12/29/14 to 12/31/19 05/22/14 to 04/30/19 05/22/14 to 04/30/18 12/29/14 to 12/30119 10/01/13 to 12/31/16 10/01/14 to 03/31/17 10/01/15 to 03/31/18 Page 7 P72 State Award ID # CSFA# Description/Orant:Name Federal Award ID # CFDA# Amount Award Date State Grants: FDOT Service Development Granit GOG90 55,012 $ 500,000 12/02/16 FDOT Commuter Assistance Grant - terminated 06/30/17 G0115 55.007 293,741 08/06/15 FDOT Public Transportation Block Grant AR056 .55.007 1,349,692 12/24/14 FDOT Corridor Grant ARE86 55.013 401,549 05/22/14 Total State Grants $ 2,544,982 Federal Grants: FDOT Section 5339_Public Transportation Capital Funds ARE87 20.526 $ 612,567 05/22/14 FDOT Section 5311 Funding Assistance AR046 20.509 203,830 01/06115 FTA Section 5307 Grant FL -90-X838 26.507 1,967,175 08/01/14 FTA Section 5307 Grant FL -90-X888 20.507 2,384,987 11/23115 FTA Section 5307 Grant FL -2016-033 20.507_ 2,357,263 09/22/16 . Total Federal Grants $ 7,525,812 Total of All Awards $ 10,070,794 Grant Period 01/01/17 to 10/31/19 06/23/15 to 06/30/20 12/29/14 to 12/31/19 05/22/14 to 04/30/19 05/22/14 to 04/30/18 12/29/14 to 12/30119 10/01/13 to 12/31/16 10/01/14 to 03/31/17 10/01/15 to 03/31/18 Page 7 P72 Exhibit A FDOT Florida Department of Transportation RICK SCOTT 3400 West Commercial Blvd. GOVERNOR Fort Lauderdale, FL 33309 December 2, 2016 Mr. Brian Freeman, AICP Senior. Transportation Planner Indian River County MPO County Administration Building, Building A 180127th Street Vero Beach, FL 32960 Subject: Public Transportation JPA, Contract # GOG90 ' I Service Development Grant, Go -Line Improvements FM # 438523-1-84-01 Dear Mr. Freeman: JIM BOXOLD SECRETARY z 0 0 P"P FECEIVED DEC 201 -OWAUNin' rn Attached is one (1) fully executed copy of the Joint Participation Agreements (JPA) for the above referenced project. Please keep this office advised of the progress of this project as required by the JPA. In accordance with Paragraph 16.00, the expiration date of this agreement is October 31, 2019. At expiration, any unused funds will be unencumbered and the contract will be canceled. If the contract needs to be extended, please notify us in writing at least 60 days prior to the expiration date. In addition, Paragraph 16.10 requires final invoicing within 120 days after the agreement expiration date. Should you have any questions regarding this agreement, please call me at 954-777-4661. Attachments cc: file Sincerely, C Jayne .�iowski, AICP Senior Transit Coordinator Office of Modal Development P7 3 wWcP5qtsYat il!fllus Page 8 Exhibit A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AI 4mmunity Development Director THROUGH: Phil Matson, AICP; MPO Staff DirectorPV `% FROM: .Brian Freeman, AICP; Senior Transportation Planner DATE: September 23, 2016 SUBJECT: Request for Approval to Enter into a Public Transportation Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for a Service Development Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 4, 2016. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received mass transit operating assistance from the Florida Department of Transportation (FDOT). Those FDOT funds, combined with local fiends, serve as the required match towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program). Those local, state and federal funds are then passed through to the Senior Resource Association (SRA), Indian River County's. designated transit service provider. SRA operates the GoLine (fixed route) and the Community Coach (dcmand response) transit services. Recently, a Service Development grant to the county expired. That grant was used to expand service on Saturdays and during evening hours on weekdays. In place of the recently expired grant, FDOT has awarded a new Service Development grant in the amount of $500,000 over a three-year period, beginning in FY 2016/17. While the new FDOT funding can be applied towards existing service, a portion of it must be used to fund a service improvement. In this case, service hours will be expanded on Saturdays, which is a recommendation of the Transit Development Plan (TDP). Currently, Saturday service is limited to a FACommunity Development\Ustm\N4Pol7iansitlGrantg Service Development116171bce staff repon.doex Page 9 P7 4 Exhibit A span of six hours (9 am — 3 pm). The TDP recommends increasing Saturday service hours incrementally to 8 am — 6 pm. To receive the Service Development Grant hinds, the County must enter into a Joint Participation Agreement (JPA) with FDOT, a copy of which is attached to this staff report (Attachment #2). As is the case with FDOT's Public Transportation Block Grant program, this grant has a 50% local match requirement. Because this grant is replacing a recently expired grant, matching funds are available in the County's normal transit allocation. Like the Block Chant, both the local contribution and the FDOT funds can be combined as a local/state match towards federal operating assistance through the federal Section 5307 program, which is the county's largest funding source for transit. ANALYSIS As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Service Development Grant funds, although the funds may be passed through to a nonprofit provider. Under these restrictions, SRA. has requested that the Board of County Commissioners apply for state Service Development Grant funds on its behalf. The attached Joint Participation Agreement (JPA) is an agreement between FD,OT and Indian River County specifying the requirements which the County trust meet in order to receive Service Development Grant funds. In this case, the funds are to be used to maintain existing levels of service while also expanding.service hours on Saturdays. The attached resolution (Attachment #1) authorizes the Chairman of the Board of County Commissioners to execute the JPA for Service Development Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the JPA, County staff will transmit the JPA to FDOT. Once the JPA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand -response transit service. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2040 Long Range Transportation Plan. . FUNDING Funding in the amount of $1.66,667 is budgeted and available in the General Fund/Community Transportation Coordinator account (Account Number 00111041-088230). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. rACommunity DevelopmentNU.% \MPO1Tmosit\Gmnts\Serviec Dcvelopment116171bcc staff report.docx (;OGID tt Page 10 P75 Exhibit A ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Joint, Participation Agreement 2. MOT Public Transportation Joint Participation Agreement. 3. Grant Budget Form - APPROVED AGENDA ITEM: FOR: ncdave-h (4!r1 Indian RiVer Co, Ap r2a I Date Admin. Legal . . .4 Budget - Cj Dept. 41.1 Z,&//& Risk MET. FACornmunity DcvtloOment\Users\MPOITruniil\CaanislSemice Development1161TIxe stsffrcportdocx 6()G9D 441 Page 11 P7 6 Exhibit A Commit -ial F D 'T --00��- 015*2or5 Florida Department of Transportation RICK SCOTT 3400 West Commercial Blvd. JIM BOXOLD GOVERNOR Fort Lauderdale, FL 33309 SECRETARY August 6, 2015 Mr, Brian Freeman, AICP Indian River County MPO Building A 180127th Street Vero Beach, FL 32960 Subject: Public Transportation JPA, Contrapt# G0115 Commuter Assistance Grant, Beachsidi Circulator FM # 437719-1-84-01 Dear Mr. Freeman: Attached are two (2) fully executed copies of the Joint Participation Agreements (JPA) for the above referenced project. Please keep this office advised of the progress of this project as required by the JPA. In accordance with Paragraph 16.00, the expiration date of this agreement is June 30, 2020. At expiration, any unused funds will be unencumbered and the contract will be canceled. If the contract needs to be extended, please notify us in writing at least 60 days prior to the expiration date. In addition, Paragraph 16.10 requires final invoicing within 120 days after the agreement expiration date. Should you have any questions regarding this agreement, please call me at 954-777-4661. Attachments cc: file Sincerely, Jayne Pie ro�v-ski, AICP Senior Transit Coordinator Office of Modal Development www.dot.stateiffius 60115 1 1'� Page 12 P7 7 Exhibit A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 01 Financial Project No.: Fund: DPTO FLAIR Approp.: 088774 437719-1-84-01 Function: 215 FLAIR Obj.: —751000 (item -segment -phase -sequence) Federal No.: Org. Code: 55042010429 Contract No.: —G01 15 DUNS No.: 80-939-7102 Vendor No.: - VF596000674007 CFDA Number: CSFA Number: 55.007 THIS AGREEMENT, made and entered into this Z q If day of Anti I Lcm by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and __Indian River County — 1801 27th Street Vero Beach, FL 32960 hereinafter referred to as Agency, WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 23 rd day of June , 2015 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 293,741.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: t 1 1.00 Project Description: The project description is amended Supplemental funds for operations of the Beachside Circulator, a public -privately funded transit route. This service provides job access and a park and ride connection. 725-03U7 PUBLIC TRANSPORTATION 6/11 Page 1 of 3 GOV15 2-15 Page 13 P78 Exhibit A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICF; Co #unity Development Director THROUGH: Phil Matson, AICP; MPO Staff Directol�� FROM: Brian Freeman, AICP; Senior Transportation Planner DATE: May 2'7, 2015 SUBJECT: Request for Approval to Enter into a Public Transportation Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for a Commuter Assistance Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 9, 2015. DESCRIPTION & CONDITIONS For the past several years, the county has applied for and received transit operating assistance through Florida Department of Transportation (FDOT) grant programs. Those grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's transit service provider. Recently, the county was approved for an FDOT Commuter Assistance Grant that will provide funding for a new bus route that would serve as a circulator in the Vero Beach barrier island business district. The proposed beachside circulator will be known as GoLine Route 16 and will connect employment, business, tourist, and leisure destinations with a remote parking lot at Riverside Park, where the circulator will also connect with GoLine Route 1. It is expected that Route 16 will operate at a 15-m inute frequency (i.e. four stops per hour at each destination along the route). The service is expected to begin on July 1, 2015. The proposed circulator represents the first public-private partnership to support public transportation in Indian River County. The grant has a local match requirement equal to 25% of the state funds. In this case, the local match for the first year of service is $40,000, which is being FACommunity Development\UsersWPo\TransitiGrants\CommuteABeaehside Circuiatori2015%ce staff repnn.doex Page 14 P7 9 GO 115 1C 3115 Exhibit A provided by a local business, the Vero Beach Hotel and Spa (see Attachment #4). According to the agreement, the Vero Beach Hotel and Spa will provide upfront the $40,000 in local matching funds. At this time, the Board needs to approve the agreement in order to accept the funds and apply those funds as the grant's required local match. To incentivize private sector participation in the project, the SRA has agreed to place advertising for the participating business on the beachside circulator bus. In subsequent years, it is expected that the local match will continue to be provided by the private sector. FDOT has confirmed that, should no business be willing to pay the local match, the County will be under no obligation to continue operating the service. The cost to operate the beachside circulator is approximately $200,000 per year. Of this amount, the required local contribution is $40,000. The total amount being made available by FDOT during FY 2014/15 and 2015/16 ($263,741) is sufficient to fund over 18 months of service. At this time, FDOT has allocated an initial amount of $88,841 to the county to begin the service. During state FY 2015/16, an additional $174,900 will be awarded to the County. If the proposed beachside circulator is successful, FDOT has indicated that it will remain eligible in future years for funding through the Commuter Assistance program. In order to receive the funds for FY 2014/15, the BCC must enter into a Joint Participation Agreement (JPA) with FDOT, a copy of which is attached to this staff report (Attachment #2). The FY 2015/16 funds will be made available through a Supplemental JPA that will be brought before the Board after July 1, 2015, ANALYSIS The attached resolution (Attachment # 1) authorizes the Chairman to execute the JPA for Commuter Assistance Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the JPA, MPO staff` will transmit the JPA to FDOT. With respect to the Commuter Assistance Grant program, the county receives the grant funds and transfers those funds to the county's Community Transportation Coordinator and transit provider, the Senior Resource Association (SRA). The SRA., in turn, provides the service as directed by the county and as identified in the JPA. In this case, the funds will be used to operate the beachside circulator. Because the local matching funds for the first year of service are being provided by the Vero Beach Hotel and Spa, this grant is a public-private partnership. The agreement between the SRA and Vero Beach Hotel and Spa. (Attachment #4) needs to be approved by the Board so that the county can accept those funds and apply them as the required local match. FUNDING The local match for the first year of beachside circulator service ($40,000) is being provided by a local business, the Vero Beach Hotel and Spa. During future years, it is expected that the hotel or another business will provide the local match. FDOT has confirmed that, should no business be FACommunity Deve)opmentlUsers\Mpov rransiRGrants\CommuteABmhsidde[e Circytatori2015%ce smff report.docx GO 11S 415 Page 15 P8 0 Exhibit A willing to pay the local match, the County will be under no obligation to continue operating the service. Therefore, no county funding is required. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Joint Participation Agreement, adopt the attached resolution authorizing the Chairman to sign the agreement, and approve the agreement with the Vero Beach Hotel and Spa for contribution of the, local match. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Joint Participation Agreement 2. FDOT Public Transportation Joint Participation Agreement .3. Grant Budget Form 4. Agreement with Vero Beach Hotel and Spa for Local Match Contribution APPROVED AGENDA ITEM: U Indian River Co, Approved Date Admin. Legal Budget 3 17 Dept. RiskMer. ......... .... ..................... F:Community Devolopmcnt\lJsets\hG'O\Transil\Gmnts\CoTnmuter\Beadiside CiYcq1atot\2015\b= staff rtport.docx Page 16 P81 601, 5 '515 Exhibit A FDOT Florida Department of Transportation RICK SCOTT 3400 West Commercial Boulevard ANANTH PRASAD, P.E. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY December 24, 2014 Brian Freeman, Senior Transportation Planner Indian River County 1801 27th Street Building A Vero Beach, FL 32960 Subject: FM No.: 407190-4-84-01 Contract No.: y AR056 Description: `_ New JPA Dear Mr. Freeman: �1�9�p11 i2 M RECEIVED a N JAN 2015 DSVOPM N 01 r 8�'tZ'3G5T'�G Enclosed are two (2) fully executed Joint Participation Agreements (SJPA) for the above referenced project. Please keep this office advised of the progress on this project as required by the JPA. In accordance with Paragraph 18.00, the expiration date of the JPA agreement is December 31, 2019. At expiration, any unused funds will be unencumbered and the contract will be canceled. If the contract needs to be extended, please notify us in writing at least 60 days prior to the expiration date. In addition, paragraph 18.10 requires final invoicing within 120 days after the -contract expiration date. Should you have any questions regarding this Agreement, please call me at (954) 777- 4573. encl cc: File Sincerely, Wibet Hay Transit Coordinator Office of Modal Development www.dot.state.fl.us ARQ5(Q t�5 Page 17 P8 2 Exhibit A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT• PARTICIPATION AGREEMENT Number 2 Financial Project No.: Fund: DPTO 407190-4-84-01 Function: 215 (hem -segment -phase -sequence) Federal No.: Contract No.: ARO56 CFDA Number. DUNS No.:. 80-939-7102 CSFA Number: 55.010 FLAIR Approp,: 088774 FLAIRObj.: 751000 Org. Code: 66042010429 Vendor No.: F596000674007 72"30.07 PUBLIC TRANSPORTATION Vii Pope I of 3 THIS AGREEMENT, made and entered into this day of o ve, tw) �` C'(La c - by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River County Board of County Commissioners 1861 27th Street Vero Beach, FL 32960 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the Q!Lh day of December . 2014 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 1.349.692.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description Is amended Provide Operating funding for public transportation thru Block Grant. AR05LO a l s Page 18 P8 3 Exhibit A INDIAN RWER COUNTYj FLOREDA —1<4— MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP;4--'ommuwty Development Director V THROUGH: Phil Matson, AICP; MPO Staff Directore-11 FROM: Brian Freeman, AICP; Senior Transportation Planner DATE: October 9, 2014 SUBJECT: Request for the 'Board of County Commissioners to Enter into a Public Transportation Joint Participation Agreement (JPA) with the Florida Department of Transportation (Public Transportation Block Grant) It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 21, 2014. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received mass transit operating assistance through the Florida Department of Transportation (FOOT) Public Transportation Block Grant program. Each year, the County combines Block Grant funds with local funds as a match towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program) and Section 5311 (also known as the Rural Area Formula Grant program). These state and federal grant funds are passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates: the GoLine (fixed -route) and the Community Coach (demand response) transit services. For FY 2014/15, $457,662 has been allocated through the state Block Grant program to the county. Because the Block Grant has a 50% match requirement, the county is required to provide a local match of $457,662. As was the case in previous years, matching funds will come from the County's normal transit allocation. Together, the Block Grant funds and local funds will be applied as a local/state match towards $915,324 in federal operating assistance through the Section 5307 program ($843,381) and the Section 5311 program ($71,943). As a result, the county will receive $1,372,986 in combined federal and state transit operating assistance. FACommunity Development\UsasNMPO: Transit\Grants\BlockA2015.2019MI 5 port.docx 3 AR&5� 5 Page 19 P84 Exhibit A In terms of transit, the County receives most of its funding through the federal Section 5307 grant program. To obtain those federal Section 5307 funds, the County must complete an application and follow a process that includes several steps. For FY 2014/15, the first step is to apply for state Block Grant funds. Subsequent steps include applying for federal capital and operating assistance and applying for Florida toll revenue credits for use as a soft match for federal capital assistance. According to state regulations, Block Grant funds may be used for both eligible capital and operating costs of public transit providers. Because the local match requirement for the capital portion of the County's FY 2014115 Section 5307 grant may be met by soft -match rather than cash -match funds (which effectively provides for 100% federal funding of capital expenses), the entire FY 2014/15 Block Grant is proposed as a partial match for Section 5307 operating funds. Pursuant to state regulations, Block Grant funds may not exceed 50% of the nonfederal share of total eligible operating expenses of transit service provision. Also, activities funded with Block Grant funds must be consistent with applicable approved local government comprehensive and transit plans. To receive the Block Grant funds, the County must enter into a Joint Participation Agreement with FDOT, a copy of which is attached to this staff report (Attachment #2). ANALYSIS As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Block errant funds, although the funds may be passed through to a nonprofit provider. Under these restrictions, SRA has requested that the Board of County Commissioners apply for state Block Grant funds on its behalf. The attached Joint Participation Agreement (JPA) is an agreement between FDOT and Indian River County specifying the requirements which the County must meet in order to receive Block Grant funds. One of the most important of these requirements is that the County prepare and approve an annual update to its Transit Development Plan (TDP). The attached resolution (Attachment #1) authorizes the Chairman of the Board of County Commissioners to execute the JPA for Public Transportation Block Grant funds. Upon the Board's adoption of the resolution and. the Chairman's execution of the JPA, County staff will transmit the JPA to FDOT. Once the JPA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand -response transit service. The provision of such service is consistent with the findings of the WO's adopted I 0 -year Transit Development Plan. and 2035 Long .Range Transportation Plan. FUNDING Funding in the amount of $457,662 is budgeted and available in the General Fund/Community Transportation Coordinator account (Account Number 00111041-088230). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. F.X mmunityDmiopmentNUsersWMF'rraasittGmntslB3ockt2015-201912015staff repomdoex A M % q15 Page 20 P85 Exhibit A RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Joint Participation Agreement 2. MOT Public Transportation Joint.Participation Agreement 3. Grant Budget Form APPROVED AGENDA 0*;i, , . ! M. Indian River Co, Aroved Daze Admin. Legal �,� p~' o -.)q— ) et 10 t �/13 A( Mer. FACommunity Developme Users\MPO\Tramit\GranulBlmk12915-201912015 staff raRortdom kRQ5G� 15 Page 21 F8 6 Exhibit A STATE OF FLORIDA DEPAR714EN1 OF TR4NSPORTAI)ON PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 01 Financial Project No.: I Fund: DPTO FLAIR. Approp,: 088774 435845.1-64-01 Function: 215 FLAIR Obj.: 751000 (de �eQmert-onas��seq�ence; Federal No,: Org. Code: 55042010429 Contract No.: ARE86 DUNS No.: 80-939-7102 Vendor No.: VF596000674029 CFDA Number: CSFA Number. 55,013 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River County 1801 27th Street, Vero Beach, FL 32960 hereinafter referred to as Agency. WITNESSETH WHEREAS, the Department and the Agency heretofore on the 22 nd day of May , 2014 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 401.549.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.DD Project Description: The project description is amended to include supplemental operating funds for regional express transit service 725-L3407 P:18UC; MANSPORTAI ION &I I P"e 5 of c /t RE 81D )h Page 22 P8 7 Exhibit A QUBM 1 RANSPORI AT ]ON 611 Pepe Z 0' 9 2.00 Project Cost: Paragraph 3.00 of said Agreement is 4) increased O decreased by 5 195.543.00 bringing the revised total cost of the project to 5 401,549.00 Paragraph 4.00 of said Agreement is O increased U decreased by 5 _195.543.00 banging the Departments revised total cost of the project to $ 401.549.00 3.00 Amended Exhibits: Exhibit(s) B of said Agreement is amended by Attachment "A" 4.00 Contract Time: Paragraph 18.00 of said Agreement 4/30/2019 , 5.00 E -Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verity system to verify the employment eligibliity of all new employees hired by the subcontractor during the contract term. ARE W � T Page 23 P8 8 Exhibit A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, Vp; Cornmuruty, Development Director THROUGH: Phil Matson; MPO Staff Director FROM: Brian Freeman, A1CP; Senior Transportation Plainer (3 r DATE: May 27, 2016 ARE gla 44DI.sv SUBJECT: Request for Approval to Enter into a Public Transportation Supplemental Joint. Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) to Continue Bus Service to the Indian River State College Main Campus (Fort Pierce) It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 7, 2016. DESCRIPTION & CONDITIONS For the past several years, the county has applied for and received transit operating assistance under the Florida. Department of Transportation (FDOT) Corridor Grant program. These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's transit service provider. FDOT Corridor Grant funds may be used for improving transit operations, such as realigning routes or increasing coverage areas. On May 22, 2014, the county was approved for an FDOT Corridor Grant which provided fundi.nQ for hourly intercount>- transit service to The Indian River State College (IRSC) Main Campus in Fort Pierce. This service is provided through GoLine Route 15, which connects with three other GoLine routes (Routes 6, 7; and 14) at the Oslo Plaza shopping center. With a simple transfer; riders coming from the IRSC Mueller Campus; the Main Transit Hub, the Indian River Mall, Vero Beach Highlands, and other locations may travel to the IRSC Main Campus in Fort Pierce. Through this grant, intercounty transit service to St.. Lucie County .is 100% funded by FDOT with no local contribution. When the grant was initially approved in 2014, FDOT provided $206,006 in F:\Communin' Development\(Jsers\) 4PO\Transit\Grants\Corridor\ExpressS PA #ll\U t staff repon.doax ARE fto 3 Page 24 P89 Exhibit A funding for the intercounty transit service. At this time, FDOT is allocating an additional S195,543 to the county. Additional FDOT funding will be available in FY 2016/17. FDOT has also agreed to extend the grant two additional `rears; with a new expiration date of April 30, 2019. 1n order to receive these .funds, the BCC must enter into a Supplemental Joint Participation Agreement (SJPA) with FDOT, a cop), of which is attached to this staff report (Attachment. T -Q). ANALYSIS The attached resolution (Attachmentfl) l) authorizes the Chairman to execute the SJPA for Corridor Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the SJPA, MPO staff will transmit the SJPA to FDOT. As with the FTA Section 5307 grant program; only public agencies may be designated recipients of state Corridor Grant funds. With respect to the Corridor Grant program, the county receives the grant funds and transfers those funds to the county's Community Transportation Coordinator and transit. provider, the Ser> or Resource Association (SRA). The SRA, in turn, provides the service as directed by the county and as identified in the SJPA. 1n this case, the funds are to be used to provide intercounty service to the 1RSC Main Campus in St. Lucie County. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the.. attached Public Transportation Supplemental Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACEW, NTS 1, Authorizing Resolution for the Execution of a Public Transportation Supplemental Joint Participation Agreement 2. FDOT Public Transportation Supplemental Joint Participation Agreement 3. Grant Budget Form APPROVED AGENDA ITEM: FOR: U BY: c 1r{,n �; (� " l7 •C%� i Indian River Co, approved Dat;. Admin. 7 r•2 Y/ Legal 1 iBudget ,,r►� � � ., l� - i Dep------------------ �i Rist; ?\fcx. FX=muniry Development\UScrs\MI'ONTransiitCrrants\CorridoftExpress\SIPA tlIMy-c staff report.docx APE 01 i 1J� Page 25 P90 Exhibit A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 72"3M7 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION 6111 SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page 3 of 3 Financial Project No.: 435841-1-94-01 (item-segment•phese-sequence) Contract No.: ARE87 CFDA Number: 20.526 Number 01 Fund: DU Function: 215 Federal No.: N/A DUNS No.: 80-939-7102 CSFA Number: N/A FLAIR Approp.: 088774 FLAIR Obj.: 780000 Org. Code: 55042010429 Vendor No.: VF596000674029 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River County Board of County Commissioners 1801 27th Street, Vero Beach, FL 32960 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 22 nd day of May . 2014 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 612.567.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Additional funds for Bus Purchase Page 2s_ __ P91 Exhibit A 2.00 Project Cost: Paragraph 3.00 of said Agreement is • increased O decreased by $ 196.717.00 bringing the revised total cost -of the project to $ 612.567.00 Paragraph 4.00 of said Agreement is 0 increased O decreased by $ 196.717.00 bringing the Department's revised total cost of the project to $ 612.567.00 3.00 Amended Exhibits: Exhibit(s) B of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 16.00 of said Agreement 4/30/2018 . 5.00 E -Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 725.020-07 PUBLIC TRANSPORTATION 6/11 Page 2 of 3 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. hn v � T Page 27 P92 Exhibit A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director Phillip J. Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner ARE 89 DATE: April 6, 2017 SUBJECT- Approval of a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for Section 5339 Public Transportation Capital Funds It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 18, 2017. DESCRIPTION & CONDITIONS Funding for most of the capital costs associated with Indian River County's public transportation system Fomes from the federal Section 5307 grant program. MAP -21, the federal transportation bill enacted by Congress in 2012, created an additional program to provide funding for public transportation capital expenses. That new program is known as Section 5339, or the Bus and Bus Facilities Program. According to federal regulations, Section 5339 program grants may be used for the purchase of capital items such as buses, shelters, and other equipment. As with capital expenses in the Section 5307 program, the required 20% nonfederal share can be provided through a soft match (which effectively provides for 100% federal funding of capital expenses). In Florida, state toll revenue credits are utilized as a soft match to provide the required nonfederal share. The use of a soft match eliminates the need for the county to provide a cash outlay for capital expenses. At this time, $196,717 in Section 5339 funds is being allocated to the county. Those federal funds were originally allocated during FY 2015. While Section 5339 funds are federal grant funds, the Florida Department of Transportation (FDOT) has administered the Section 5339 program within the state of Florida through FY 2015. In order to receive these funds, the BCC must enter into a Joint Participation Agreement (JPA) with FDOT, a copy of which is attached to this staff. report (Attachment #2). 4 612 0S6 \U 0.176.2.252\granicus_nas\insiteViles\]RCG\Attachments\04454503-c5b2-426f-8342-492cdf3tU188.docx A -R W + Page 28 P9 3 Exhibit A At the request of FDOT, this SJPA replaces the one approved by the Board on October, 18, 2016. That version of the SJPA included funds from FY 2015 and FY 2016, while the revised SJPA contains funds from only FY 2015. Beginning with the FY 2016 allocation, the County will apply directly to the Federal Transit Administration (FTA) for Section 5339 program funds. At this time, MOT and FTA are establishing the process for obtaining Section 5339 funding for FY 2016 and later years. County staff expect it will be similar to the Section 5307 application process. ANALYSIS The attached resolution (Attachment #l) authorizes the Chairman to execute the JPA for Section 5339 program funds. Upon the Board's adoption of the resolution and the Chairman's execution of the JPA, MPO staff will transmit the JPA to FDOT. As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Section 5339 funds. With respect to the Section 5339 program, the county receives the grant funds and transfers those funds to the county's Community Transportation Coordinator and transit provider, the Senior Resource Association (SRA). The SRA, in turn, provides the service as directed by the county and as identified in the JPA. In this case, the funds are to be used to purchase buses for the GoLine fixed route public transportation system. FUNDING No local match is required for this grant. State toll revenue credits are utilized as a soft match to provide the required nonfederal share. The use of a soft match eliminates the need for the county to provide a cash outlay for capital expenses. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Supplemental Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1: Authorizing Resolution for the Execution of a Public Transportation Joint Participation Agreement 2. FDOT Public Transportation Joint Participation Agreement 3. Grant Budget Form \\] 0.176.2.252\granicus_nas\insite\files\IRCG\Attachments\04454503-c5b2426f-8342492cdf3fU188.docx w 8 9 � 1� Page 29 P9 4 Exhibit A gii6�Tvv% Florida Department of Transportation RICK SCOTT 3400 West Commercial Boulevard JIM BOxOLn GOVERNOR Fort Lauderdale, FL 33309 SECRETARY A112731 January 6, 2015 �g'l 1,\ RECEIVED Brian Freeman JAN 2015 Transportation Planner p COMSenior DEVELOPf�'EN7 : •: EVEL PNIEN Indian River Countyp 180127" Street, Building A Vero Beach, FL 32960 Subject: FM No.: 407182-284-01 Contract No.: t� AR1246 _,, Description: New JPA Dear Mr. Freeman: Enclosed are two (2) fully executed Joint Participation Agreements (JPA) for the above referenced project. Please keep this office advised of the progress on this project as required by the JPA. In accordance with Paragraph 18.00, the expiration date of the agreement is December 31, 2019. At expiration, any unused funds will be unencumbered and the contract will be canceled. If the contract needs to be extended, please notify us in writing at least 60 days prior to the expiration date. In addition, paragraph 18.10 requires final invoicing within 120 days after the contract expiration date. Should you have any questions regarding this Agreement, please call me at (954) 717- 2253. encl cc: File Sincerely, ua 4G-Lq Wibet Hay Transit Coordinator Office of Modal Development www.dot.state.fl.us AR 0 46 11q Page 30 P9 5 Exhibit A Financial Project No.: 407182-2-84-01 (Ileln-segment-phase -sequence) Contract No.: ARQ46_ CFDA Number: 20.509 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 2 Fund: DU Function: 215 Federal No.: DUNS No.: 80-939-7102 CSFA Number: FLAIR Approp.: 088774 FLAIR Obj.: 78_ 0000 Org. Code: 55042010429 Vendor No.: 596000674007 725,030-07 PUBLIC TRANSPORTATION 6111 Page 1 613 THIS AGREEMENT, made and entered into this [A— Q> day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 29 th day of December . 2014 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 203.830.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Provide funding for public transportation in the non -urbanized area Section 5311 ARO 1 t Loll+ Page 31 P96 Exhibit A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling,VC ; Community Development Director THROUGH: Phil Matson, AICD; WO StaffDirecto&O', FROM: Brian Freeman, AICP; Senior Transportation Planner tjr- DATE: February 27, 2015 SUBJECT: Request for Authorization to Submit an Application for 49 USC CH. 53, Section 5311 Transit Operating Assistance Funds for FY 2015/16 It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 10, 2015. DESCRIPTION & CONDITIONS For the past several years, the County has appJ ied for and received transit operating assistance under 49 USC Ch. 53, Section 5 311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas (Section 5311) funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine Route #10) and demand -response service (Community Coach), both of which are operated by the Senior Resource Association (SRA). For FY 2015/16, $65,24 in 4ction 5311 funds is allocated to the county. In this case, the grant has a 50% nonfederal match requirement for operating assistance. Matching funds will consist of $32,607 from the state Public Transportation Block Grant and $32,607 from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the slate of Florida. To apply for Section 5311 funds, the Board of County Commissioners FACarmnunity Development\Usors\NPO\Tramit\Gmnis1531 1\1 516q= staff rqmn applimfion.doex AR046 3/� Page 32 P97 Exhibit A must adopt the attached resolution (Attachment #1), authorizing staff to submit the attached grant application to FDOT. A copy of the grant application is attached to this staff report (Attachment #2). ANALYSIS For FY 2015/16, the SRA has requested that the County apply for federal Section 5311 funds on the SRA's behalf so that the SRA can provide for the continuation and expansion of its GoLine/Community Coach fixed route and demand response services in rural areas of Indian River County. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development flan and 2035 Long Range Transportation Plan. The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Areas) grant program. As indicated in the attached grant application, the total proposed budget amount is $130,428.Ofthat amount, the federal portion is $65,214. The match will consist of $32,607 in state Public Transportation Block Grant funds and $32,607 in local funds. In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. i9 1 1�' Funding in the amount of $32,607 is budgeted and available in the General Fund / Community Transportation Coordinator account. Funding for this expenditure is part of the allocation given to the Senior Resource Association to provide transit service in the county. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution authorizing the filing of the attached FY 2015/16 Section 5311 grant application. • 1. Authorizing Resolution for the Submission of a Section 5311(Formula Grants for Rural Areas) application for FY 2015/16 2. Section 5311 Grant Application for FY 2015/16 3. Grant Budget Form APPROVED AGENDA ITEM: Indian River Co, Approved Date Admin. Legal Budget Dept. Risk Mgr. FACommunity Developmeni\Uscm\\IPO: Trnnsit\Grants\5311\15jo 1161bcstaff c starMw application.d�u l rl F � 141 � Page 33 P98 ViEM&M A Page 14 of 18 affirms this FTA Award, and enters into this Grant Agreement with FTA. The following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," FTA MA(119), October 1, 2013, hftp://www.fta.dot.gov/documents/20-Master.pdf (2) The Certifications and Assurances applicable to the Project that the Grantee has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued. FTA OR THEFEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING THE DATE OF THIS FTA AWARD SET FORTH HEREIN. FTA AWARD FTA hereby awards a Federal grant as follows: Proiect Na.' -FL -90-X839-:00 - Grantee:- INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Citation of Statute(s) Authorizing Proiect: 49 USC 5307 - Urbanized Area Formula (FY2013 and forward) Estimated Total Eligible Cost (in U.S. Dollars): $2,967,175 Maximum Total FTA Amount Awarded (in U.S. Dollars): $1,967,175 Amount of This FTA Award (in U.S. Dollars): $1,667,175 Maximum Percentages) of FTA Participation: Percentages of Federal participation are based on amounts included in the Approved Project Budget, modified as set forth in the text following the Project Description. U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements: Original Project Certification Date: 7/29/2014 Proiect Description: FY 2014 Capital & Operating Assistance The Project Description includes information describing the Project within the Project Application submitted to FTA, and the Approved Project Budget, modified by any additional statements displayed in this Grant Agreement, and, to the extent FTA concurs, statements in other documents including Attachments entered into TEAM -Web. A letter is attached to TEAM dated 5/12/2014 from FDOT confirming toll revenue credits in the amount of $241,794 for this application. Awarded By: Yvette Taylor Regional Administrator FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION 08/01/2014 X 838 /�} Page 34 P99 Exhibit A INDIAN RIVER COUNTY, FLORIDA 1�R� .. G MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT IAEAD CONCURRENCE: Stan Boling, AICP; ommunity Development Director THROUGH: Phil Matson; AICP; MPO Staff Directorerl�-\ FROM: Brian Freeman, AICP; Senior Transportation Planner l3 -1� DATE: March 7, 2014 SUBJECT: Request for Authorization to Submit an FY 2014 Grant Application for 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March I8, 2014. DESCRIPTION & CONDITION'S For the past several years, Indian River County has applied for and received grant funds under 49 USC Ch. 53, Section 5307. Those funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed route) and the Community Coach (demand response) transit services. According to federal regulations, Section 5307 program grants may be used for the plarming, acquisition, construction, improvement, and operating costs of facilities, equipment, and associated capital maintenance items used in mass transportation service. While operating expenses require a 50% nonfederal match, capital expenses require only a 20% nonfederal soft match (which effectively provides for 100% federal funding of capital expenses). In Indian River County, state toll revenue credits are utilized as a soft match to provide the required nonfederal share for the capital expenses portion of the Section 5307 grant. The use of a soft match eliminates the need for the County to provide a cash outlay for capital expenses. According to applicable regulations. toll revenue credits may be used as soft match only for the capital portion of a Section 5307 grant. For operating expenses, however, the nonfederal share is provided through a combination of local funds and Florida Department of Transportation (FDOT) public transportation grant funds. FACommunity DeLclopmentlUscrsVWO\Transit\Grants\530MOI4\bcc staff repon.docc Y\ 938 + Page 35 P100 Exhibit A ANALYSIS For FY 2014, the SFA has requested that the County apply for federal Section 5307 funds on the SRA's behalf so that the SRA can provide for the continuation and expansion of its GoLine/Community Coach fixed route and demand response bus services. As proposed, the grant will allow the Senior Resource Association to leverage local and state funds to continue and expand needed public transportation services within Indian River County. A copy of the County's proposed FY 2013 Section 5307 grant application is provided in Attachment #1. As required by Federal Transit Administration (FTA) regulations, the attached grant application was prepared using FTA's Transportation Electronic Award and Management (TEAM) software. As it has in the past, the FTA' requires grantees to utilize its TEAM software in the development, submittal, modification, and management of Section 5307 grants. As indicated in the attached grant application, the total proposed budget amount is $4,120,000. Of that amount, the federal portion is .$3,120,000. That includes both capital and operating grant funds. Overall, the federal share of the proposed budget consists of $2,120,000 in capital expenditures and $1,000,000 in operating expenditures. For the nonfederal share of capital expenditures ($530,000), the County will use toll revenue credits as a soft match. Because a soft match is non-cash, this amount is not included in the project total. For the nonfederal share of operating expenditures (50%), the snatch will consist of $500,000 in FDOT grants and $500,000 from Indian River County. In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. According to Section 5307 grant application requirements, the designated recipient (Indian River County) must hold a public hearing to obtain the views of citizens on the proposed grant application. In keeping with that requirement, staff has published a notice of the March 18th meeting and has scheduled this item as a public hearing. As a necessary prerequisite for submittal of this Section 5307 application, the MPO has included the proposed Section 5307 funding in its FY 2014-2018 Transportation Improvement Program (TIP). The proposed grant application is also consistent with the MPO's adopted ten year Transit Development Plan and 2035 Long Range Transportation Plan. To apply for Section 5307 funds, the Board of County Commissioners must adopt the attached resolution (Attachment #2), authorizing staff to submit the attached grant application. The resolution has been reviewed and approved by the County Attorney's Office. FUNDING Funding in the amount of $500,000 is budgeted and available in the General Fund / Community Transportation Coordinator account (Account Number 00111041-088230). These funds are pact of the allocation given to the Senior Resource Association to provide transit service in the county. FaCommunily Development\UserslMPOlTransit:Granul530712014\bcc sraffreport.doc X 8 38 3 �'� Page 36 P)<0)< Exhibit A RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution authori�ang the filing of the attached FY 2014 Section 5307 grant application. ATTACHMENTS 1. Indian River County FY 2014 Grant Application for 49 TJSC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance 2. Resolution Authorizing the Filing of a 49 USC Ch. 53, Section 5307 FY 2014 Mass Transit Capital and Operating Assistance Grant Application 3. Grant Budget Forms APPROVED AGENDA ITEM: FOR: %�0{ BY: Indian River Co, Appr Date Admin. Legal war 3-1�.. (� Budget 3� Dept. Risk Mer. FACommunity Dcvelopment\Users\MPO\Trmisit\Grants\5307UO14%cc staff repon.doe We Page 37 P10 2 ViEftbit A Comment By: Richelle N Gosman Date Created: Nov. 02, 2015 Date Updated: None Specified Ref Section: Unknown Comment: This grant application is for vehicle purchase and other capital items. Please review this application for labor certification in accordance with DOL Section 5333(b) Certification. The grantee contact is Brian Freeman and can be reached at 772-226-1990. Part 8: Results of Reviews The reviewer did not find any errors Part 9: Agreement UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-21, October 1, 2014) On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official's electronic signature is entered for this Grant Agreement, FTA has Awarded Federal assistance in support of the Project described below. Upon Execution of this Grant Agreement by the Grantee named below, the Grantee affirms this FTA Award, and enters into this Grant Agreement with FTA. The following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," FTA MA(21), October 1, 2014, http://www.fta.dot.gov/documents/21-Master.pdf, (2) The Certifications and Assurances applicable to the Project that the Grantee has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued. FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING THE DATE OF THIS FTA AWARD SET FORTH HEREIN. FTA AWARD FTA hereby awards a Federal grant as follows: Proiect No:, FL -907X888-00 Grantee: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Citation of Statute(s) Authorizinq Project: 49 USC 5307 - (MAP 21) Urbanized Area Formula (FY2013 and forward) Estimated Total Eligible Cost (in U.S. Dollars): $3,584,987 Maximum Total FTA Amount Awarded (in U.S. Dollars): $2,384,987 Page 38 P10 3 VieExehibit A Amount of This FTA Award fin U.S. Dollars): $2,384,987 Maximum Percentage(s) of FTA Participation: Percentages of Federal participation are based on amounts included in the Approved Project Budget, modified as set ,forth in the text following the Project Description. U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements: Original Project Certification Date: 11/20/2015 Project Description: FY 2015 Capital & Operating Assistance The Project Description includes information describing the Project within the Project Application submitted to FTA, and the Approved Project Budget, modified by any additional statements displayed in this Grant Agreement, and, to the extent FTA concurs, statements in other documents including Attachments entered into TEAM -Web. A letter is attached to TEAM dated 9/21/15 from FDOT confirming toll revenue credits in the amount of $296,247 for this application. Awarded By: Yvette Taylor Regional Administrator FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION 11/23/2015 EXECUTION OF GRANT AGREEMENT Upon full execution of this Grant Agreement by the Grantee, the Effective Date will be the date FTA or the Federal Government awarded Federal assistance for this Grant Agreement. By executing this Grant Agreement, the Grantee intends to enter into a legally binding agreement in which the Grantee: (1) Affirms this FTA Award, (2) Adopts and ratifies all of the following information it has submitted to FTA: (a) Statements, (b) Representations, (c) Warranties, (d) Covenants, and (e) Materials, (3) Consents to comply with the requirements of this -FTA Award, and (4) Agrees to all terms and conditions set forth in this Grant Agreement. By executing this Grant Agreement, I am simultaneously executing any Supplemental Agreement that may be required to effectuate this Grant Agreement. Executed by: Phillip J Matson Director 3 g Y - Z15 Page 39 P104 Exhibit A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: . Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, P; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Directorp(h FROM: Brian Freeman, AICP; Senior Transportation Planner Q� DATE: April 24, 2015 10i SUBJECT: Request for Authorization to Submit an FY 2015 Grant Application for 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 5, 2015. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received grant funds under 49 USC Ch. 53, Section 5307. Those funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoI.ine (fixed route) and the Community Coach (demand response) transit services. According to federal regulations, Section 5307 program grants may be used for the planning, acquisition, construction, improvement, and operating costs of facilities, equipment, and associated capital maintenance items used in mass transportation service. While operating expenses require a 50% nonfederal match, capital expenses require only a 20% nonfederal soft match (which effectively provides for 100% federal funding of capital expenses). In Indian River County, state toll revenue credits are utilized as a soft match to provide the required nonfederal share for the capital expenses portion of the Section 5307 grant. The use of a soft match eliminates the need for the County to provide a cash outlay for capital expenses. According to applicable regulations, toll revenue credits may be used as soft match only for the capital portion of a Section 5307 grant. For operating expenses, however, the nonfederal share is provided through a combination of local funds and Florida Department of Transportation (FDOT) public transportation grant funds. 17ACommunity Development\Users\MPO\TransitlGrants\5307\2015\bco staffrepo .dotx $8$ 35 Page 40 P105 Exhibit A ANALYSIS For FY 2015, the SRA has requested that the County apply for federal Section 5307 funds on the SBA's behalf so that the SRA can provide for the continuation and expansion of its GoLine/Community Coach fixed route and demand response bus services. As proposed, the grant will allow the Senior Resource Association to leverage local and state funds to continue and expand needed public transportation services within Indian River County. A copy of the County's proposed FY 2015 Section 5307 grant application is provided in Attachment #1. As required. by Federal Transit Administration (FTA) regulations, the attached grant application was prepared using ETA's Transportation Electronic Award and Management (TEAM) software. As it has in the past, the FTA requires grantees to utilize its TEAM software in the development, submittal, modification, and management of Section 5307 grants. As indicated in the attached grant application, the total proposed budget amount is $4,200,000. Of that amount, the federal portion is $3,000,000. That includes both capital and operating grant funds. Overall, the federal share of the proposed budget consists of $1,800,000 in capital expenditures and $1,200,000 in operating expenditures. For the nonfederal share of capital expenditures ($450,000), the County will use toll revenue credits as a soft match. Because a soft. match is non-cash, this amount is not included in the project total. For the nonfederal share of operating expenditures (50%), the match will consist of $600,000 in FDOT grants and $600,000 from Indian River County. In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. According to Section 5307 grant application requirements, the designated recipient (Indian River County) must hold a public hearing to obtain the views of citizens on the proposed grant application. In keeping with that requirement, staff has published a notice of the May 5th meeting and has scheduled this item as a public hearing. As a necessary prerequisite for submittal of this Section 5307 application, the MPO has included the proposed Section 5307 funding in its FY 2015-2019 Transportation Improvement Program (TIP). The proposed grant application is also consistent with the MPO's adopted ten year Transit Development Plan and 2035 Long Range Transportation Plan. To apply for Section 5307 funds, the Hoard of County Commissioners must adopt the attached resolution (Attachment #2), authorizing staff to submit the attached grant application. The resolution has been reviewed and approved by the County Attorney's Office. FUNDING Funding in the amount of $600,000 is budgeted and available in the General Fund I Community Transportation Coordinator account (Account Number 00111041-088230). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. FACommunity C3evelopmenilUsers\MIIO\TransiflGrants15307\2015\bccc staffreport.docx Vu Page 41 P106 Exhibit A RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution authorizing the filing of the attached FY 2015 Section 5307 grant application,. ATTACHMENTS 1. Indian River County FY 2015 Grant Application for 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance 2. Resolution Authorizing the Filing of a 49 USC Ch. 53, Section 5307 FY 2015 Mass Transit Capital and Operating Assistance Grant Application 3. Grant Budget Forms APPROVED AGENDA ITEM: FOR: BY Indian River Co, Approved Date Admin. Legal Budget l �' Dept. Risk Mer. FXommunity Devclopmenl\useisW povrransit\Grants\5307\2015\bcc staff report. ocx 8$g SJ Page 42 P107 Exhibit A Part 6: Agreement UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-22, October 1,.2015) On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official signs this Grant Agreement, FTA has obligated and awarded federal assistance as provided below. Upon execution of this Grant Agreement by the Recipient named below, the Recipient affirms this FTA Award, enters into this Grant Agreement with FTA, and binds its compliance with the terms of this Grant Agreement. The following documents are incorporated by reference and made part of this Grant Agreement` (1) "Federal Transit Administration Master Agreement," FTA MA(22), October 1, 2015, http:/Iwww.fta.dot. gov, (2) The Certifications and Assurances applicable to the FTA Award that the Recipient has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued. WHEN THE TERM "FTA AWARD" OR "AWARD" IS .USED, EITHER IN THIS GRANT AGREEMENT OR THE APPLICABLE MASTER AGREEMENT, "AWARD" ALSO INCLUDES ALL TERMS AND CONDITIONS SET FORTH IN THIS GRANT AGREEMENT FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING THE DATE OF THIS FTA AWARD SET FORTH HEREIN. FTA AWARD Federal Transit Administration (FTA) hereby awards a Federal grant as follows: Recipient Information Recipient Name: Indian River, County Of Recipient ID: 5630 DUNS No: 079208989 Award information Federal Award Identification Number: FL -2016-033-001 Award Name: FY 2016.Capital & Operating Assistance 033 1�5 P108 Page 43 Exhibit A Total Eligible Cost $2,400,000 U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements: Original Certification Date: 9!812016 1:48 PM EDT TERMS AND CONDITIONS Special Conditions There are no special conditions. Awarded By: Yvette Taylor Supervisor FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION Contact Info: Yvette.Taylor@dot.gov Award Date: 9/22/2016 4:32 PM EDT EXECUTION OF THE GRANT AGREEMENT Upon full execution of this Grant Agreement by the Recipient, the Effective Date will be the date FTA or the Federal Government awarded Federal assistance for this Grant Agreement. By executing this Grant Agreement, the Recipient intends to enter into a legally binding agreement in which the Recipient: (1) Affirms this FTA Award, (2) Adopts and ratifies all of the following information it has submitted to FTA: (a) Statements, (b) Representations, (c) Warranties, (d) Covenants, and (e) Materials, (3) Consents to comply with the requirements of this FTA Award, and (4) Agrees to all terms and conditions set forth in this Grant Agreement. Executed By: Phillip Matson Director Indian River, County Of 9/23/2016 9:20 AM EDT 033 ��S Page 44 P109 Exhibit A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: 1---� - Stan Boling,. P; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director�� FROM: Brian Freeman, AICP; Senior Transportation Planner G F DATE: April 8, 2016 SUBJECT: Request for Authorization to Submit an FY 2016 Grant. Application for 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 19, 2016. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received grant funds under 49 USC Ch. 53, Section 5307. Those funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed route) and the Community Coach (demand response) transit services. According to federal regulations, Section 5307 program grants may be used for the planning, acquisition, construction, improvement, and operating costs of facilities, equipment, and associated capital maintenance items used in mass transportation service. While operating expenses require a 50% nonfederal match, capital expenses require only a 20% nonfederal soft match (which effectively provides for 100% federal funding of capital expenses). In Indian River County; state toll revenue credits are utilized as a soft match to provide the required nonfederal share for the capital expenses portion of the Section 5307 grant. The use of a soft match eliminates the need for the County to provide a cash outlay for capital expenses. According to applicable regulations, toll revenue credits may be used as soft match only for the capital portion of a Section 5307 grant. For operating expenses, however, the nonfederal share is provided through a combination of local funds and Florida Department of Transportation (FDOT) public- transportation grant funds. rACommuniry Development\UsersIMPCITTansit\Grents\530MO)6\bcc staffmport.doca b33 3/5 Page 45 Pilo Exhibit A ANALYSIS For FY 2016, the SRA has requested that the County apply for federal Section 5307 funds on the SRA's behalf so that the SRA can provide for the continuation and expansion of its GoLine/Coinmunity Coach fixed route and demand response bus services. As proposed, the giant will allow the Senior Resource Association to leverage local and state funds to continue and expand needed public transportation services within Indian River County. A copy of the County's proposed FY 2016 Section 5307 grant application is provided in Attachment 41. As required by Federal Transit Administration (FTA) regulations, the attachedgrant application was prepared using FTA's Transit Award Management System (TrAMS) sof fare. As it has in the past, the FTA requires grantees to utilize its TrAMS software in the development, submittal, modification, and management of Section 5307 grants. As indicated in the attached grant application, the total proposed budget amount is $3,557,253-1. Of that amount, the federal portion is $2,357,253. That includes both capital and operating grant funds. Overall, the federal share of the proposed budget consists of $1,157,253 in capital expenditures and $1,200,000 in operating expenditures. For the nonfederal share of capital expenditures ($289,314), the County will use toll revenue credits as a soft match. Because a soft match is non-cash, this amount is not included in the project total. For the nonfederal share of operating expenditures (50%), the match will consist of $600,000 in FDOT grants and $600,000 from Indian River County. In this case; the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. According to Section 5307 grant application requirements, the designated recipient (Lndian River County) must hold a public hearing to obtain the views of citizens on the proposed grant application. In keeping with that requirement, staff has published a notice of the May 5th meeting and has scheduled this item as a public hearing. As a necessary prerequisite for submittal of this Section 5307 application, the MPU has included the proposed Section 5307 funding in its FY 2016-2020 Transportation Improvement Program (TIP). The proposed grant application is also consistent with the MPO's adopted ten year Transit Development Plan and 2040 Long Range Transportation Plan. To apply for Section 5307 funds, the Board of County Commissioners must adopt the attached resolution (Attachment #2), authorizing staff to submit the attached grant application. The resolution has been reviewed and approved by the County Attorney's Office. FUNDING Funding in the amount of $600,0.00 is budgeted and available in the General Fund ! Community Transportation Coordinator account (Account Number 00111041-088230). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. FACommunity Dcvclopment\Usasl.MPOkTransit�C,tants�530712016\t= staff mpomdoex 0-33 4� Page 46 Pill Exhibit A RECQWV IENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution authorizing the filing of the attached FY 2016 Section 5307 grant application. ATTACIDIENTS 1. Indian River County FY 2016 Grant Application for 49 USC Ch. 53; Section 5307 Mass Transit Capital and Operating Assistance 2. Resolution Authorizing the Filing of a 49 USC Ch. 53, Section 5307 FY 2016 Mass Transit Capital and Operating Assistance Grant Application 3. Grant Budget Forms APPROVED AGENDA ITEM: FOR: Byc Qom, A = cin FACommuniry Dcvc1opmenfCserslMPG-.Transit\GrantsL5307%20161bec staff repomdo x v 33 -515 Page 47 P112 Indian River Co, Approved Date Admin. i f . Leeal Budgetr4l f Dept. %112116 Risk **^^ FACommuniry Dcvc1opmenfCserslMPG-.Transit\GrantsL5307%20161bec staff repomdo x v 33 -515 Page 47 P112 EXHIBIT B [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check or credit card payment. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1st may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." Page 48 P113 EXHIBIT C STANDARD TERMS FOR GRANT CONTRACT Venue: Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 2. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor. The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment. This Contract may not be assigned by the Subrecipient without the prior written consent of the County. - EXHIBIT C - Page 49 P114 Indian River County Grant Contract Subrecipient Award This Grant Contract ("Contract") entered into effective this 1st day of October 2016 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and Treasure Coast Homeless Services Council, Inc. ("Subrecipient"), 2525 St. Lucie Avenue, Vero Beach, FL 32960 (Address), 064340768 (Unique Entity Identifier) for Continuum of Care grants (Name of Subrecipient's Program) Background Recitals A. The County received see attached list (Federal and/or State Award Identification) ("Award") from the Department of Housing and Urban Development (HUD) (Federal agency) on see attached list (date), the Award Date. B. The Awards are for homeless rental assistance and homeless management information system (i.e., administration of the programs) (Project Description - provide enough information to give the public a good idea of the purpose and intended outcomes of the subaward). C. The Federal Award Identification Numbers ("FAIN") for the Awards, if applicable, is see attached list (FAIN). D. The Catalog of Federal Domestic Assistance ("CFDA') Number for the Awards, if applicable, is see attached list (CFDA). The total dollar amount made available under the Awards are $ see attached list. E. The indirect cost rate for the Award, including if the de minimis rate is charge, per federal regulations is up to 10 percent on rental assistance grants: however 7% has been agreed upon between the County and TCHSC. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient attached hereto as Exhibit "A" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Research and Development The award under this Contract is not for research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as Page 1 P115 other research and development activities and where such activities are not included in the instruction function. 4. Term The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) see attached ist ("Grant Period"). The Grant Period and performance start date commences on see attached list. Grant Funds and Payment. The approved Grants for the Grant Period is see attached list ($1,688,549). The amount of federal funds obligated under this Contract by the County to the Subrecipient is see attached list ($1,688,549). The total amount of the Awards committed to the Subrecipient by the County is see attached list ($1,688,549). The total amount of federal funds obligated to the Subrecipient by the County, including the current obligation is see attached list ($1,688,549). The County agrees to reimburse the Subrecipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs. Subrecipient is permitted to charge an indirect cost rate of 7% to the federal award. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs) 7. Additional Obligations of Subrecipient. 7.1 Records. The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial Pages statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws. The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part.200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. 7.3 Performance Reports. The Subrecipient shall submit cumulative, Performance Reports to the Finance Department of the County within 90 days following the completion of the grant. These reports should include but not limited to grant expenses and other statistics as required by the grants during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 7.4 Audit Requirements. If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal Page 2 P116 year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period. 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Requirements. Subrecipient shall, no later than October 1, 2017, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Subrecipient's place of business, of any and Page 3 P117 all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 7.7 Indemnification. The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.8 Public Records. The Subrecipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772)226-1424 PUBLICRECORDS(&-IRCGOV.COM Indian River County of the County Attorney 180127 th Street Vero Beach, FL 32960 8. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. Page 4 P118 9. Notice and Contact Information - Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: County: Mike Smykowski, Budget Director Indian River County 1801 27t' Street Building A Vero Beach, FL 32960 Subrecipient: Louise Hubbard, Executive Vice President Treasure Coast Homeless Services Council, Inc. 2525 St. Lucie Avenue Vero Beach, FL 32960 10. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference. 12. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Courts & Comptroller By: Deputy Clerk Approved: Jason Brown, County Administrator SUBRECIPIENT: By: Louise Hubbard, Executive Vice President Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Agency Name: Treasure Coast Homeless Services Council, Inc. Page 5 P119 Exhibit A idian River County BOCC :ontinuum of Care Grants lescription/Grant Name Federal Award ID # CFDA# 04/05/16 Amount :ONTINUUM OF CARE - HMIS FL0308L4HO91507 14.267 $ 24,821 ,ONTINUUM OF CARE - RENTAL ASSISTANCI FL0338L4HO91502 14.267 $ 69,816 :ONTINUUM OF CARE - RENTAL ASSISTANCI FL0338L4HO91603 14.267 $ 69,816 :ONTINUUM OF CARE - RENTAL ASSISTANCI FL036OL4HO91506 14.267 $ 91,344 :ONTINUUM OF CARE - RENTAL ASSISTANCI FL036OL4HO91607 14.267 $ 91,344 :ONTINUUM OF CARE - RENTAL ASSISTANCI FL038OL4HO91501 14.267 $ 88,116 :ONTINUUM OF CARE - RENTAL ASSISTANCI FL038OL4HO91602 14.267 $ 88,116 :ONTINUUM OF CARE - HMIS FL0418L4HO91402 14.267 $ 27,840 :ONTINUUM OF CARE - HMIS FL0418L4HO91503 14.267 $ 27,840 :ONTINUUM OF CARE - RENTAL ASSISTANCI FL044OL4HO91504 14.267 $ 107,232 :ONTINUUM OF CARE - RENTAL ASSISTANCI FL044OL4HO91605 14.267 $ 107,232 :ONTINUUM OF CARE - RENTAL ASSISTANCI FL0113L4H091503 14.267 $ 94,272 :ONTINUUM OF CARE - RENTAL ASSISTANCI FL0113L4H091604 14.267 $ 94,272 :ONTINUUM OF CARE - RENTAL ASSISTANCI FL0114L4H091508 14.267 $ 69,816 ,ONTINUUM OF CARE - RENTAL ASSISTANCI FL0114L4H091609 14.267 $ 69,816 :ONTINUUM OF CARE - HMIS FL0116L4H091508 14.267 $ 35,400 :ONTINUUM OF CARE - RENTAL ASSISTANCI FL0119L4H091508 14.267 $ 265,728 :ONTINUUM OF CARE - RENTAL ASSISTANCI FL0119L4H091609 14.267 $ 265,728 ,UBTOTAL OF AWARDS $ 1,688,549 Award Date Grant Period 04/05/16 10/01/16 to 09/30/17 05/06/17 09/01/16 to 08/31/17 12/20/16 09/01/17 to 08/31/18 04/05/16 06/01/16 to 05/31/17 12/20/16 06/01/17 to 05/31/18 04/05/16 08/01/16 to 07/31/17 12/20/16 09/01/17 to 08/31/18 01/26/15 01/01/16 to 12/31/16 04/05/16 01/01/17 to 12/31/17 04/05/16 05/01/16 to 04/30/17 12/20/16 05/01/17 to 04/30/18 04/05/16 09/01/16 to 08/31/17 12/20/16 09/01/17 to 08/31/18 04/05/16 04/01/16 to 03/31/17 12/20/16 04/01/17 to 03/31/18 04/05/16 09/01/16 to 08/31/17 04/05/16 07/01/16 to 06/30/17 12/20/16 07/01/17 to 06/30/18 Page 6 P120 Exhibit A INDIAN RIVER COUNTY FLORIDA AGENDAITEM Assistant County Administrator / Department of General Services CONSENT AGENDA 5-3vv-t5 �e�da. Date: April 28, 2015 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael Zito, Assistant County Administrator Subject: HUD Grant Renewals for Homeless Manage en Information System (HMIS) and Continuum of Care (CoQ Program DESCRIPTION AND CONDITIONS: ,t The Federal Department of Housing and Urban Development ("HUD") will continue offering,permanent supportive housing to persons experiencing homelessness as well as services including health care, and mental health counseling. Applications were submitted for Fiscal Year (FY) 2014 Continuum of Care (CoQ Program and were officially awarded in January of 2015. The grants are divided into two categories: Supportive Housing Program Grants (HMIS) and Continuum of Care (formerly Shelter Plus Care) Program. The grants are administered by the Treasure Coast Homeless Services Council, Inc. ("TCHSC") ,in cooperation with the Human Services Division of the State Health Department and Indian River County. In the past, the County has advanced payment requests to the TCHSC upon receipt of a letter from HUD acknowledging the grants and prior to receipt of the actual grant renewal agreements. Last year, the Board of County Commission approved the reimbursement of funds advanced by the TCHSC following receipt of the award letters but prior to receipt of the renewal agreements. This year the TCHSC has agreed to withhold any reimbursement request until the grant renewals are received from the Jacksonville Office. There is no longer a requirement for the execution of the entire grant agreement as has been the case in the past. There is only the "scope of work" which will contain relevant project information as outlined in Exhibit #C. ANALYSIS: Two grant renewals highlighted below have already expired prompting the TCHSC to once again request the County to expedite the approval process upon receipt of the award letters and grant renewals. According to recent correspondence from the TCHSC, the grant awards have been announced and are posted to the HUD website. In order to expedite the execution of the grants, the TCHSC is requesting advance approval of the renewals subject to review and consent by the County Attorney's Office. F-.Wsistant County Administrator\AGENDA ITEMS\2015\BCC 05 MAY 2015\BCCMemo-05-05-2915 HUD Grant Renewals Final.doe 168 Page 7 P121 Exhibit A April 28, 2015 Page two Renewal FY 2013 Grant Renewal Projects YU114iiAH091407 Alcohope Renewal $ 67,152 (Renewal of FL01141AR091306 FLO4401AH091403 New Horizons 2 $ 102,180 (Renewal of FLO4401AR091302 FU3601AH091405 IR Chronics renewal $ 86,988 (Renewal of FL03601AH091304 FL01I91AH091407 New Chronics $ 102,804 (Renewal of FIA 119L4H091306 FMI201AH091407 New Horizons 1 $ 150,252 (Renewal of FLO1201AH091306 FU 1161 AH091407 HMIS Expansion Renewal $ 35,400 (Renewal of FU)116L4H091306 FU U31AH091402 CoC Wide TRA Renewal $ 94,272 (Rciiewal ofF1.0113LAH091301 FIA308IAH091406 CoC Wide HMIS Renewal $ 24,821 (Renewal of FL0308L4H091305 FLO4191 AH091402 HMIS Data Quality ,i $ 27,&W {Renewal of FLO4181AH091301 F'1A338L411091401 CoC Wide TRA TWO Renewal $ 67,152 ofFL0338M090900 TOTAL: $ 758,861 FUNDING• The grants do not rewire matching funds from the county. RECUlVil4WNDATIflN: Staff recommends the Board to. 1) aclatowledge the renewal of awards by HUD in the aggregate amount of $758,861; 2) Authorize the Budget Office to process reimbursement requests from the TCHSC pursuant to the terms of the original grants; 3) upon receipt of the original HUD agreements and with approval by County Attorney, authorize the Board Chairman to execute; 4) allow the Treasure Coast Homeless Services Council to submit the grant agreement on behalf of the County. ATTACHMENTS: Exhibit A - Treasure Coast Homeless Services Council Inc. letter received 04-16-2015 Exhibit 13 - U.S. Department of Housing and Urban Development letter of January 26, 2015 Exhibit C - Communication from U. S. Dept of Housing and Urban Development, Office of Community Planning and Development Approved Agenda Item For. May 05, 2015 !.► of .►1 �I� +G_ ��1/ *4 :. r MTV. . 2 Cha MA ' �E : a��mi'.,� 11Fryi' Z LPA; 169 Page 8 P122 Exhibit A U.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT �* �" S. a WASHINGTON. DC 20410-7WO OFFICE OFASSMAW SECRETARY FOR COMMiMM P1JiMM AND DrM OPMENr January 26, 2015 Mr. Bradley Bernauer Director, County Human Services Indian River County Board of County Commissioners 180127th street Veno Beach, FL 32960 Dear Mr. Bernauer. Congratulations! 1 am delighted to inform you that the Fiscal Year (FY) 2014 Continuum of Care (CoC) Program project application(s) your organization submitted was selected for funding in the total amount of $758,96 1. '` The CoC Program is an important part of HUD's mission. CoCs. all over the country continue to improve the lives of homeless men, women, and children through their local planning efforts and through the direct housing and service programs funded under the FY 2014 CoC Program Competition. The programs and CoCs funded through the CoC Program continue to demonstrate their value by improving accountability and performance every year. HUD commends your organization for its work and encourages it to continue to strive for excellence in the fight against homelessness. The conditionally obligated fiords for your award(s) are detailed in the enclosure, which lists: the names) of the individual project(s); the project number(s); and the specific amount(s)`of the obligation(s) for each conditionally selected application. Your local field office will be sending a letter to provide your organization with more information about finalizing your award(s), including execution of your grant agreement(s). Your organization will not have access to these funds until all conditions are satisfied and the grant agreement is fully executed. Enclosure .J3 Sincerely, Clifford ft General Deputy Assistant Secretary for Community Planning and Development w".bad ev espanathadgov 171 Page 9 P123 Exhibit A -- FLOI13L4H091402 2014 COCwide TRA RENEWAL $94,272 FL0114L4H091407 2014 Alcohope Renewal $67,152 FLOI 16LAH091407 2014 CoC HMiS EXPANSION RENEWAL $35,400 ,t FL0119L4H091407 2014 NEW CHRONIC RENEWAL $102,804 FL0120L4H091407 2014 new horizons I renewal $150,252 1� FLO3081AH091406 2014 CoCWIDE HMIS renewal $24,821 FL0338L4H091401 2014 CoCTRA TWO renewal $67,152 FL036OL4HO91405 2014 Indian River CHRONICS renewal $86,988 L04181,411091402 2014 Innis DATA QUALITY renewal $27,840 171,04401,4H091403 2014 NEW HORIZONS 2 RENEWAL $102,180 172 Page 10 P124 Exhibit A CONSENT AGENDA . � 4 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator Department of General Services Date: June 20, 2016 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator Thru:, Michael Zito, Assistant County Administrat From: Brad Bernauer, Director County Human Se:ces' Subject: 2015 HUD Grant Renewals for Homeless Management Information System (HMIS) and Continuum of Care (CoQ Program DESCRIPTION AND CONDITI N,�: The Federal Department of Housing and Urban Development ("HUD") will continue offering permanent supportive housing to persons experiencing homelessness as well as services including health care, and mental health counseling. Applications were submitted for Fiscal Year (FY) 2015 Continuum of Care (CoC) Program and were officially awarded. The grants are divided into two categories: Supportive Housing Program Grants (HMIS) and Continuum of Care (formerly Shelter Plus Care) Program. The grants are administered by the Treasure Coast Homeless Services Council, Inc. ("TCHSC") in cooperation with the Human Services Division of the State Health Department and Indian River County. In the past, the County has advanced payment requests to the TCHSC upon receipt of a letter from HUD acknowledging the grants and prior to receipt of the actual grant renewal agreements. Last year, the Board of County Commission approved the reimbursement of funds advanced by the TCHSC following receipt of the award letters but prior to receipt of the renewal agreements. This year the TCHSC has agreed to withhold any reimbursement request until the grant renewals are received from the Jacksonville Office. There is no longer a requirement for the execution of the entire grant agreement as has been the case in the past. There is only the "scope of work" which will contain relevant project information as outlined in Exhibit #C. F:1Awistant County AdministratoAAGENDA rrEMS12016WC 07 JULY 20161BCCMemo-14UD Grant Renmals.doc Page 11 62 P125 Exhibit A Page Two HUD Grant Renewals for Homeless Management information System (HMIS) and Continuum of Care (CoC) Program For July 5, 2016 BCC Agenda Renewal FY 2015 Grant Renewal Projects FLO1131AN091503 COC Wide TRA Renewal $ 94,272 1''ik1141AH0915N 2015 Alcohope Renewal $ 69,816 FUI16L4H091508 2015 CoC HMIS Expansion Renewal $ 35,400 FL01191AH091$08 2015 New Chronics Renewal $ 107,952 FIA1201AH091508 2015New Horizons 1 $ 157,776 FLO3091AR091507 2015 CoCWIDE HMIS $ 24,821 �} �itiy`r FL4036OLK091506 2015 Indian River CHRONICS $ 91,344 FL0380L4H091501 2015 family S+C FIRST RENEWAL 5 88,116 FL0418L4H091503 HIMS Data Quality $ 27,840 FLO4401AH091504 • 2015 NEW HORIZONS 2 RENEWAL $ 107,232 ' TOTAL: $ 804,S69 FUNDING: These grants require NO MATCHING FUNDS from the county and there are no changes from previous years in the way the funds are disbursed. RECOMMENDATION: Staff recommends the Board: 1) acknowledge the renewal of awards by HUD in the aggregate amount of $804,569. 2) Authorize the Budget Office to process reimbursement requests from the TCHSC pursuant to the terms of the original grants; 3) allow the Treasure Coast Homeless Services Council to submit the grant agreement on behalf of the County. ATTACHMENTS: Exhibit A - Treasure Coast Homeless Services Council Inc. letter dated 06/1012016 Exhibit B - U.S. Department of Housing and Urban Development letter of April 5, 2016 Exhibit C — Notice that execution of the entire grant agreement is no Ionger required. Approved Agenda Item For: Julv 05. 201 Joleph A. Baird County Administrator 2 Indian River Co. Approved Date Administration 92—un—ityAttorne Bud Department Risk Management F.-Ussistant County AdministratoMGENDA ITEMS120161BCC 07 JULY 20161BCCMemo- HUD Grant Renmals.doc 63 Page 12 P12 6 Exhibit A L.S. DEPARTMENT OF HOUSING ANIS URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 OFFICE OF ASSISTAN7 SECRETARY FOR COMMUNITY PLANNING AND DEVM.OPMENT April 05, 2016 Mr. Bradley Bernauer Director, County Human Services Indian River County Board of County Commissioners [801 27th Street Vero Beach, FL 32960 Dear Mr. Bernauer: Congratulations! 1 am delighted to inform you that the Fiscal Year (FY) 2015 Continuum of Care (CoC) Program project application(s) your organization submitted was selected for funding in the total amount of $804,569. 'k The CoC Program is an important part of HUD's mission. CoCs all over the country continue to improve the lives of homeless men, women, and children through their local planning efforts and through the .direct housing and service programs'funded under the FY 2015 CoC Program Competition, l"he,programs and CoCs funded through the CoC Program continue to demonstrate their value by improving accountability and performance every year. HUD commends your organization for its work and encourages it to continue to strive for excellence in the fight against homelessness. The conditionally obligated funds for your award(s) are detailed in the enclosure, which lists: the name(s) of the individual project(s); the project number(s); and the specific amount(s) of the obligation(i) for each conditionally selected application. Your local field office will be sending a letter to provide your organization with more information about finalizing your award(s), including execution of your grant agreement(s). Your organization will not have access to these funds until all conditions are satisfied and the grant agreement is fully executed. Enclosure Sincerely, Clifford Ta et General Deputy Assistant Secretary for Community Planning and Development wvrw.hud.gov espaDal.hud.gov Page 13 P12 7 Exhibit A 121-01 131,4HO91503 2015CoCwide TRA Renewal $94j272 FLOI 141,4H091509 2015 Alcohop4 Renewal $69,816 FLO I 161,41.1091 50$ 2015 CoC HMIS EXPANSION RENEWAL $35,400 -,FLOI 19-L4H09 1508 2015 NEW CHRONIC RENEWAL $107,952 FLO1201.4HO91508 2015 new horizons I renewal $157,776 F1,03681,411091507 2015 CoMMIDE HMIS renewal $24,821 FL036OL4HO91506 2015 Indian River CHRONICS, renewal $91,344 FL,03801,4H091501 2015 farnily S+C FIRST RENEWAL FLO41 81,4FID91503 2015 hnus DATA QUALITY renewal $27,840 FL04401,4HO91504 2015 NEW HORIZONS 2 RENEWAL $107,232 m 67 Page 14, P128 Exhibit A CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: May 2, 2017 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael Zito, Assistant County Administrator From: Brad Bernauer, Director County Human Services Subject: HUD Grant Renewals for Homeless Management Information System (HMIS) and Continuum of Care (CoQ Program DESCRIPTION AND CONDITIONS: The Federal Department of Housing and Urban Development (HUD) will continue offering permanent supportive housing to persons experiencing homelessness as well as services including health care, and mental health counseling. Applications were submitted for Fiscal Year (FY) 2016 Continuum of Care (CoQ Program and were officially awarded. The grants are divided into two categories: Supportive Housing Program Grants (HMIS) and Continuum of Care (formerly Shelter Plus Care) Program. The grants are administered by the Treasure Coast Homeless Services Council, Inc. ("TCHSC") in cooperation with the Human Services Division of the State Health Department and Indian River County. In the past, the County has advanced payment requests to the TCHSC upon receipt of a letter from HUD acknowledging the grants and prior to receipt of the actual grant renewal agreements. Last year, the Board of County Commission approved the reimbursement of funds advanced by the TCHSC following receipt of the award letters but prior to receipt of the renewal agreements. This year the TCHSC has agreed to withhold any reimbursement request until the grant renewals are received from the Jacksonville Office. \\10.176.2.252\granicus_nas\insite\files\IRCG\Attachments\2597ce01-538c-4 M-8fe4-251306780e3.doc Page 15 P129 Exhibit A Page Two HUD Grant Renewals for Homeless Management Information System (HMIS) and Continuum of Care (CoC) Program FY 2016 Grant Renewal Projects FL0338L4HO91603 2016 CocTRA 2 $ 69,816 FL0360UH091607 2016 Indian River CHRONICS $ 91,344 FL011914HO91609 2016 New Chronics Renewal $265,728 FL0113L4H091604 2016 COCwide TRA $ 94,272 FL038OL411091602 2016 Family Rental Assistance $ 88,116 FL0114UH091609 2016 Alcohope Renewal $ 69,816 FL0440UH091605 2016 NEW HORIZONS TWO RENEWAL $107,232 F1011614HO91609 2016 HMIS Expansion Renewal $ 35,400 FL0418L4HO91604 2016 Data Quality Renewal $ 27,840 TOTAL: $ 849,564 TCHSC Difu TC})SC D1reL FUNDING: These grants require NO MATCHING FUNDS from the county and there are no changes from previous years in the way the funds are disbursed. RECOMMENDATION: Staff recommends the Board: 1) Acknowledge the renewal of awards by HUD in the aggregate amount of $849,564. 2) Authorize the Budget Office to process reimbursement requests from the TCHSC pursuant to the terms of the original grants. 3) Approve the budget resolution amending the fiscal year 2016/2017 budget. ATTACHMENTS: U.S. Department of Housing and Urban Development letter of February 15, 2017 and list of conditionally obligated funds awarded. Exhibit A -Budget Resolution \\10.176.2.252\granicus_nas\insite\iilesURCGWttachments\2597ce01-538c 4f60-8fc4-2513c96780e3.doc Page 16 P130 Exhibit A .'JWV-PQ ; U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT * 1 IIII * ^ WASHINGTON, DC 20410.7000 OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPME1,7 February 15, 2017 Mr. Bradley Bernauer Director, County Human Services Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Mr. Bernauer: Congratulations! I am delighted to inform you that the Fiscal 'Year (FY) 2016 Continuum of Care (CoC) Program project application(s) your organization submitted was selected for funding in the total amount of $849.564. The CoC Program is an important part of HUD's mission. CoCs all over the country continue to improve the lives of men, Nvomen, and children experiencing homelessness through their local planning efforts and through the direct housing and service programs funded under the I'Y 2016 CoC Program Competition. The programs and CDCs funded through the CoC Program continue to demonstrate their value by improving accountability and performance every year. HUD commends your organization for its work and encourages it to continue to strive for excellence in the tight against homelessness. The conditionally obligated funds for your award(s) are detailed in the enclosure, which lists: the name(s) of the individual project(s); the project number's); and the specific amount(s) of the obligation(s) for each conditionally selected application. Your local field office will be sending a letter to provide your orgatiization with more information about finalizing your award(s), including execution of your grant agrcement(s). Your organization will be able to access these funds once all conditions are satisfied and the grant agreement is fully executed. Enclosure Sincerely, Clifford Ta ct General Deputy Assistant Secretary for Community Planning and Development wo-".hud.gov espanol.bud.gov Page 17 P131 Exhibit A FL03381,41-1091603 2016 CoC TRA 2 $69,816 FL036OL4H091607 2016 Indian River CHRONICS $91,344 FLO] 191,41-1091609 2016 New Chroncics Renewal $265,728 FLO 113L4H091604 2016 COCwide TRA $94,272 FL039OL4HO91602 2016 FAMILY RENTAL ASSISTANCE $88,116 FLO 1141,41-1091609 2016 Alcohope Renewal $69,816 FL0440L4HO91605 20]6 NEW HORIZONS TWO RENEWAL $107,232 FLO 1161,4H091609 2016 HM1S Expansion Renewal $35,400 FLO418L4HO91604 2016 Data Quality Renewal 527,840 Total Awarded: 5849,564 Page 18 P132 Exhibit A ; i^i � xtri U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHING'T'ON, DC 20410.7000 tae cunt OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT May 06, 2016 Mr. Bradley Bernauer Director, County Human Services Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Mr. Bernauer: Congratulations! I am delighted to inform you that the Fiscal Year (FY) 2015 Continuum of Care (CoQ Program project application(s) your organization submitted was selected for funding in the total amount of $69,816. The CDC Program is an important part of HUD's mission. CoCs all over the country continue to improve the lives of homeless men, women, and children through their local planning efforts and through the direct housing and service programs funded under the FY 2015 CDC Program Competition. The programs and CoCs funded through the CDC Program continue to demonstrate their value by improving accountability and performance every year. HUD commends your organization for its work and encourages it to continue to strive for excellence in the fight against homelessness. The conditionally obligated funds for your award(s) are detailed in the enclosure, which lists: the name(s) of the individual project(s); the project number(s); and the specific_ amount(s) of the obligation(s) for each conditionally selected application. Your local field office will be sending a letter to provide your organization with more information about finalizing your award(s), including execution of your grant agreement(s). Your organization will not have access to these funds until all conditions are satisfied and the grant agreement is fully executed. Enclosure I— Sincerely, Clifford Ta et General Deputy Assistant Secretary for Community Planning and Development %ww.hud.gov espanol.hud.gov Page 19 P133 Exhibit A Enclosure r'-•. FL0338L4H091502 2015 CoC TRA 2 $69,816 Total Amount: $69,816 Page 20 P134 EXHIBIT B [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check or credit card payment. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 11 may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary Page 21 P135 EXHIBIT C STANDARD TERMS FOR GRANT CONTRACT Venue: Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 2. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor. The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment. This Contract may not be assigned by the Subrecipient without the prior written consent of the County. Page 22 P136 Carole Jean Jordan, CFC Tax Collector �LORiDA "HOW MAY WE HELP You?� MEMORANDUM TO: Jason Brown, County FROM: Carole Jean Jordan, Tax Coll tq+F U SUBJECT: Consent Agenda Item DATE: August 14, 2017 Please place the following item on the Consent Agenda for the Board of County Commissioners meeting on Tuesday, September 12, 2017. The Property Appraiser's office has informed us that due to the scheduling of the Value Adjustment Board hearings, it will be necessary for them to certify the 2016 tax roll to us prior to the conclusion of the hearings. Pursuant to Florida Statute 197.323 (see attached excerpt), I am requesting that the Indian River County Board of County Commissioners order the tax roll to be extended prior to the completion of the Value Adjustment Board hearings. The statute gives the Board this authority if completion of the hearings would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1, 2017. Should you have questions or if I may be of any assistance, please feel free to contact me at extension 1337. Thank you for your attention to this matter. 1800 27th Street, Bldg. B, Vero Beach, FL 32960-0310 E-mail: HowMayWeHelpYou0IRCTax.com + Website: www.IRCTax.com Phone: (772) 226-1338 4 Fax(772)770-5009 P137 Statmtv,�;_Constitutibn Mew Statutes : Online Sunshine Select Year: 2017 r,_Go,i ,��= ^�x�2017 Florida Statutes Titte'XI Chapter 19 View Entire Chapter TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS 197.323 Extension ofroll during adjustment board hmaMmgs.— (1) Notwithstanding the provisions of s. the board mfcounty commissioners may, upon request by the tax collector and bymajority vote, order the mUtobeextended prior to cm�letion of value adjustment board hearings, if completion thereof would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1, For any parcel for which tax tiability is subsequently aftered as a result ufboard action, the tax collector shalt resolve the matter bvfollowing the same procedures used for correction of errors. However, approval by the department is not required for refund of overpayment made pursuant Lothis section. (2) A tax certificate or warrant shalt not be issued under s. or s. 197.432 with respect to delinquent taxes on real, orpersonal property for the current year ifa petition currently filed with respect to such property has�riot received final action bvthe value adjustment board. Copyright (D 1995-2017 The Florida Legislature - Privacy Statement , Contact U CONSENT 911. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Etta LoPresti, Emergency Management Coordinator Department of Emergency Services DATE: August 21, 2017 SUBJECT: Acceptance and Approval of Expenditures for Emergency Management Federally - Funded Subgrant Agreement (EMPG) 18 -FG -XX -10 -40 -01 -XXX It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully maintain and operate an Emergency Management Program. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. EMPG Base Grant funding is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). The Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. The Florida Division of Emergency Management provides funding to Indian River County Emergency Management. The total funding allocated with this agreement (18 -FG -XX -10 -40 -01 -XXX) is $77,858.00. EMPG allowable costs are divided into the following categories as referenced in the 2016-2019 Emergency Management Strategic Plan: organizational, planning, training, exercise & equipment. FUNDING: This is a 100% funded agreement and no match is required by Indian River County. The term of the agreement is from July 1, 2017 through June 30, 2018. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. P13 9 Item Amount Account Number Software Services $32,020.00 00120825-035120-05050 (Annual recurring costs - "Sole Source") • ShareFile (Citrix Online LLC) $840.00 • WebEOC (ESI Acquisition, Inc.) $28,734.00 • VueToo (FGX LLC) $2,446.00 EOC AN Upgrade — replacement of equipment $45,838.00 00120825-066490-05050 TOTAL $77,858.00 RECOMMENDATION: Staff recommends the acceptance of the Federally Funded Subgrant Agreement (18 -FG -XX -10- 40 -01 -XXX), associated expenditures and authorization for the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida Division of Emergency Management. ATTACHMENTS: 1. Budget Office Grant Form 2. Three (3) Original Copies of EMPG Agreement (18 -FG -XX -10 -40 -01 -XXX) P14 0 GRANT NAME: EMPG Grant GRANT# ] 8 -FG -XX -10 -40 -01 -XXX AMOUNT OF GRANT: $ 77,858.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John Kine PHONE NUMBER: 772-226-3859 I . How long is the grant for? I year Starting Date: July 1. 2017 2, Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% N/A 011.13 5. Grant match amount required $ N/A N/A N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? N/A N/A 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? N/A NIA (Attach a detail listing of costs) $ N/A 012.12 8. Are you adding any additional positions utilizinthe grant funds? If yes, please list. (If additional space is neededgplease attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages T N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A NIA N/A . N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/ 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 0]2.14 Worker's Compensation N/A N/A N/A N/A N/A Ol2.l 7 S/Sec. Medicare Matching N/A N/A /A N/AN/A TOTAL N/A N/ N/A N/A N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A S N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer: Lw Date: August 2, 2017 P141 Grant Other Match Costs First Year $ N/A $ N/A S N/A S N/A Second Year S N/A S N/A $ N/A N/A Third Year $ N/A $ N/A S N/A $ N/A Fourth Year $ N/A $ N/A N/A $ N/A Fifth Year $ N/A N/A $ NIA N/A Signature of Preparer: Lw Date: August 2, 2017 P141 Contract Number: 18-FG---1040-01-- FEDERALLY-FUNDED 8-FG-_10-40-01= FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract" As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub -Recipient' means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non -Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub -Recipient's name: Sub -Recipient's unique entity identifier (DUNS): Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub -Recipient by the pass-through entity: Federal award project description (see FFATAy The purpose of the Emerge Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is Research & Development: Indirect cost rate for the Federal award: Indian River County 07-920-8989 July 1. 2017 — June 30, 2018, $ 77,858.00 $ 77,858.00 $15.865*902 The Department of Homeland Security (DHS) Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 97.042 No {NIA) 24.13% Pl4 2 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a sub -award. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: The Sub -Recipient represents that it fully qualified and eligible to receive these grant funds to provide the services identified herein; ➢ The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, ➢ The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: 1. LAWS, RULES, REGULATIONS AND POLICIES The Division and the Sub -Recipient shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment C. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. A. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." B. 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. C. This Agreement involves "Federal financial assistance," as that term is defined in section 215.97(2)(0, Florida Statutes. D. As required by Section 215.971(1), Florida Statutes, this Agreement includes: (1) A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. (2) A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (3) A provision specifying the financial consequences that apply if the Sub -Recipient fails to perform the minimum level of service required by the agreement. 2 P143 (4) A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. (5) A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. (6) A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. 2. TERMS AND CONDITIONS This Agreement, to include the attachments, contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Division and the Sub -Recipient. 3. EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4. MODIFICATION This Agreement may only be modified or amended upon mutual written agreement of the Division and the Sub -Recipient. No oral agreements or representations shall be valid or binding upon either party to this Agreement. 5. SCOPE OF WORK The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A and Attachment B of this Agreement. 6. CONTACT A. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub,Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. (1) Monitor and document Sub -Recipient performance; and, (2) Review and document all deliverables for which the Sub -Recipient requests B. The Division's Grant Manager for this Agreement is: Joshua Bradt 2555 Shumard Oak Boulevard Tallahassee, FI 32399 Telephone: 850-813-4348 Email: Joshua.bradt@em.myflorida.com 3 P144 C. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: John King 4225 43rd Avenue Vero Beach, FL 32967-1671 Telephone: 772-226-3859 Fax: 772-567-9323 Email: jking@ircgov.com D. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 7. PERIOD OF AGREEMENT. This Agreement shall begin on July 1, 2017 and shall end on June 30, 2018 unless terminated earlier in accordance with the provisions of Paragraph (19) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under this Agreement. In accordance with 2 C.F.R. §200.309, the Sub - Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement 'only for allowable costs resulting from obligations incurred during" the period of agreement. 8. FUNDING A. This is a cost -reimbursement Agreement, subject to the availability of funds. B. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. C. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A and Attachment B of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is 177,868.00. D. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, 4 P145 civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." E. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: awards; and, (1) They are provided under established written leave policies; (2) The costs are equitably allocated to all related activities, including Federal (3) The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. F. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: (1) The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, (2) Participation of the individual in the travel is necessary to the Federal award. G. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for attendance at a conference. (1) 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non -Federal entity and is necessary and reasonable for successful performance under the Federal award." 5 P146 (2) Any reimbursement from the Division to the Sub -Recipient for the costs associated with attending a conference is subject to the Department of Financial Services' Reference Guide for State Expenditures, which states: "Reimbursement for registration fees and travel expenses in connection with attendance at conferences or conventions will not be paid unless: a) "The main purpose of the convention or conference is directly related to the statutory duties and responsibilities of the agency; b) "The duties and responsibilities of the traveler is related to the objectives of the convention or conference; and, c) "The activity provides a direct benefit supporting the work and public purpose of the person attending." 9. PAYMENTS A. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph 15 of this Agreement. B. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, . Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." C. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A and Attachment B, that clearly delineates: (1) The required minimum acceptable level of service to be performed; and, (2) The criteria for evaluating the successful completion of each deliverable. D. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. E. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: 0 P14 7 (1) Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, (2) Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. F. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statues. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. - G. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)B. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty days of receiving notice from the Division. 10. REPAYMENTS A. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management r Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 B. In accordance with Section 215.34(2), Florid Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. 11. PROCUREMENT A. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. 7 P148 §§200.318 through 200.326 as well as Appendix 11 to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). B. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." - C. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. D. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub - Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify. deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 19 below; and, solicitation. (2) Refuse to reimburse the Sub -Recipient for any costs associated with that E. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall 11 P14 9 forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. if the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 19 below; and, subcontract. (2) Refuse to reimburse the Sub -Recipient for any costs associated with that F. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. G. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." H. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: business; companies; (1) Place unreasonable requirements on firms in order for them to qualify to do (2) Require unnecessary experience or excessive bonding; (3) Use noncompetitive pricing practices between firms or between affiliated (4) Execute noncompetitive contracts to consultants that are on retainer contracts; (5) Authorize, condone, or ignore organizational conflicts of interest; P15 0 equivalent; (6) Specify only a brand name product without allowing vendors to offer an (7) Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; (8) Engage in any arbitrary action during the procurement process; or, (9) Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. I. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. J. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. K. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. L. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). 12. RECORDS A. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. B. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. 10 P151 C. As required by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of three (3) years from the date of submission of the final expenditure report. The following are the only exceptions to the three (3) year requirement: (1) If any litigation, claim, or audit is started before the expiration of the 3 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. (2) When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. (3) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. (4) When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3 -year retention requirement is not applicable to the Sub -Recipient. (5) Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. (6) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). D. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. E. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. F. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding 11 P152 agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. G. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) Meetings of public boards or commissions must be open to the public; (2) Reasonable notice of such meetings must be given; and, (3) Minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to.board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. H. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. I. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements 12 P153 and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. 13. INTELLECTUAL PROPERTY A. Except as provided below, intellectual property rights to all property created or otherwise developed under or in connection with the performance of this Agreement are hereby reserved to and shall be owned by the State of Florida. B. If the Sub -Recipient has pre-existing intellectual property rights, then the Sub - Recipient shall retain all rights and entitlements to that pre-existing intellectual property unless the Agreement provides otherwise. C. If any intellectual property is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the intellectual property to the Division for a determination whether the State of Florida will seek patent, copyright, trademark, or other intellectual property protection in its name. D. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent, copyright, trademark, or other intellectual property protection. Failure to disclose will indicate that no such property exists. The Division shall then, under Subparagraph A above, have the right to all intellectual property which accrues during performance of the Agreement. E. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. 14. AUDITS A. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. B. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2.C.F.R. - §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." C. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government 13 P15 4 auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits;" D. If an audit shows that all or any portion .of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub -Recipient of such non- compliance. E. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. F. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle Audit cDem.myflorida.com DEM Sing le Audi#@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 G. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester,census.-gov/fac/collect/ddeindex.html H. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle Audit(Wem.mvflorida.com DEMSingle—Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 15. REPORTS A. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by 14 P15 5 the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. B. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. C. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. D. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (18) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. E. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. F. The Sub -Recipient shall provide additional reports and information identified in Attachment D. 16. MONITORING. A. The Sub -Recipient shall monitor its performance under this Agreement, as well as - that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the -specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A and Attachment B to this Agreement, and reported in the quarterly report. B. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. 17. DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (18); however, the Division may make payments or partial payments 15 P156 after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: A. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; B. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; C. Any reports required by this Agreement have not been submitted to the Division or ,have been submitted with incorrect, incomplete or insufficient information; or, D. The Sub -Recipient has failed to perform and complete on time any of ii:s obligations under this Agreement. 18. REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: A. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (6) herein; Agreement; B. Begin an appropriate legal or equitable action to enforce performance of this C. Withhold or suspend payment of all or any part of a request for payment; D. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. E. Exercise any corrective or remedial actions, to include but not be limited to: (1) Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, (2) Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, (3) Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or (4) Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; 16 P157 F. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. 19. TERMINATION. A. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. B. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty calendar days prior written notice. C. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. D. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of.Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub:Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. 20. LIABILITY A. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever.nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee .or agent of the Division, but is an independent contractor. B. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of 17 P158 sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 21. ATTACHMENTS A. All attachments to this Agreement are incorporated as if set out fully. B. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. C. This Agreement has the following attachments: (1) Attachment A —Budget (2) Attachment B — Scope of Work/Deliverables (3) Attachment C — Program Statutes and Regulations (4) Attachment D — Reports (5) Attachment E — Justification of Advance Payment (6) Attachment F — Warranties and Representations (7) Attachment G — Certification Regarding Debarment (8) Attachment H — Statement of Assurances (9) Attachment I — Mandatory Contract Provisions (10)Attachment J — Allowable Costs and Eligible Activities 22. MANDATED CONDITIONS A. The validity of. this Agreement is subject to the truth and accuracy. of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of .this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub_Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. B. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. C. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. D. The Sub -Recipient: agrees to comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg. , which prohibits discrimination by public and private 18 P159 entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. E. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. F. Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; (2) Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft; forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen" property; (3) Are not presently indicted or otherwise criminally orcivilly charged by a governmental entity {federal, state or local) with commission of any offenses enumerated in paragraph 22(F)(2). of this certification; and, (4) Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. G. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. ._ H. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Sub -Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. 1. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement.. 19 P16 0 J. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. K. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. L. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION activities. A. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying B. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or.contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." C. No funds or other resources received from the, Division under this Agreement maybe used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. D. The Sub -Recipient certifies, by 'its signature to this Agreement, that to the best of his or her knowledge and belief: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification .of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 20 P161 connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities. (3) The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. (4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24)EQUAL OPPORTUNITY EMPLOYMENT M. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race; color, religion, sex, or national origin. The contractor will take affirmative action to ensure.that .applicants are employed, and that employees are treated during. employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Ji. The contractor will, in all solicitations or advertisements for. employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. iii. The contractor will send to each labor union or representative of . workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 21 P16 2 iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. V. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such.provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to, any subcontract or purchase order as the administering agency -may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation.with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. N. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. O. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency.and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 22 P163 P. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part Il, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (25)COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA,may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for.the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (26)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which 23 P16 4 are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (27)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (28)SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. M. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (29)BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). -- Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 24 P16 5 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS A. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. B. The requirement outlined in subparagraph A. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. C. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. D. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). 25 P166 (31)ASSURANCES. The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment H. (32)LEGAL AUTHORIZATION. The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. 26 P167 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. INDIAN RIVER COUNTY I I By: Name and Title: Joesph E. Flescher, Chairman Date: August 15, 2017 APPROVED t:ounfy AdminiStrazor Include a copy of the designation of authority for the signatory, if applicable. STATE OF FLORIDA Attest: Jeffrey R. Smith, Clerk o f DIVISION OF EMERGENCY MANAGEMENT Court and Comptroller By: Name and Title: Michael Kennett, Deputy Director Date: 27 By: Deputy Cietk P168 ATTACHMENT A PROPOSED PROGRAM BUDGET • Funding from the Emergency Management Performance Grant is intended for use by the Sub - Recipient to perform eligible activities as identified in Notice of Funding Opportunity (NOFO), Fiscal Year 2017 EMPG, Appendix B — FY 2017 EMPG Funding Guidelines and programs that are consistent with 2 C.F.R. Part 200, State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). • Below is a general budget which outlines eligible categories and their allocation under this award. The Sub -recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. © The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. The AEL can be found at https://www.fema.gov/authorized-equipment-list. • The transfer of funds between the categories listed in the Proposed Program Budget is permitted. If funds need to be moved in categories, send a revised Proposed Program Budget to your grant manager. .G Sub=Reciie#yeric" '`0► Planning Expenditures Organization Expenditures $32,020.00 FY 2017 — Emergency Management Performance INDIAN RIVER COUNTY Grant Program Training Expenditures Exercise Expenditures Equipment Expenditures $45,838.00 Management and Administration Expenditures (no greater than 5%) 7 ;^�k.4�."'��-• w.rtS}�,���—� ^`�:'k� a �;:,,�.1�: ,l+,i Ga{�3 .ter: ; ,3;.r� 4�:_. v it :3 i;`-�';�..7,s.�. _. a�.y�F"a .•�'+,?..t '+,� - r [ .d� 28 P169 Yom. � .:3UDCa>E D.:flL�i�_KSE�'—=�11:f= �E�:'r*1;4: ,_ .:s��;..i.•i • Z F� ..N: , t�ti_a xs" r > .rc. ...-4;:a'�;n::.< K:ic�, fi • - � rrf7. - a:?r . � x ,c �t5'�'r: :i� �:Z.r .?1�: - ' r � �-M1S"l; � i. ':`.uQ`•::. :•,�. ..iv ls'`F �_ �...'44C�::."J.C.'.J 13;'' ?.5., -i.:: X:,� 'lit"',: 37»x >,-:� ..tl:' ='.;y.. .r,:;s' . ^•�.r' ;. - `:r'J �,,7f' , X :h ?4 ,' . ., .: $ ,..'S . ..i' :* c*. -`7.21, ?.ioK.'c::,.g .:..g.-,.,,:�'.:..�::::�� a-w.�r.,.."Sofi..s%;ir;vtIQt�BlIE'Elttil0�C11��P3�i01N. ; ,�s 3p.,.,-�a�`.a, a. _ i{y Emergency Management/Operation Plan Communications Plans Continuity/Administrative Plans Whole Community Engagement/Planning Resource Management Planning Evacuation Planning Recovery Planning Credentialing and Validation Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill costs t - , ;,�.. .s �i.Y -t- +�•y n:M,._,:��. i."-ti.>7� (r ;�F� P�;?`s">�i3:$t'.}.:=.>? �r'i-i _ -�p 33��t, f� yy�� ��jj//,. yyy��j .yy•,����'"y'• �.:- --a7 J..��ST`aT�.l .,y � "-Sl+e'e,.,:�%'p!3F._. a%>`.yy�Y.'. }'.'"..'fiT3F -.:e�; a;�"'C'�i'.`M� 4�, , :�., ..:',�yF.�"�±;; n�� "•`,77�•. �.�>•� ic,'7rs'•:';` �`'�Viaa��t'��L'.yj;�;uRr3>jn%���Val�.::', ,�;� - - - s^�..7���.:�lzT-�;: :=Y.�:ryt=� y - �:,'.W`.a%Y?:'r'.�:.'• •,�S.ti'v ,�.A;L:�a-,etr�sy,.�... ;,s:r•X.�.: :,:�-- '::�'"-<c'�=:.��«34`�e>a4a,;C�y'�'c:.kr;W s��'�g .:y'- ;='�° .a�'t �.: •, s::.: - ,ui.K ... - - .'S_ Hiring of full or part -lime staff.or contractors/consultants (temporary employees, student or graduate assistant fellowships, part time academic employment, consultants and other services Overtime and backfill costs Utility (electric, water and sewage) Telephone Bills (landlines, cellular and satellite) ' Internet Services Maintenance agreements for equipment or series Supplies Software and Upgrades 1 $32,020.00 $32,020.00 Computers, printers, copiers and fax machines Radios Satellite telephones 29 P170 Storage and shelving for storage Other emergency response communication Furniture Postage Apparel for identification Fuel Memberships and Conference Travel Vehicle(s) Publications -0 A R A; �g a" g, n Design, Develop, Conduct and Evaluate an Exercise Exercise Planning Workshop - Funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, materials and supplies, travel and exercise plan development, Full or Part -Time Staff or Contractors/Consultants - (Full or part-time staff may be hired to support exercise -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable.) Overtime and backfill costs — Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in approved exercises. Implementation of Homeland Security Exercise and Evaluation Program Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g-, copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). 30 P171 TOTAL EXERCISE EXPENDITURES $ Allowable Training Costs Quantity Unit Cast Total Cost Develop, Deliver and Evaluate Training Overtime and backfill for emergency preparedness and response personnel attending sponsored and approved training classes Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in approved training Training Workshops and Conferences Full or Part -Time Staff or Contractors/Consultants Certification/Recertification of Instructors Travel Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment) Instructor certification/re-certification Coordination with Citizen Corps Councils in conducting training. TOTAL TRAINING EXPENDITURES $ Eligible Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Infbrrnatiori technology' Cybersecuri#y enhancemenf.equipment Interoperable communications equipment Det tion Equipment ;Power equipment 31 P172 .. cs: .' ,wig.:: •, 'Reference materials :CERN ;;Intaient R s "once Vehicle F'hysicale'urityEnhance ment Equipment CBRNELog�sttcal III? ht .. �... f 90i erosts W+ EOC Audio Visual Upgrade -Replacement 1 $45,838.00 $45,838.00 TOTAL EQUIPMENT EXPENDITURES $45,838.00 L'^#}L:''•4'i �z' -:J' ��yy. .sx'. r?'..t?.. ..,t.:1'nc�.'i+: - .3hti`4L+.1.. ���i, ;a1%a'. '_�. 5 x`''"iE' 'i?`�J4,N.t��Yus; rr;? ;,3:? °n,^. '% .1�\..erN ! 'h�Am• {~ 'F. ^c ��l [`n*�:;",'� �` �x "' -- ,,.-'�2+u . ��T Y. 3� i "`t}.k.a.•"' k:e; (•i.H: y 2, �t`� 1v3 ,,{{.+.�x.*:.$1'�.���i:113�i/��i� ' i:y�, ry�;+. ,cM `-.eYif. Sx` s%'1+... v,.>Y !lgduilt^...,'.i` :.'.Muy ,.+�1. .A•Si: S.. �:gi. rnt' �'' .0 ;a).. �`�j ry �>>'.y 5=.. e^'Y" -L �.\.:,. :•.4,v'?r• N. i -t..' .1\ u `r,Y'v`. . 1'+:i ..iC•'!'rii'i% .. Ll .« 3:. ' ., ,'f, a.. `i JJ.q j :':\l t y� :y::U,`c`?f.`3i, t. q, �.. ,. �•.;p.-"^ u?? SR`LtS��Mx;'rn e.;itYt:..4:..'-�.a.�'. "�++r^tgfi� �Y..^ 2...`�.." .::�.S�rt;#.1�-�hr cxx.n.'.`:r s:cY., �.W_ift•.'..xurri=•i=:i�,:.a..:.� .1. . '��E�.S .'RN.i.$y ex` .! y?,t�l�� . ;yi£;>. - - - : ,D T° 5;'^_ '\ts.av:= sy's l' ::^.R• + 3'"' - r4 o4., 'Z_ ,G't ..� u,iA"P; V.eP,::.Y .4•suv. t~K.":"'•�. _ ,,,x:�. s -.r. .... r� ��' ; •rF$ .in;.. - ',i, ..^ g•.Y�. .w.axa`',�"�"f'#+�., ?u;?, . ::c^;.•r.;:3a� 1'+i :=Sy'i'Rri-:tS;M ref t.. -,, ``4w ,}„ ."'.9uj"+'"" yip .a...,r ..'•YYNi'i: :•,`.^.,�F. ,,cF"3�`` s. Gi": - :.1#. �': Yy::5.'�'�?ts�c�:':$?`s',a,,-g+�ft'y.9r eLi e- •x3";,' %i�.o�`.�.r�..Y✓� �.i�,,.;..`tri."r�;w.i£'\:r'�v"c`:'ca�sx',::.:_-C71_. iy '41'<:(t `1 S E. 0i;<TF,F},x ,fid Hiring of full-time or part-time staff or contractors/consultants: to assist with the management of the respective grant program; application requirements, and compliance with reporting and data collection requirements Overtime and backfill costs — Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA — approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA — approved activities outside their core responsibilities: Neither overtime nor backfill expenses are the result of an increase of Full — Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting -related expenses Authorized office equipment: including personal computers, laptop computers, printers, LCC} projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. The fallowing are allowable only within the agreement period: 32 P17 3 Recurring fees/charges associated with certain equipment, such as cell phones, faxes. Leasing and/or renting of space for newly hired personnel to administer programs within the qrant program. "i`. � `�.�5.��.;. ��3�. .�,d .y ..Yai1,. 5i1E,J _ �n;r�1 �y 4 �=�„y^,. •.::y.-�y..�.n.a..;,:y'.��y g ',fie L ��^. �•��J,Y�y� _3���* _>n�i'��y .y�� '^�y�1{��,�`k-�%'..:za�?�`;.;.;�vs�"��;�`�`?��,��.���p"�r,} F�'ar...n��.�°i1f/�iQ1',Gll'��c`L7'(TiVI�IGs•a z ,� '�"'{"i� '4 3 N-.�-.]�....«. hv�'..�.s'.a?.-0,,.c:._ �.LC..�µl.:.,..\:•r� '*i...c��.gl, ,. �+. �" P'lt'%S? � _ y�,Nv', - y:K�����..'.�' '��K%.'+:_)e"$�•}:�`. '_'�„ . - �. Ufa �$j �.3.e., �. - ���!`.��/esu' A':'y� C ."S,arSra�Mf � - 0.,i -d. .x ` M".pit. JiY�'�4��t"7�tia'�C�� �..i •eYt?''.,• _ _�'•r..,'.e �: i]K4'�r^ • ...,µi�s�lG����•�' � 33 P174 Attachment B Scope of Work/Deliverables The Emergency Management Performance Grant (EMPG) funding agreement is provided to perform eligible activities as identified in the Notice of Funding Opportunity (NOFO), Fiscal Year 2017 EMPG, Appendix B — FY 2017 EMPG Funding Guidelines. EMPG Program Guidance, FY2017 allowable costs are divided into the following categories: planning, organization, training, exercise, equipment, and management and administration. Eligible activities are outlined in Allowable Costs and Eligible Activities.. The intent of the EMPG Base Grant Agreement is to provide each -county with the means to successfully manage and operate an Emergency Management Program by enhancing county emergency management plans and programs that are consistent with 2 C.F.R. Part 200, the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. Each Emergency Management.staff person must work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within their jurisdiction. By signing this Agreement, the Sub -Recipient certifies that it will use these funds to enhance the county's Emergency Management Program. Federal funds provided under this Agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. Monitoring: Monitoring will be accomplished through desk -based reviews, on-site monitoring visits, or both. Monitoring will involve the review and analysis of the financial, programmatic, performance,. compliance and administrative processes, policies, activities, and other attributes of each county and will identify areas where technical assistance, corrective actions and other support may be needed. Desk monitoring is the review of projects, financial activity and technical assistance between the Division and the applicant via e-mail and telephone. On -Site Monitoring are actual visits to the Sub -Recipient agencies by a Division representative who examines records, procedures and equipment. The Division may request additional monitoring/information if the activity, or lack thereof, generates questions from the region, the sponsoring agency or Division leadership. The method of gathering this information will be determined on a case-by-case basis. Procurement: All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. Piggy -backing: The practice of one agency using the procurement/agreement of another agency is called piggybacking. The existing contract must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of the new contract, including the scope of work, must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in the scope of volume of goods . or services. An agency may not use the preexisting contract merely as -a "basis to begin negotiations" for 34 P175 a broader or materially different contract. Only piggy -back agreements that meet all requirements as outline in the Sub -Recipient shall be allowable. At a minimum the County is to successfully complete the following tasks throughout the contract period to ensure compliance and coordination with the state emergency management. Quarterly Tasks (Form 1 B) will need to be provided each quarter to show completion or working towards the completion of each task. Items will also be reviewed during the mid -year and end -of year progress report prepared in conjunction with the Division's Regional Coordinator to validate compliance. All back-up documentation listed below shall be uploaded to the Division's SharePoint portal, https://Portal.floridadisaster.org Task(s): 1. 24-7 Operations. The minimum acceptable standard for payment is to maintain a 24-7 operation. The County Emergency Operation Center must be able to operate within the minimum acceptable standard to maintain a 24-7 operation, 7 days a week. Monthly acknowledgement during the State Watch Office's monthly communication test from either NAWAS, State EMNet Voice Manager, EMnet Message Manager, or via landline phone if the aforementioned systems are reported to the SWO as inoperable. 2. Proposed Match Plan (Form 3) is due with the signed agreement and will be used to compare with the match portion of your close out report. If your proposed match plan changes, an update should be provided. Federal funds provided under this Agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. NOTE: If the amount is NOT EMPA or if the federal obligation exceeds EMPA then you need to identify the other non-federal match. In the space provided on the form, provide a narrative description on how you plan to meet the dollar for dollar match requirement. The Chief Financial Officer or equal authority must sign the Proposed Match form. 3.. All Emergency Management personnel. Each quarter must provide.Quarterly Tasks (Form 1 B) to show you are able to maintain a minimum level of capability. Submit current EMAP accreditation certification OR for each emergency management position, provide certificates for the following training via SharePoint and/or SERT TRAC: • IS 100— Introduction to Incident Command System _ • IS 200 — ICS for Single Resources and. Initial Action Incidents • IS 700 — National Incident Management Systems (NIMS) • IS 800 — National Response Framework 4. EMPG Funding Positions Only - Training and Exercise - To ensure that each county emergency management agency complies with EMPG Guidance; each EMPG funded position during this contract period (Date of Execution — June 30, 2018) MUST provide the following items. • County Emergency Management employee(s) should participate in no less than three (3) exercises within the 12 month Agreement period • Submit an After Action Report (AAR) for each exercise conducted by the Sub -Recipient and/or provide sufficient exercise documentation (i.e., sign in sheet, certificate, etc.) for participation in each exercise not conducted by the Sub -Recipient • Complete the following training requirements and record proof of completion: NIMS Training, Independent Study (IS) 100, IS 200, IS 700, and IS 800. In addition, personnel shall complete either the Independent Study courses identified in the Professional Development Series or the National Emergency Management Basic Academy delivered either by the Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or other, designated location. 35 P176 5. National Incident Management System (NIMS) - The Sub -Recipient will be required to complete a NIMS survey and provide the NIMS implementation status of your jurisdiction no later than December 9st. This survey, upon receipt, is designed to provide a self-assessment instrument to evaluate and report on your jurisdiction's implementation of the National Incident Management System (NIMS). 6. Coordination and Collaboration - Utilizing the elements below, county emergency management agencies will have an ongoing process that provides for coordinated and collaborated input in the preparation, implementation, evaluation and revision of emergency management programs. • Attend the Regional Training and Exercise Planning (TEP) Workshop and provide an agenda and a copy of the sign in sheets or certificate to show participation during this contract period (July 1, 2017 — June 30, 2018) 7. Multi -Year Tralning and Exercise Plan (MYTEP) — Sub -Recipient is required to develop a MYTEP that identifies combination of exercises, along with associated trainings requirements, that addresses the priorities identified in the State TEPW. The county TEP will be included in the state submission of the MYTEP. Develop and submit no later than June 13t. Deliverable Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient on a quarterly basis for the documented allowable costs incurred during the successful completion of the task(s) required to be performed in that quarter. Additionally, the submission of the certified Quarterly Tasks form is required. Financial Consequence Failure to successfully complete each of the required tasks, as outlined in the identified quarter(s), will result in a reduction of the Agreement amount by 10% per quarter. 36 P177 Attachment C Program Statutes and Regulations 9. Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq. 2. Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3. Chapter 473, Florida Statutes 4. Chapter 215, Florida Statutes 5. Chapter 252, Florida Statutes 6. Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq. 7. Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq. 8. Copyright notice 17 U.S.C. §§ 401 or 402 9. Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200 10. Debarment and Suspension Executive Orders 12549 and 12689 11. Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. 12. Duplication of Benefits 2 C.F.R. Part 200, Subpart E 13. Energy Policy and Conservation Act 42 U.S.C. § 6201 14. False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38 U.S.C. § 3801-3812 15. Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118 16. Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a 17. Lobbying Prohibitions 31 U:S.C. § 1352 18. Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq. 19. Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20. Terrorist Financing Executive Order 13224 21. Title IX of the Education Amendments.of 1972 (Equal Opportunity in Education Act) U.S.C. § 1681 et seq. 22. Trafficking. Victims Protection Act of 2000 22 U.S.C. § 7104 23. Rehabilitation Act of 1973 Section 504_29 U.S.C. § 794 24, USA Patriot Act of 2001 18 U.S.C. § 175-172c 25. Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. 4712, and 10 U.S.C. §. 26. 2324, 41 U.S.C_ § § 4304 and 4310 27. 53 Federal Register 8034 28. Rule Chapters 27P-6, 27P-11 , and 27P-19, Florida Administrative Code 29.2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 30. To the extent that 2 C.F.R. Part 200 supersedes any provision outlined above, 2 C.F.R. Part 200 shall apply 37 P178 Attachment D Reports Sub -Recipient shall provide the Division with quarterly financial reports, mid -year and end -of -year summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out report. Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. Reporting Period Report due to FDEM no later than January 1 through March 31 Aril 30 Aril 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 The Sub -Recipient shall provide the Division with full support documentation for the quarterly financial reports. To eliminate large files and mailings, the Division will accept back up documentation on a CD if desired by the Sub -Recipient. (Backup Documentation should reflect the amount requested on the Expenses Detail of Claims form.). Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment. May also request copies of planning materials and work products (i.e., meeting documents, copies of completed plans (if submission of plans is for the Division then only need to provide date of submission and who submitted plan/product to), etc.). Any costs for planning activities provided by in-house staff MUST be reported under "Organizational Activities". Organizational Activities: Includes salaries and expenses (depending upon eligibility). Supply copies of timesheets (if applicable) documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries). Expense items need to have copies of invoices/receipts and canceled checks or general ledger for proof of payment. All documentation for reimbursement MUST include exact amounts and MUST be clearly visible and defined (i.e., highlighted, underlined, circled &/or individually identified .on a spreadsheet). Training Costs: Provide copies.of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment and a copy of the agenda and sign in rosters (if using pre 38 P17 9 populated sign in sheets they must be certified by the Emergency Management Director verifying attendance). May also request any training materials provided. • Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment and a copy of the agenda and sign in rosters (if using pre populated sign in sheets they must be certified by the Emergency Management Director verifying attendance). May also request any training materials provided. • Equipment Acquisition Costs: Copies of Invoices/receipts and canceled checks or general ledger for proof of payment. AEL# for each purchase (if applicable). • Management and Administrative Costs: Supply copies of timesheets documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries). • For travel and conferences related to EMPG activities, copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference. If conference, a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. If the Sub -Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and participation of the individual in the travel is necessary to the Federal award. • If cancelled checks.are NOT available, copies of the general ledger MUST be provided. A. The Quarterly Tasks Form is due with your quarterly financial report each quarter. This form identifies EMPG funded employees, the required training completed (or working towards completion), and the required amount of exercises during the agreement period. B. Proposed Match Plan (Form 3) is due with: the signed agreement and will be used to compare With the match portion of your close out report. If your proposed match plan changes an update should be provided. Federal funds provided under this Agreement shall be matched by the Sub - Recipient dollar for dollar from non-federal funds. NOTE: If the amount is NOT EMPA or if the federal obligation exceeds EMPA then you need to identify the other non-federal match. In the space provided on the form, provide a narrative description on how you plan to meet the dollar for dollar match requirement. The Proposed Match form must be signed by the Chief Financial Officer or equal authority. C. Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the Division's Regional Coordinator and submitted to the grant manager. D. The final Close Out report is due sixty (60) days after termination of this Agreement. Federal funds provided under this agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. If the funds are being matched with EMPA and are less than the expended EMPA, no additional back-up/supporting documentation is. needed. However, if your EMPG funds exceed EMPA, or if you are not using EMPA for match, the appropriate back-up/supporting documentation needs to be provided (i.e. general ledger with highlighted matching non-federal funds). E.. Programmatic. Point of Contact: 39 P180 Contractual Point of Contact Programmatic Point of Contact Joshua Bradt Karen Lyons FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd, Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 813-4348 (850) 815-4325 Joshua. bradt@em.myflorida.com Karen. lyons@em.myflorida.com • The Division shall determine eligibility of projects and approve changes in Scope of Work. • The Division shall administer the financial processes. 40 . P181 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ j ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three Months (list applicable line items) of Contract For example ADMINISTRATIVE COSTS (include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 41 P18 2 Attachment F Warranties and Representations Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.326). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:30 AM to 5:00 PM Monday through Friday Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -Recipient. 42 P183 Attachment G Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub -Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Sub -Recipient's Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date 43 P184 Attachment H Statement of Assurances The Sub -Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 3. It will comply with the minimum_ wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by.a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. it will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance' includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic 44 P185 Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its sub -recipients and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a Sub -Recipient of funds, the Sub -Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 45 Attachment I Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix 11 to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: P18 7 OMS Gui kulce {D) Dams -Baron Act. as amended (40 U.S:C. 3171-3149:i, When required by program legislation. all print,, construction contracts I n excess of 52.000 awarded by nun -Federal entities must Include a proinsion for compli- ance with the Davis -Bacon Act 0(} U.S-C. 314I-3144. and 314G4148) as supplemented by Department. of Labor regulations (29 CPR Part 5. "Labor Standards Pro atom- Appli- cable to Conwact:, Coval= Pedorally Fi- nanced and Assisted Construction"). In ac- cordance with the statute. contra tors must be required to pat mages to laborers and me- CIL"Ics at a rate not less than tb2 prevailing wage-. specified in a wage determination made by the Secretary of Labor. In addition - contractors must be required to pay wages not, less than once a week. The non -Federal entity must place a cops of the current pre- vailing wake determination I=ed by, the. Do- partment of Labor In each solicitation. The decision to award a contract or subcontract most be conditioned upon tae acceptance of the wage determination. The non-Pederal en- tity must report all suspected or reported violations to the Federal awarding agency. Tile contracts must also include a pivin=ion for compliance with the Copeland "Anti - Kickback" Act 140 U.S.C. 31451. as supple- mented by Department of Labor regulations (29 CPR Part 3, "Conti-,xtors and Sub- contractors on Public Building or Public Work Financed in Whole or in Part. by Loans or Grants from the Unit -d States"). The Act provides that, each contractor or sub - recipient must be prohibited from inducing. by, an; means. Any person employed in tine construction. completion, or repair of public work. to give up any part of the compensa- tion to which be or she is otborwise- ontitled. The non -Federal entity must report all sus- pected or reported violations to the Federal awarding agency. (E) Contract Rork Hours and Safety Standards Act (40 U.S.C. M01-3709). Where applicable. all contracts awarded by the non- Fedetal entity in excess of SI00.000 ,bat in- volve the employment of meclianics or labor- ers must-tnclude a provision for compliance with 40 U.S.C. 3;02 and 3701. as supplemented by, Department of Labor regulations (213 CFR Fart 5). Under 40 U.S.C. V92 of the Act. each contractor must• be required to compute tare wagas of every mechanic and laborer on the basis of a standard work week of 40 hours. Work to oxcess of the standard work week is permissible provided that the worker is com- mnsatod at a rat•i, of not. less than one and a half times the basic rate of p.^av for all hours worked in excess of 40 hours in dict work week. The relulremontc of 40 U.S.C. 301 ar, Applicable to construction .work and provide that no latitirar or meebamc must bt,% re. quirmd to :tori: in ;uvrournliags or under working conditions which are unsarat.ary. h:+: arAnus or d:ineo ous. 72iese t.gturemer-B do not apply to Ilia purchases of supplle:� or 47 Pt. 200e App. If materials or articles ordinarily available on the open market. or contracts for transpor- tation or tV2115Mlsston of intelligence. {P) Rights to Inventions Made Under a Contract or Agreement. If the Pedorai award meeta the definition of "funding amoment" under 37 CFR §4013 ta; and the rocipient. or subreciplent wishes to enter into a contract with a small business firm or nonprofit orga- nizstlou' regarding the substitution of par- t4es. assignment or performance of experi- mental- developmental. or research work under that "funding agreement." the recipi- ent or sabreciplent must comply with the re- quirements of 37 CFR Part 401. "Rights to In- ventions dude by Nonprofit Organizations and Small Business Firms Under Govern- ment Grants. Contracts and Cooperative Agreements." and any implementing regula- tJons issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7,f iiq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). as amended—Contracts and subgrants of amounts in excess of 5150.000 must contain a provision that requires the non-Pederal award to agree to comply with all applicable standards. orders or regula- tions Issued pursuant to the Clean Air Act (42 U.S.C. 790.1-767Iq) and the Pederai Water Pollution Control Act as amended (33 C.S.G. 1291-138;), Violations must ba reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency MPA). (li) Mandatory standards and policies re- lating to enerv- efficiency which are con- tained in the state enelgs conservation plan Issued In compliance with the Energy Policy and Conservation Act (42 U.S-C. 620I). (I) Debarment and Suspension (Executive Orders 12549 and M89}—A contract award (see 2 CPR 1803M) muse not be made to par- ties listed on the governmentulde Excluded Parties List System in the System for Award Management (SAM), in accordance mth the ONID guidelines at 2 CFR 180 that. implement Executive Orders.. 12519 B CPR, Part 1986' Comp.. p. 1891 and L"G99 (3 CPR Part 1989 Comp.. p. 235). "Dohar•ment and Suspension. The Excluded Parties List System in SAM contains the name s of parties debarred. sus- pended. or otherwise excluded by agencies. as welt.rs parties declared ineligible under st at- utdry or iregulatory, autbortty other than Rx- ecutive Order 12519. (J) Bard huti-Lobbying Amendment (31 U.S-C-. 13W)—Contractors that apply or bid for an award of $100.000 or morx, must file the reaquirM certification. 1•;4eb tier certifies to the ,Acv' ibovo that it will not. and has not. used Pedaral appropriated fonds to pay anti. tvrson or organization for influencing or at, tompt:ir to influence an officer or employee of any azoncy. :% member of Corigivss. officer or etnploye, of Congress. or an employee of a member of Congress in eonneetion witb ob- tagininz ants Federal conte -act. urant or any 195 . P188 Pt. 200, App. III other award covered by 31 U.S.C.- 135?, Each tier must also disclose any lobbying with non-Pederal funds that takes place In con- nection with obtalnina anv Federal award. Such disclosures are forwarded f)•om tier to tier up to the mon-Federal award. (K) See §M-222 Procurement of recovered materials. Arpwmi8 III To PART 200-11sDIRF.CT (MA) CosTs IDENTIFICATION AND AssIaniuvr, Ah'D RATE DETLRml]iA- TIoN FOR IN&TITt,-nONs OF II.lCfMR EDUCATION (IM) A- 0ma•:mar. This appendix provides criteria for identi- Aine and computing indirect (or indirect (F&.A)) rates at 111235 (institutions). indirect (P&A) Lusts are those that are incurred for common or joint objectives and therefore cannot be identified readily and specifically Ivitb a particular sponsored project. an in- structionaI activity-, or anv other institu- tional activity. See subsection A-1. Defini- tion of Facilities and Administration. for a discussion of the components of Indirect IP&A) cost.. 1.91ajor Functionsofan Institution Refers to instruction. organized research. other sponsored activities and other mstitu- tionai activities as defined in this section: a. InBrrtlClfatt means the teaching and training activities of an institution- Except for research training as provided in sub- section b. this term includes all teaching a.nd traimmg activitio& whether they are offered for credits toward a degree or certificate or on a non -credit -basis, and whether they are offered through regular academic depart- ments or separate divisions- such as a sum- mer school division or an extension division. Also considered part of this major function are departmental research. and. where agreed to, unlversity research. (1) stwnaomd Instruction and ironilnp means specific Instructional or training activity os- tablished by grana. contract. or cooperative, agreement. For purposes of the cost prin- ciples: this activity may -be considered a major function even though an Instatutaons accounting treatment may include it in the ttist' action function, . (_) Dptwrtniewaf research means research, development and scholarly activities that are not organized research and, cor.- sequentb% .are not separately buftcot'ed and accounted for. Departmental research. for purposes of this documem, is not considerM as a major function. but, as a part of the in- struet.lon function of the Institution. b, Orooni:ed mieurch moans all rescarch and dovolopme.nt activities of an institution that are separably budget.rd and accouutasd for. It Includes: 48- 2 CFR Ch. If (1-1-14 ECMW) (1) Sura.wre6 research means all research and development activities that are. spon- sored by Federal and non-Pederal agencies and organizations. This term includes activi- ties Involving the training of individuals, in research techniques (conuiwnly called re- search training) where such activities utilize the same fatalities is other research and de- velopment activities and where such activi- ties are not included in the instruction func- tion. (SI Unit+erwo research means ail research and development activities that are sepa- rately budgeted and accounted for by thein- stiWtiou under an internal application of in- stitutional funds, Universtti research. for purposes of this document. must. be com- bined with sponsored research -under the function of organized research. c. Other siwnsornd activities means programs and projects financed by Federal and nen- Federal agencies and organizations which in- volve the performance of work other than in- struction and organized research- Examples of such programs and projects are health service projects and community service pro- grams. However, when any of these activities are undertaken by the institution without outside, support. they may be classified as other institutional activities. d. Other institutional acitwiles means all ac- tivities of an institution except for instruc- tion. nstructtion. departmental research, Organized re- search, and other sponsored activities. as de- fined in this section: indirect (P&A) cost ac- tivities identified in this Appendix pavra- eraph R. Identification and assignment of in- direct (F&,A) costs: and specialized services facilities described In 52WAG8 Specialized service facilities of tills Part. Examples of other institutions] activities include operation of residence halls, dining halls. hospitals and clinics, student unions, intercolleelate athletics. bookstores, faculty bousing...stadont apartments, guest houses. chapels. theaters. pubIiainuseums. and other similar auxiliary enterprises This definition also includes any other tate; ories''ef activi- ties. costs of which aro "umllowxble" to Federal awards. unless othoiwiso indicated in an award. . Z. Grueno for Distribution a. Ram peinad. A base period for dtstrtbu- Men of indirect (MA) costs is the poriod duriin which the costs are incurred. The base period normally should coincide with the fiscal year established by the Institution, but. in any event the baso period should be so solect•ed as to avoid Inequities In the dis- tribu(aon of costs, b. Need for cosi pro'uwws. The overall ob- jectavo of the indirect: (P&A) costallocation process is to distribute the indirect (P&t.k) costs_doscrlbed in Section, H. Identification and as ignment of Indirect tl'&A) costs, to P189 Attachment J Allowable Cost and Eligible Activities I. Categories and Eligible Activities The 2017 EMPG Funding Guidance allowable costs are divided into the following categories: planning, organization, training, exercise, equipment, and management and administration. Allowable Costs A. Planning Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans should have prior review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not approved. EMPG Program funds may be used to develop or enhance emergency management planning activities. Some examples include: • Emergency Management/Operation Plans • Communications Plans • Continuity/Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning Evacuation planning • Recovery Planning • Federal (and Mutual Aid) Emergency Response Official.(F/ERO).Credentialing and Validation B. Organization Per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (42 U.S.C. §§ 5121-5207), EMPG Program funds may be used for all -hazards emergency management operations, staffing, and other day-to-day activities in support of emergency management. Sub - Recipients are encouraged to fund at least one dedicated Planner, Training Offioer, and Exercise Officer. Personnel costs, including salary, overtime, compensatory time off, and associated fringe benefits, are allowable costs with EMPG Program funds. These costs must comply with 2 C.F.R. Part 200, Subpart E — Cost Principles. The quarterly minimum acceptable standard is to have the qualified staffing level for the county based upon Rules 27P-11.004 and 27P-11.0061 (definition below). Each Emergency Management staff person must be available to work the number of hours and, assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within the jurisdiction on a 24 hour basis. Personnel costs 27P-11.004, 27P-11.0061 (1) Counties with populations of 75,000 or more must have a full time emergency management director. Counties with populations of less than 75,000 or party to an interjurisdictional emergency management agreement entered into pursuant to. Section 252.38(3)(b), F.S., that is recognized by the 49 P19 0 Governor by executive order or rule, are encouraged to have a full time director, but, must, as a minimum, have an emergency management coordinator who works at least 20 hours a week in that capacity. "Full-time Emergency Management Director" means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction. (2) The county must have an emergency management program which has been approved by the Division of Emergency Management. Program approval will require: compliance with appropriate federal and state laws, rules and regulations; satisfactory completion of work elements of the previous year; and, a current proposal containing work elements commensurate with the needs of that county and a proposed budget. Eligible County Emergency Management Agencies in the state shall be allocated annual Federal Emergency Management Agency (FEMA) Emergency Management Performance Grant (EMPG) funding based on the following factors: an amount initially allocated to the county under its Fiscal Year 1994-95 Emergency Management Assistance agreement with the Division of Emergency Management (Division), a base amount distributed equally to each county and an amount commensurate with each county's proportionate share of the state's total population based on the most recent official population estimates. These amounts shall be increased or decreased to reflect additions or reductions in the availability of FEMA EMPG funds to the Division and the Division's distribution of funds to local governments. After providing for the initial allocation and the base amount allocation as described above, each county's increase or decrease shall be commensurate with its proportionate share of the state's total population based on the most recent official population estimates. Federal funds shall be used by the county for personnel, travel and operational expenses. Each county must be able to provide a non-federal match for federal funds on a dollar for dollar basis. Mandatory Training and Exercise Requirements for EMPG funded employees only All EMPG Program funded personnel shall complete the following training requirements and record proof of completion: NIMS Training, Independent Study (IS) 100, IS 200, IS 700, and IS 800. In addition, personnel shall complete eitherthe Independent Study courses identified in the Professional Development Series.orthe National Emergency Management Basic Academy delivered either by the Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or other, designated location. The Quarterly Tasks (Form 1 B) is due every quarter with your quarterly financial report. This is to identify all EMPG funded employees, the completion of the required training (or working towards completion) and the requiredamount of exercises during the agreement period. Eligible "Organization" items include, but are not limited to: • Utility (electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite) • Internet Service • Maintenance Agreements for equipment or services (reimbursement can only be claimed for services within the Agreement period) • General Office Supplies • Dues and Conference Travel as it relates to the Scope of Work • Equipment (that does not require an AEL #) • Software and upgrades • Publications and Training Materials • Postage • Apparel for identification of Emergency Management Staff in the field • Fuel for Emergency Management vehicles • Food/Beverages for activations (must have Governor's Executive Order or a declared Local State of Emergency or, prior approval from DEM/DFS) • Travel to/from meetings and conferences related to emergency management • Travel to training and/or exercises related to emergency management • Other Personal/Contractual Services • Reimbursement for services by a person(s) who is not a regular or full time employee filling established positions. This includes but is not limited to, temporary employees, student or 50 P191 graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. • Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes should also be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division for review. Maintenance and Enhancement • Major repairs to the County Emergency Operations Center • Central Heat/Air • Out buildings for storage of Emergency Management Equipment (Need prior EHP approval) • Security Improvements (i.e. Cameras and equipment to operate) • Generators and Installation (Need prior EHP approval) C. Training EMPG Program funds may be used for a range of emergency management -related training activities to enhance the capabilities of local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current, Multi -Year TEP developed through an annual TEPW. Further guidance concerning the TEP and the TEPW can be found at htti)://www.fema.gov/exercise.Training should foster the development of a community oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. EMPG Program funds used for training should support the nationwide implementation of NIMS. The NIMS Training Program establishes a national curriculum for NIMS and provides information on NIMS courses; Sub -Recipients are encouraged to place emphasis on the core competencies as defined in the NIMS Training Program. The NIMS Training Program can be found at http://www.fema.gov/training-0. The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing standards. The NIMS Guidelines for Credentialing can be found at http://www.fema.-gov/nims- doctrine-supporting-guides-tools. Professional Development Series courses include: • IS -120.a An Introduction to Exercises • IS -230.d Fundamentals of Emergency Management • IS -235.b Emergency Planning • IS -240.15 Leadership and Influence • IS -241.b Decision Making and Problem Solving • IS -242.b Effective Communication • IS -244.b Developing and Managing Volunteers To ensure the professional development of the emergency management workforce, the Sub - Recipients must ensure a routine capabilities assessment is accomplished and a TEP is developed and implemented. For additional information on review and approval requirements for training courses funded with preparedness grants please refer to the following policy: http://www.fema.gov/media-library data/1115d44e06367bb89510aafbe79c1875/FINAL GPD+Training+Three+for+Free+Policv 09+10+ 13.pd. Additional types -of training or training related activities include, but are not limited to, the following: • Developing/enhancing systems to monitor training programs • Conducting all hazards emergency management training • Attending Emergency Management Institute (EMI) training or delivering EMI. train -the-trainer courses • Attending other FEMA -approved emergency management training • State -approved, locally -sponsored CERT training 51 P192 • Mass evacuation training at local, state, and tribal levels Allowable training -related costs include the following: • Funds Used to Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Multi-year TEP and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analysis Design Development and Implementation Evaluation (ADDIE) model for instruction design. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. • Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure_a minimum level of competency and corresponding levels of evaluation of student learning. This is.particularly important for those courses which involve training of trainers. D. Exercises All EMPG-funded personnel are REQUIRED to participate in no less than three exercises in a 12 month period. Allowable -exercise -related costs include: • Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation.. Sub -Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individualswith disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local 52 P19 3 government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of. government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). • Implementation of HSEEP. This refers to costs related to developing and maintaining an exercise program consistent with HSEEP. • Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations-for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Sub -Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. Unauthorized exercise -related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage. • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs) • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct E. Equipment Allowableequipment categories for the EMPG Program are listed on the web -based version of the Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA -adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category .19) . • Other Authorized Equipment (Category 21) In addition to the above, general purpose vehicles are allowed to be procured in order to carry out the responsibilities of the EMPG Program. If Sub -Recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their Grant Manager for clarification. 53 P19.4 Sub -Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Controlled Equipment Grant funds may be used for the purchase of Controlled Equipment, however, because of the nature of the equipment and the potential impact on the community, there are additional and specific requirements in order to acquire this equipment. Refer to Information Bulletin 407 Use of Grant Funds for Controlled Equipment for the complete Controlled Equipment List, information regarding the Controlled Equipment Request Form, and a description of the specific requirements for acquiring controlled equipment with DHS/FEMA grant funds. For additional information on controlled equipment refer to Executive Order (EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition (httos://www.gpo.gov/fdsys/pkq/DCPD-201500033/pdflDCPD-201500033.pd-D, and the Recommendations Pursuant to Executive Order 13688 (https://www.whitehouse.gov/sites/default/files/docs/le equipment wq final report final pdf). Requirements for Small Unmanned Aircraft System All requests to purchase Small Unmanned Aircraft System (SUAS) with FEMA grant funding must -. also include the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment, see Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties, in Domestic Use of Unmanned Aircraft Systems(https://www.whitehouse. qov/the-press-office/2015/02/15/presidential-memorandum- promotina-economic-competitiveness-while-safegua), issued February 20, 2015. F. Management and Administration (M&A) M&A activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Indirect Costs Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. With the exception of Sub -Recipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. § 200.414(f), Sub -Recipients must have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to this award. A copy of the approved rate (a fully executed, agreement negotiated with the applicant's cognizant federal agency) is required at the time of application, and must be provided to FEMA before indirect costs are charged to the award. II. Construction and Renovation Construction and renovation projects for a state, local, territorial, or Tribal government's principal Emergency Operations Center (EOC) as defined by the SAA are allowable under the EMPG Program. Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (FEMA Form 089-0-0-3; OMB Control Number 1660-0124 (http://www.fema.gov/pd`f/governmentkqrant/201 1/fvl 1 eoc inv odfl to their Regional EMPG Program Manager for review, Additionally, Sub -Recipients are required to submit a SF -424C Budget.and Budget detail citing the project costs. 54 P195 When applying for funds to construct communication towers Sub -Recipients must submit evidence that the -Federal Communication Commission's (FCC) Section 106 review process. has been completed and submit all documentation resulting from that review to GPD prior to submitting materials for EHP review. Sub -Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all state and EHP laws and requirements). Projects for which the Sub -Recipient believes an Environmental Assessment (EA) may be needed, as defined in 44 C.F.R. § 10.8, must also be identified to the FEMA EMPG Regional Program Manager within six months of the award and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to apdehoinfoRfema.gov. EMPG Program Sub -Recipients using funds for construction projects must comply with the Davis - Bacon Act (40 U.S.C. §§ 3141 et seq.). Grant Sub -Recipients must ensure that their contractors or subcontractors. for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis -Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website: hftp://www.dol.gov/compliance/laws/comp-dbra.htm. III. Maintenance and Sustainment The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted. EMPG Program grant funds are intended to support the Goal and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide Sub -Recipients the ability to meet this objective, the policy set forth in GPD's IB 379 (http://www.fema.gov/grant-programs-directorate-information=bulletins) (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant funding or any other source of funding other than DHS/FEMA preparedness grant program dollars. Additional guidance is provided in FEMA Policy FP 205402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.gov/media- library/assets/documents/32474. Unallowable Costs • Prohibited Equipment: Grant funds may not be used for the purchase of Prohibited Equipment. Refer to Information Bulletin 407 Use of Grant Funds for Controlled Equipment for the complete Prohibited Equipment List. For additional information on Prohibited Equipment see Executive Order (EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition (https://www.gpo.gov/fdsys/pkq/DCPD-201500033/pdf/DCPD-201500033.Pdf), and the Recommendations Pursuant to Executive Order 13688(https://www.whitehouse.gov/sites/default/files/d6cs/le equipment wg final report final.pd D. • Expenditures for weapons systems and ammunition 55 P196 • Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities • Activities and projects unrelated to the completion and implementation of the EMPG Program In general, Sub -Recipients should consult with their Grant Manager prior to making any investment that does not clearly meet the allowable expense criteria established in this Guidance. IV. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants - funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub - Recipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. Additionally, all Sub -Recipients are required to comply with FEMA EHP Policy Guidance. This EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation Policy Guidance (http://www.fema.gov/media-library-data/1421336453304- d48abd6lf8b2a35d2bad325ae49ae531/FP1080231 Environmental Planning Historic Preservation Poiic . d , and FP 108.24.4, Environmental Planning and Historical Preservation Policy (http://www.fema.gov/media-library-data/l 388411752234- 6ddb79121951 a68e9ba036d2569aa488/18Dec13-NoNEPAReview.pdf) EHP Technical Assistance, including the EHP Screening Form, can be found at (http://www.fema.gov/media-library-data/20130726-1806-25045- 2839/gpd ehp screening form omb 1660 0115 iune 2011.pdf) V. Other Conditions Vehicles • Written approval from the Director of the Division must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Division has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income and must be applied toward the Sub -Recipient's EMPG Base Grant expenditures. Food and beverages - • Food and beverages may be purchased for Emergency Management personnel and other personnel only if the Sub -Recipient's Emergency Operation Center or field cornmand office is in an activated status and personnel receiving food/beverage are on duty at either of these locations. Purchases -may be made only under (1) An Executive Order issued by the Governor, (2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat or (3) the Division may consider additional request. The request would need prior approval from Department of Financial Services and the Division. For more information, ask your grant manager. 56 P197 ATTACHMENT A PROPOSED PROGRAM BUDGET • Funding from the Emergency Management Performance Grant is intended for use by the Sub - Recipient to perform eligible activities as identified in Notice of Funding Opportunity (NOFO), Fiscal Year 2017 EMPG, Appendix B — FY 2017 EMPG Funding Guidelines and programs that are consistent with 2 C.F.R. Part 200, State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). • Below is a general budget which outlines eligible categories and their allocation under this award. The Sub -recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. • The Equipment category will require Authorized Equipment List (AEL) reference number: The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. The AEL can be found at https://www.fema.gov/authorized-equir)ment-list. • The transfer of funds between the categories listed in the Proposed Program Budget is permitted. If funds need to be moved in categories, send a revised Proposed Program Budget to your grant manager. ',°_ - �-�S"cyi-.tbom=tic__.-J �'}J. �' �- oReci'ientA 0AWAae .: ,k_' ---~- - -,.;_G;�,r,iaYn:-t`.,"t.:;°IY:�(�".A,:.= 5'.v%,�_- ::�k�.'-`� �•�.:- Ti.�✓t ,r ::Ii. jSKf:`,a•..h_:�*:-s:5�>'.��.._ -�s,"t:`z.-Y,,;;�•,' v����_. MEMO_ q�'eC Planning Expenditures Organization Expenditures FY 2017 — Emergency Management Performance INDIAN RIVER COUNTY Grant Program Training Expenditures Exercise Expenditures _ Equipment Expenditures Management and Administration. Expenditures (no greater than 5%) Tv a . wa 28 P198 'FYs2Q17;UDGET DETAIL ViIORKSHEET - ELIGIBLE,ACTIVITIE$` Not iimited.to activities below Emergency Management/Operation Plan Communications Plans Continuity/Administrative Plans Whole Community Engagement/Planning Resource Management Planning Evacuation Planning Recovery Planning Credentialing and Validation Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill costs Allowable.Orgamzat�on Crusts Quantity Umt'Cost ,. Total Cost . Hiring of full or part-time staff or contractors/consultants (temporary employees, student or graduate assistant fellowships, part time academic employment, consultants and other services Overtime and backfill costs Utility (electric, water and sewage) Telephone Bills (landlines, cellular and satellite) Internet Services Maintenance agreements for equipment or series Supplies . Software and Upgrades Computers, printers, copiers and fax machines . W P199 Radios Satellite telephones Storage and shelving for storage Other emergency response communication Furniture Postage Apparel for identification Fuel Memberships and Conference Travel Vehicle(s) Publications .F '6. •.•, :, '.£SrrS ,.r..,' ..,.W ., ;.�:'� ,. �:.::::.:., :`.; ... ....dt.•:` .,�": ':3:�" ::n. .s�.._s+;,ti .�... _..` , ._<.,..:.,.....:r,.,...;:.r.:,,':a..-,.,.v.:a<.,•t._�x:,x'"ra;�:�is:�;.. :i .,.11:5'.. 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's�l� „ec�;i�,, ._,,. .i.. .. stSti- ,�'�,,. �'��-�. .d, _!Z`r•.....:_° ',:,,:z: ,.'�::.. .,i ,za:.:\, ir,•,r< �i,�,. t4: 1., k'� 3 .'q:?. `":t.< "Ci• ;�,. S': tt-v,, ,�..-?i:`?"S,. �-<' "fitiQaant�}�/>>�;;�.:n�.UnitjCost_,..,TotahCost�'. �Je.,�.>. ;:• ,,-� s„ } e ?.:-3'e:<`!:';`Ot..,..Cgi...� -'e` ,1'��,. .':Y,`ti•. R''r� . .a. i�''i'. ..;E.. �.,,,•• .`chi y ,� ..rt,."r�,. - .1 h`•?:. ;t„?;;:+ •t5'�im` ,�.: �!%:55. `-,,: , �e•c. ^n1 i:Liq :A,Yi ..u.�:.,.�tyen?.�. :,. <...��`:: .,.:,;•:t',::.u�a.'�.:x.•,..;aw.,�o:1a4::.-_�;'a�a,. ::-,:e!.. 5,;-`:"z .�.}'fa4",C`'n. .rte' 'a' ,.,� ,.'4,*4' .:t3"„�r�vrc;'ai: ,:::i...: _ .;v:.: Y•� :;`5. c;{u.• ,P+..-. :.1,, :fFi;,t�,,. ti .�..:'�,\K..'atf.'�1� ,,ra �;:.,. it`..,.. .ti.. .,h, iy; :-v�): :nl.a.:,.r ::;::-.... Design, Develop, Conduct and Evaluate an Exercise Exercise Planning Workshop - Funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, materials and supplies, travel and exercise plan development. Full or Part -Time Staff or Contractors/Consultants - (Full or part-time'staff may be.hired to support exercise -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable.) Overtime and backfill costs — Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in approved exercises. Implementation of Homeland Security Exercise and Evaluation Program Travel - Travel costs.(i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the. exercise project(s). These costs must be in accordance with state law. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise projects) (e.g., copying paper, .gloves, tape, non-sterile masks, and disposable protective equipment). ' U01 P200 . 31 P201 ,....:_::..:.:..:.:.. ..... ....... .:.......,......._<.:;,•t.�.:....,::.:..:.T.O.TAL•EXERGiSEEXPENDITURES:� Y 'u.� •.::._. _ .-. .+_. :� -.:.,j:";.�<;�:.=:>::,::::. :. - - - �v- gg oM M1y � i A, lIowa�`b e- ' n TIM, ;.z.....c,`-i '� - 2`is',���+r.�•'-`h'_�' .�•.�-�<"'4? '.%F'ns'f-•�=_i. . �3e�^- _ _ �`.r?�: �:eae�'.� fit• . S4j: A;�,: Develop, Deliver and Evaluate Training Overtime and backfill for emergency preparedness and response personnel attending sponsored and approved training classes Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in approved training Training Workshops and Conferences Full or Part -Time Staff or Contractors/Consultants Certification/Recertification of Instructors Travel Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks; and disposable protective equipment) Instructor certification/re-certification Coordination with Citizen Corps Councils in conducting training.. s'.:, .hdr•r .c,:;, c? ---v,"-.cam+. •::,: sr -_-::.cam='##: "p; ' ' ` ,.s -.NON Iy�°N':T®? °ill: `rib_.:Y»Y•_xY'.:^ti:i 'tl.s. ra: .a;F4£�s :3:Yw-:'�.1:=»�f:?.:a- ..+�aA.YLY�s', 'r.4S1S'#d'_''.f4�J"_�-.-, tr✓caw,t:s+. TR�1111zX�PN1314,URS; ,Y. .Z{F9': x,:•^-'!�!:'. - - -. P.. .5 Eligible Equipment Acquisition Costs Quantity Unit Cost Total Cost id e na rote tive ew n .. c met =' of I ormation.technolo Gyberseeurity enhancement equipment Interoperable communications..eq u� ment : p Detection Equipment 31 P201 men ...... ..... ..... ..... . . ....... . . . . . . . . . . . PAR "g TOTAL EQUIPMENT EXPENDITURES $ Z M N, Vi affl, 0 0' . . . . . . . . . . . . . Hiring of full-time or part-time staff or contractors/consultants: to assist with the management of the respective grant program; application requirements, and compliance with reporting and data collection requirements Overtime and backfill costs — Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performanceofFEMA — approved activities. Backfill Costs also called '.'Overtime as Backfill" are definedasexpenses from the result of personnel Who are working overtime in. order to perform the duties of other personne . I who are temporarily assigned to FEMA — approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full — Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g.,.1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Rderal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation., Travel expenses' Meeting-related expenses Authorized office equipment: including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to, support the implementation of the homelainid-seourity strategy. The following are allowable only Within the agreement period: 32 P2 02 Recurring fees/charges associated with certain equipment, such as cell phones, faxes. Leasing and/or renting of space for newly hired personnel to administer programs within the grant program. T FINIMMINEVE tv i - rI I. 33 P203 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Etta LoPresti, Emergency Management Coordinator DATE: August 22, 2017 SUBJECT: Acceptance and Approval of Expenditures for Emergency Management State - Funded Subgrant Agreement (EMPA) 18 -BG -XX -XX -XX -XXX It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Each year, the Florida Division of Emergency Management, through the executive office of the Governor, administers the Emergency Management Preparedness Assistance Grant (EMPA) Subgrant in support of each Florida county following authorization under Chapter 252, Florida Statutes and State Rule Chapter 27P-19, Florida Administrative Code. The funding for the EMPA is used to enhance and improve emergency management mitigation, planning, response and recovery directly affecting the lives and property of Indian River County residents and visitors. In accordance with the Emergency Management 2017-2020 strategic plan, the items listed below will enhance the ability of Emergency Management to adequately respond to and recover from disaster events and conduct the annual hazardous materials analysis required within the EMPA scope of work and the County Comprehensive Emergency Management Plan as approved. FUNDING: This is a dollar for dollar state funded matching subgrant with Florida Division of Emergency Management. The term of the agreement is from July 1, 2017 through June 30, 2018. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. The 2017/2018 EMPA is in the amount of $115,806 of which $78,417 has been previously allocated for salary and benefits leaving a balance of $37,389 for expenditures. The County is P2 04 permitted to use a broad range of matching funds for which the Emergency Management budget is used as the matching for this grant. No additional funding is required. Item Amount Account Number Public Outreach and Disaster Preparedness $1,000.00 00123825-035290 EOC Enhancements (Miscellaneous) $8,201.00 00123825-035290 EOC A/V Upgrade — replacement of equipment $27,000.00 00123825-066490 Software Services (Annual recurring costs — "Sole Source") • Go-To-Webinar (GetGo, Inc.) $1,188.00 $1,188.00 00123825-033190 Total 1 $37,389.00 RECOMMENDATION: Staff recommends approval of the State Funded Subgrant Agreement 18 -BG -XX, associated expenditures, and authorization for the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida Division of Emergency Management. ATTACHMENTS: 1. Budget Office Grant Form 2. Three (3) Original Copies of EMPA Agreement (18 -BG -XX -XX -XX -XXX) P2 05 GRANT NAME: EMPA Grant GRANT#18-BG-XX-XX-XX-XXX AMOUNT OF GRANT: $ 115 806.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John King PHONE NUMBER: 772-226-3859 1. Now long is the grant for? l year Starting Date: July 1. 2017 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% N/A 011.13 5. Grant match amount required $ N/A N/A N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? N/A N/A 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? N/A N/A (Attach a detail listing of costs) $ N/A 012.12 8. Are you adding any additional positions utilizin the grant funds? If list. (If additional is Yes X No yes, please space needed;. please attach a schedule.) N/A N/A Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wap -es PT N/A N/A N/A N/A N/A 012.11 1 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A NIA N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 Sec. Medicare MatchingN/A N/A N/A N/A N/A rT'OTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Overating Costs Cavital Total Costs N/A N/A NIA N/A NJ N/A N/A /A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparers LD Date: August 2, 2017 P2 06 Grant Other Match Costs First Year N/A $ N/A N/A $ N/A Second Year S N/A $ N/A $ A $ N/A Third Year $ /A $ NJA $ N/A N/A ,Fourth Year N/A $ N/A $ N/A $ N/A Fifth Year $ N/A $ NIA $ N/A $ N/A Signature of Preparers LD Date: August 2, 2017 P2 06 Contract Number: 18 -BG -XX Catalog of State Financial Assistance (CSFA) #: 31.063 STATE -FUNDED GRANT AGREEMENT BASE GRANT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: > The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and rovi > The Division has the authority to grant these funds to the Recipient upon the terms and conditions below; and, > The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: 1. LAWS, RULES, REGULATIONS AND POLICIES A. This Agreement involves "state financial assistance," as that term is defined in section 215.97(2)(r), Florida Statutes. B. This Agreement involves a"Base Grant", defined by Rule 27P-19.002(1), Florida Administrative Code, as "those funds allocated in accordance with the formula in Rule 27P-19.005, F.A.C., as a minimum allocation to County Emergency Management Agencies." C. As defined by Rule 27P-19.002, Florida Administrative Code, the term "Division" means "the Division of Emergency Management, Executive Office of the Governor." D. Under this Agreement, the Division serves as the "State awarding agency" as that term is defined by section 215.97(2)(q), Florida Statutes. E. Under this Agreement, the term "Recipient", as defined by section 215.97(2)(o), Florida Statutes, means 8 'nonstate entity that receives state financial assistance directly from a state awarding agency." As defined by Rule 27P-19.002(12), Florida Administrative Code, the term "Recipient" also means "an Applicant that is offered and accepts an award from the Division." F. The Recipient is a "County Emergency Management Agency,6 as that term is defined by Rule 27P-19.002(3), Florida Administrative Code. G. As required by section 215.97(5)(a), Florida Statutes, this Agreement provides the recipient with "information needed by the recipient to comply with the requirements of the Florida Single Audit Act. H. As required by section 215.971(1), Florida Statutes, this Agreement includes: P2 07 (1) A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. (2) A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the,Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (3) A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the agreement. (4) A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. (5) A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. (6) A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and, conditions of the agreement must be refunded to the Division. I. In addition to the foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. 2. CONTACT A. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with'the Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. (1) Monitor and document Recipient performance; and, (2) Review and document all deliverables for which the Recipient requests B. The Division's Grant Manager for this Agreement is: Joshua Bradt 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-815-4348 Email: Josh ua.bradt@em.myflorida.com C. The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: 2 P2 08 John King 4225 43rd Avenue Vero Beach, FL 32967-1671 Telephone:772-226-3900 Fax:772-567-9323 Email: jking@ircgov.com D. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 3. TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. 4. EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. 5. MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. 6. SCOPE OF WORK The Recipient shall perform the work in accordance with the Program Budget and Scope of Work, Attachments A and C of this Agreement. 7. PERIOD OF,AGREEMENT This Agreement shall begin July 1, 2017 and shall end on June 30, 2018, unless terminated earlier in accordance with the provisions of Paragraph (16) of this Agreement. In accordance with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during' the period of agreement. 8. FUNDING A. This is a cost -reimbursement Agreement, subject to the availability of funds. In accordance with Rule 27P-19.010(4), Florida Administrative Code, the Division shall reimburse the Recipient on a quarterly basis. B. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. C. Rule 27P-19.010(11), Florida Administrative Code, states: "Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars..." 3 P209 Therefore, 2 CFR Part 200, Subpart A (Definitions) and Subpart E (Cost Principles) shall apply to this Agreement. D. As required by Rule 27P-19.010(8), Florida Administrative Code, "The Recipient shall establish a separate account in an interest bearing account for tracking all deposits, expenditures and interest pertaining to [this] award." E. The Division will reimburse the Recipient only for allowable costs incurred by the Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachments A and C of this Agreement ("Program Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $115,806.00. F. The Division will review any request for reimbursement by comparing the documentation provided by the Recipient against a performance measure, outlined in Attachment C, that clearly delineates: (1) The required minimum acceptable level of service to be performed; and, (2) The criteria for evaluating the successful completion of each deliverable. G. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Recipient. H. For the purposes of this Agreement, the term "improper payment" means or includes: (1) Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, (2) Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. I. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. 9. RECORDS A. As a condition of receiving state financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Chief Inspector General of the State of Florida, the Division, the Department of Financial Services, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Recipient which are pertinent to this Agreement, in order to make audits, examinations, 4 P210 excerpts, and transcripts. The right of access also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Recipienf includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. B. The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: hftp://dos.mvflorida.comAibrary- archives/records-mana.gement/general-records-schedules/. C. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice. of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. if a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that Volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipients governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. D. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted frorh disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether 5 F211 that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. E. The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Program Budget and Scope of Work - Attachments A and C - and all other applicable laws and regulations. 10. AUDITS A. As required by Rule 2.7P-19.010(5), Florida Administrative Code, "All recipients lents of trust funds shall cause a financial audit to be performed in accordance with [the Florida Single Audit Act, section 215.97, Florida Statutes]. A report of the audit will be forwarded to the Division within 60 days of its completion." B. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by Rule 10.564(1)(g) of the Rules of the Auditor General, GAAP are "those accounting principles generally accepted in the United States of America, as defined by the GASB Codification of Govemmental Accounting and Financial Reporting Standards, Section 1000 The Hierarchy of Generally Accepted Accounting Principles." As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." C. When conducting an audit of the Recipient's performance under this. Agreement, the Division, shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by Rule 10.554(1)(h) of the Rules of the Auditor General, GAGAS are "those audit standards set forth in the publication Government Auditing Standards issued by the Comptroller General of the United States." As defined by 2 C.F.R. §200.50, GAGAS, 'also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." D. As defined by section 215.97(2)(a), Florida Statutes, the term "audit threshold" means "the threshold amount used to determine when a state single audit or project -specific audit of a nonstate entity shall be conducted in accordance with' the Florida Single Audit Act. The current audit threshold is $750,000. E. As required by sections 216.97(2)(a) and 215.97(8)(a), Florida Statutes, "[e]ach nonstate entity that expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such nonstate entity shall be required to have a state single audit, ora project - specific audit, for such fiscal year in accordance With" the requirements of the Florida Single Audit Act and in accordance with "additional requirements established in rules of the Department of Financial Services and rules of the Auditor General." In determining the State financial assistance expended in its fiscal M P212 year, the Recipient shall include all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. F. In accordance with section 215.97(8)(f), Florida Statutes, the Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(1), Florida Statutes, as .an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. G. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, then the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non- compliance. H. If the Recipient expends less than $750,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipients resources obtained from other than State entities). I. As required by section 215.97(5)(d), Florida Statutes, the Recipient shall provide the Division with 'one copy of each financial reporting package prepared in accordance with" the requirements of the Florida Single Audit Act. J. As defined by section 215.97(2)(e)., Florida Statutes, the term 'financial reporting package" means the Recipients "financial statements, Schedule of Expenditures of State Financial Assistance, auditor's reports, management letter, auditee's written responses or corrective action plan, correspondence on followup of prior years' corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes" of the Florida Single Audit Act. K. In addition to the information listed in paragraph 101 above, the financial reporting package shall include 6 schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. L. Copies of financial reporting packages required by the Florida Single Audit Act shall be submitted by or on behalf of the Recipient directly to each of the following: (1) The Division of Emergency Management at the following addresses: Division of Emergency Management 7 P213 Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 OR DEMSinale AuditO-em.myflorida.com (2) The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 M. Additional information on the Florida Single Audit Act may be found at the following website: hftps:flapps.fldfs.com/fsaa/.singleaudftact.ast)x. 11. REPORTS A. As stated in Rule 27P-19.010(4), Florida Administrative Code, "Each Recipient may receive trust funds from the Division on a quarterly basis, based on the submittal of reports. Said reports shall be provided using the forms included in, the grant agreement, as supplemented by any particular information requested in writing by the Division prior to the due date of the report." B. The Recipient shall provide the Division with quarterly reports and a closewout report. These reports shall include the current status and progress by the Recipient and all subrecipients, and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. C. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each, quarter of the program year are March 31, June 30, September 30 and December 31. D. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever occurs first. E. If all required reports and copies are not sent to the Division or are not completed. in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in paragraph 15 REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. F. The Recipient shall provide additional program updates or information that may be required by the Division. Attachment E. G. The Recipient shall provide additional reports and information identified in P P214 12. MONITORING A. Rule 2713-19.010(9), Florida Administrative Code, expressly states: "The Division shall be permitted to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at. any reasonable time, which shall be presumed to be normal business hours on Monday through Friday." B. The Recipient shall monitor its performance under this Agreement, as well as that of ,its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment C to this Agreement, and reported in the quarterly report. C. In addition to reviews of audits conducted in accordance with paragraph 10 above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. 13. LIABILITY A. Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. B. Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions Which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. E P215 14. DEFAULT A. If any of the following events occur ("Events of Defa-ult'), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in paragraph 15. B. If any of the following occur, then the Division may make payments or partial payments without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (1) Any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet as obligations under this Agreement; (2) Material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (3) Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (4) The Recipient has failed to perform and complete on time any of its obligations under this Agreement. 15. REMEDIES A. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Recipient and upon the Recipients failure to cure within those thirty days; exercise any one or more of the following remedies, either concurrently or consecutively: (1) Terminate this Agreement, provided that the Recipient is given at least thirty days'prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-retum receipt requested, to the address in paragraph 2 above; Agreement; (2) Begin an appropriate legal or equitable action to enforce performance of this (3) Withhold or suspend payment of all or any part of a request for payment; (4) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (5) Exercise any corrective or remedial actions, to include but not be limited to: (a) Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; 10 P216 (b) Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; (c) Advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; (d) Require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; or, (e) Exercise any other rights or remedies which may be available under law. B. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. C. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. 16. TERMINATION. A. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds; fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. B. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. C. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. D. In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. 17. PROCUREMENT A. As required by Rule 27P-19.010(7), Florida Administrative Code, the Recipient "shall comply with all applicable procurement rules and regulations in securing goods and services..." M P217 B. The Recipient shall maintain records sufficient to detail the history of any procurement. These records will include, but are not necessarily limited to the following: (1) Rationale for the method of procurement; (2) Selection of contract type; (3) Contractor selection or rejection; and, (4) The basis for the contract price. C. The Recipient shall maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. In order to demonstrate compliance with this requirement, the Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. D. Except for procurements below the competitive threshold (state or local threshold, whichever is lower), if the Recipient chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Recipient within three (3) business days. While the Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the three (3) business day window outlined above. If the Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 16 above; and, solicitation. (2) Refuse to reimburse the Recipient for any costs associated, with that E. Except for procurements below the competitive threshold (state or local threshold, whichever is lower), if the Recipient chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Recipient within three (3) business days. The Division will review the unexecuted contract for compliance with all applicable procurement standards. The Division will not substitute its judgment for that of the Recipient. While the Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the 12 P218 subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the three (3) business day window outlined above. If the Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 16 above; and, subcontract. (2) Refuse to reimburse the Recipient for any costs associated with that F. The Recipient agrees to include in any subcontract the following: (1) The subcontractor is bound by the terms of this Agreement; regulations; and, (2) The subcontractor is bound by all applicable state and federal laws and (3) The subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractors performance of work under this Agreement, to the extent allowed and required by law. G. The Recipient shall maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. H. The Recipient shall conduct any procurement under this agreement in a manner providing full and open competition. Accordingly, the Recipient shall not: (1) Place unreasonable requirements on firms in order for them to qualify to do business; (2) Require unnecessary experience or excessive bonding; (3) Use noncompetitive pricing practices between firms or between affiliated companies; contracts; equivalent; (4) Execute noncompetitive contracts to consultants that are on retainer (6) Authorize, condone, or ignore organizational conflicts of interest; (6) Specify only a brand name product without allowing vendors to offer an (7) Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; 13 P219 (8) Engage in any arbitrary action during the procurement process; or, (9) Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. The Recipient shall not use a geographic preference when procuring .commodities or services under this Agreement. J. The Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with section 287.057(1)(a), Florida Statutes. K. The Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with section 287.067(1)(b), Florida Statutes. L. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. 18. ATTACHMENTS A. All attachments to this Agreement are incorporated as if set out fully. B. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict. or inconsistency. C. This Agreement has the following attachments: (1) Attachment A — Proposed Program Budget and Budget Detail Worksheet (2) Attachment B — Allowable Costs and Eligible Activities (3) Attachment C — Scope of Work (4) Attachment D — Quarterly Reports (5) Attachment E — Statewide Mutual Aid (6) Attachment F — Geospatial Information System (GIS) (7) Attachment G — Hurricane Shelter Retrofit (8) Attachment H — Logistics (9) Attachment I — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (1 O)Attachment J — Justification for Advance Payment 19. PAYMENTS A. Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statues. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment J. Attachment J will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No 14 P2 20 advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. B. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services.. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Recipients quarterly reporting as referenced in paragraph 11 of this Agreement. C. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Finan . cial Officer or under paragraph 8 of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. All payments relating to the Agreement shall be mailed to the following address: Attn: Finance Department Indian River County 1801 27th Street Vero Beach, FL 32960 20. REPAYMENTS A. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of 'Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 B. in accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. 21. MANDATED CONDITIONS A. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by 15 P2 21 reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. B. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. C. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. D. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State.and local government services, and telecommunications. E. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. F. Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from, covered transactions by a federal department or agency; (2) Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 21F(2) of this certification; and 16 P2 22 (4) Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. G. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. H. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment 1) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. I. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. J. The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Recipient created or received under this Agreement. K. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. L. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. M. All expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. 22. LOBBYING PROHIBITION A. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." B. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 23. COPYRIGHT, PATENT AND TRADEMARK 17 P2 23 A. EXCEPT At PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. B. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. C. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected With it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. D. Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph 23.13, have the right to all patents and copyrights which accrue during performance of the Agreement. E. If the Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. 24. LEGAL AUTHORIZATION The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to. legally execute and bind Recipient to the terms of this Agreement. 18 P2 24 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ENTER RECIPIENT NAME HERE IN BOLD: INDIAN RIVER COUNTY By: Name and title: Joseph E. Flescher, Chairman Date: August 15, 2017 FID# 69-6000674 DUNS# 07-920-8989 Include a copy of the delegation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Michael Kennett, Deputy Director (by authority from the Director) Date: APPROVED C6unty Administrator 19 Attest* Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk P2 25 ATTACHMENT A PROPOSED PROGRAM BUDGET AND BUDGET DETAIL WORKSHEET The Recipient shall use the Emergency Management Preparedness and Assistance ("EMPA") Trust Fund monies authorized by this Agreement in order to complete the tasks outlined in the Scope of Work (Attachment C). The "Proposed Program Budget" and the "Budget Detail Worksheet" serve as a guide for both the Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment C). Prior to execution of this Agreement, the Recipient shall complete the "Proposed Program Budget" and the "Budget Detail Worksheet" listed below. If the Recipient fails to complete either the "Proposed Program Budget" or the "Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Recipient may change the allocation amounts in the "Proposed Program Budget" as well as the information listed in the "Budget Detail Worksheet." If the Recipient changes the "Proposed Program Budget" or the "Budget Detail Worksheet", then the Recipient's next quarterly report must include an updated "Proposed Program Budget" and/or "Budget Detail Worksheet." Additionally, if the Recipient submits a request for reimbursement to the Division, then the "Proposed Program Budget" as well as the information listed in the "Budget Detail Worksheet" must match the information contained in the request for reimbursement. Grant Recipient Agency Categorymoaint" FY 2017-2018 Emergency Management Preparedness and Assistance Grant INDIAN RIVER COUNTY Planning Expenditures Operational Expenditures $89,144-00 EMAP Exercise Expenditures Training Expenditures Equipment Expenditures $26,662.00 Total Award $115,806.fl0 20 P2 26 FY 2017 BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES Not limited to activities below) Allowable Planning Costs Quantity Unit Cost, Total Cost Emergency Management/Operation Plan Communications Plans, Continuity/Administrative Plans Whole Community Engagement/Planning Resource Management Planning Evacuation Planning Recovery Planning Credentialing and Validation Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Materials required to conduct planning activities Travel/per them related to planning activities Overtime and backfill costs TOTAL PLANNING EXPENDITURES Allowable Operational Costs Quantity Unit Cost Total Cost Hiring of full or partm-time staff or contractors/consultants (temporary employees, student or graduate assistant fellowships, part time academic employment, consultants and other services) 1 $78,417 $78,417 Overtime and backfill costs Utility (electric, water and sewage) Telephone Bills (landlines, cellular and satellite) Internet Services Maintenance agreements for equipment or series Supplies 1 $9,539 $9,539 Software and Upgrades 1 $1,188 $1,188 Computers, printers, copiers and fax machines Radios Satellite telephones Storage and shelving for storage 21 P2 27 Other emergency response communication Furniture Postage Apparel for identification Fuel Memberships and Conference Travel Vehicle(s) Publications TOTAL OPERATIONAL EXPENDITURES $89,144 Allowable Exercise Costs Quantity Unit Cost Total .Cost Design, Develop, Conduct and Evaluate an Exercise Exercise Planning Workshop - Funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, materials and supplies, travel and exercise plan development. Full or Part -Time Staff or Contractors/Consultants - (Full or part-time staff may be hired to support exercise -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable.) Overtime and backfill costs — Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in approved exercises. Implementation of Homeland Security Exercise and Evaluation Program Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). 22 P2 28 TOTAL EXERCISE EXPENDITURES $ Allowable Training Costs Quantity Unit Cost Total Cost Develop, Deliver and Evaluate Training Overtime and backfill for emergency preparedness and response personnel attending sponsored and approved trainina classes Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in approved training Training Workshops and Conferences Full or Part -Time Staff or Contractors/Consultants Certification/Recertification of Instructors Travel Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment) instructor certification/re-certification Coordination with Citizen Corps Councils in conducting training. TOTAL TRAINING EXPENDITURES $ Eligible Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Power equipment 23 P2 29 CBRNE Reference'Materials CBRNE Incident Response Vehicles Physical Security Enhancement Equipment CBRN5 Logistical Support Equipment Other authorized equipment costs EOC A/V Upgrade/Replacement1 F$26,662 $26,662 TOTAL EQUIPMENT EXPENDITURES $26,662 TOTAL EXPENDITURES .$115,806 24 P2 30 ATTACHMENT B ALLOWABLE COSTS AND ELIGIBLE ACTIVITIES 2 CFR Part 200: Rule 27P-19.010(11), Florida Administrative Code, states: "Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars—" Therefore, 2 CFR Part 200 Subpart A (Definitions) and Subpart E (Cost Principles) shall apply to this Agreement. Expenses: In order to qualify for reimbursement under the terms of this Agreement, an expense incurred by the Recipient must be reasonable and necessary for the successful completion of a task required by this Agreement. If an expense fails to qualify as either reasonable or necessary to successfully compete a task, then the Division shall not provide any reimbursement for that expense. NOTE: This Scope of Work recognizes that each Recipient: • Might be at a different level of preparedness than another Recipient; • Operates within a unique geography; • Faces unique threats and hazards; and, • Serves a unique population. Therefore, what might qualify as reasonable and necessary for one Recipient to successfully complete a task under this Agreement might not qualify as reasonable and necessary for another Recipient to successfully complete a task. Conversely, what might not qualify for one may qualify for another. In order to avoid a "one size fids all" approach, this Agreement provides some level of flexibility. If a unique cost (e.g. equipment not listed on the EMPG AEL) qualifies as reasonable and necessary for the successful completion of a task under this Agreement, and if the Recipient receives permission from the Division prior to incurring that unique cost, then the Division shall reimburse the Recipient for that cost. Performance: In order to qualify for reimbursement under the terms of this Agreement, the Recipient's performance must satisfy the minimum level of service required for the successful completion of a task required by this Agreement. If the performance fails to satisfy the minimum level of Service, then the Division shall not provide any reimbursement for that performance. Equipment: Provided the cost of the Rem qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, an item on the FEMA AEL EL that is specifically coded for the Emergency Management Performance Grant ("EMPGO) Program satisfies the minimum level of service for an equipment purchase under this Agreement. If an item qualifies as reasonable and necessary, and if the item is EMPG-coded.on the FEMA AEL, then the Recipient does not need to obtain permission from the Division prior to purchasing the Rem in order to seek reimbursement. If the Recipient seeks reimbursement for the purchase of an item that is not EMPG-coded on the FEMA AEL, then the Recipient must receive permission from the Division prior to purchasing the item. If the Recipient purchases such an item without receiving permission from the Division beforehand, then the Division shall not provide any reimbursement for that purchase. Of note, AEL 21 GN-00-OCEO (Equipment and Supplies, Information/Emergency OperationslFusion Centers)' provides authorization for the purchase of equipment and supplies that are necessary to establish and maintain an Emergency Operations Center. 25 P231 Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) If Recipients have questions concerning the eligibility of equipment, they shall contact their Grant Manager for clarification. Recipients shall analyze the. cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. If the recipient seeks reimbursement for equipment activities, then the following shall be submitted: • All invoices; • The AEL # for each purchase, • Proof of payment (e.g. canceled check, electronic funds transfer, credit card statement and payment to credit card company for that statement); and, • Proof of purchase methodology (e.g. sole source, state contract, competitive bid results). Training and Exercises Generally: The Multiyear Training and Exercise Plan ("MYTEP") serves as a roadmap by which an organization establishes the priorities necessary to develop and maintain the capabilities required to facilitate effective response to all hazards faced by that organization. A successful MYTEP: • Identifies an organization's top priorities for improving its preparedness and response capabilities; and, • Defines the cycle of training and exercise activities that shall provide the most benefit in the development, refinement and maintenance of those capabilities. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided the Division has approved the Recipient's MYTEP, any training or exercise on the Recipient's MYTEP satisfies the minimum level of service for this Agreement. If the training or exercise qualifies as reasonable and necessary, and if the training or exercise is included on the Recipient's Division -approved MYTEP, then the Recipient does not need to obtain permission from the Division prior to conducting, participating in, or attending that training or exercise. If the Recipient seeks to conduct, participate in, or attend a training or exercise that is not listed on the Recipient's Division -approved MYTEP, then the Recipient must receive permission from the Division prior to conducting, participating in, or attending that training or exercise. If the Recipient conducts, I participates in, or attends a training or exercise that is not listed on the Recipient's Division -approved K- P2 32 MYTEP without receiving permission from the Division beforehand, then the Division shall not provide any reimbursement for that training or exercise. Any request to conduct, participate in, or attend a training or exercise that is not listed on the Recipient's Division -approved MYTEP shall include an updated MYTEP that specifically includes the requested training or exercise. If the request to conduct, participate in, or attend a training or exercise that is not listed on the Recipient's Division -approved MYTEP does not include an updated MYTEP, then the Division shall deny the request. Training: The Recipient can successfully complete an authorized course either by attending or by conducting that course. • In order to receive payment for successfully attending an authorized training course, the Recipient must provide the Division with a certificate of course completion; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to attend the course. • In order to receive payment for successfully conducting an authorized course, the Recipient must provide the Division with the course materials and a roster sign -in sheet; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the course." • For courses that are non -DHS approved training, the Recipient must request approval to conduct training using the Non -TED Form and provide a copy,'along with email, showing approval granted for conduct. • For the conduct of training workshops, the Recipient must provide a copy of the course materials and sign -in sheets. Further guidance concerning the TEP and the TEPW can be found at hftr)://www.fema.ao-v/—exercise Training shall foster the development of a community -oriented approach to emergency rnanagement that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. Allowable training -related costs include the following: # Funds Used to Develop, Deliver, and Eva/nate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training shall provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, shall be identified in the Multi-year TEP and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analysis Design Development and Implementation Evaluation (ADDIE) model for instruction design. 0 Overtime and Backtill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at approved training courses and programs are allowable. These costs are allowed on I ly to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities, 27 Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. CertifficationlRecertffication of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses involving the training of trainers. For training, the number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants please contact the FID M State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Officer for the number of participants, then the Division shall reduce the amount authorized for reimbursement on a pro -rata basis for any training with less than 15 participants. If the recipient seeks reimbursement for training activities, then the following shall be submitted: • Approval of emergency management training that has been identified on the current Multi -Year Exercise Plan (MYTEP); e Sign -in sheets, rosters and an agenda; Documentation from recipient's financial system showing attendees were paid; Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit card statement and payment to credit card company for that statement) for any expenditures in support of the training (e.g. printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment); • Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to training activities; and, • Proof of purchase methodology (e.g. sole source, state contract, competitive bid results). Exercises: Allowable exercise -related costs include: • Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises shall provide the opportunity to demonstrate and validate skills learned., as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, shall be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency 28 P2 34 of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). • Implementation of HSEEP. This refers to costs related to developing and maintaining an exercise program consistent with HSEEP. • Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. Unauthorized exercise -related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage. • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs) • Durable and, non -durable goods purchased for installation and/or use beyond the scope of exercise conduct If the recipient seeks reimbursement for exercise activities, then the following shall be submitted: • Documentation clearly indicating the purpose/objectives of the exercise (e.g. Situation Manual, Exercise Plan); • After -action report, Sign -In sheets, Agenda, Rosters; • Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit card statement and payment to credit card company for that statement) for supplies expenditures (e.g. copying paper, gloves, tap, etc.); • Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to exercise activities; and, • Proof of purchase methodology (e.g. sole source, state contract, competitive bid results). No later than 90 days after completion of 66 exercise, the recipient shall upload to the Division's SharePoint portal at: htti)s:Hr)ortal.flor dadisaster.org an After Action Report (AAR) that includes the following: • An Improvement Plan; and, • A roster of participants. Conferences• The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R. §200.43.2 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non -Federal entity and is necessary and reasonable for successful performance under the Federal award." Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: 29 P2 35 [T]he coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differ4rices or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion and work in some specific field or on a governmental problem or problems., A conference does not mean the coming together of agency or interagency personnel. This Agreement requires the Recipient to attend Current Issues in Emergency Management CCIEM"), a meeting hosted by the Division. In order for travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the post qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states " No public funds shall be expanded for attendance at conferences or conventions unless: • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the particular conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules." Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42-004, Florida Administrative Code, the following conferences may qualify for reimbursement under this Agreement: • Florida Emergency Preparedness Association Annual Meeting; • Florida Emergency Preparedness Association Mid -Year Work Session; • National Hurricane Conference; • Governors Hurricane Conference; • Florida Hazardous Materials Symposium; • FDEM Private Sector Summit; and, • Rural County Summit hosted by Gadsden County Sheriffs Office. The above list is not exhaustive. Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; and, e A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. 30 P2 36 When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state."). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel avel period. Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement, Meal Allowance and Per Diem: Section 112.061(6)(b), Florida, Statutes, establishes the meal allowance for each meal during a travel period as follows: 9 $6 for breakfast (when travel begins before 6 a,m. and extends beyond 8 a.m.); 0 $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); and, * $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061(a), Florida Statutes, establishes the per them amounts. All travelers are allowed: 6 The authorized per them for each day of travel; or, 0 If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per them shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per them while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a .per them basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates: The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied; The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA") for that locale (see hftr)s://www.gsa.ciov/portaVcontent/l 04877). Hotel Accommodations: A traveler may not claim per them or lodging reimbursement for overnight travel within 50 miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. 31 P2 37 Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per night. Travel Reimbursement Forms: Unless the Recipient has received prior approval from the Florida Department of Financial Services ("DFS"), the Recipient shall use the travel forms incorporated by reference in Rule 691-42.003, Florida Administrative Code. Those forms include: • The Authorization to Incur Travel Expense, Form DFS -AA -13; • The Application for Advance on Travel Expenses, Form DFS -AA -25; and, • The Voucher for Reimbursement of Travel Expenses, Form DFS -AA -15. If the Recipient has not received permission from DFS to use an alternate form, and if the Recipient submits a request for reimbursement without including the applicable DFS forms listed above, then the Division shall not provide any reimbursement for that travel. Planning: Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework'for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans shall have prior review and approval from the respective DEM program area. Funds may not be reimbursed for any plans that are not approved. Program funds may be used to develop or enhance emergency management planning activities. Some examples include: • Emergency Management/Operation Plans; • Communications Plans; • Continuity/Administrative Plans; • Whole Community Engagement[Planning; • Resource Management Planning; • Evacuation planning; • Recovery Planning; and, • Credentialing and Validation. If the Recipient seeks reimbursement for planning activities, then the following shall be submitted: • Copies of contracts, Memorandum of Understandings or agreements with consultants or sub- contractors providing services; • Documentation that clearly indicates hours worked for full or part-time staff or contractors/consultants and proof employee was paid; • Time and attendance forms for full or part-time staff or contractors/consultants who participated in the planning; • Invoice from any consultant/contractor involved in the planning (Note — grant agreement must be referenced on the invoice); • Copies of all planning materials and work product (e.g. meeting documents, copies of plans); • If a meeting was held by Recipient, an agenda and signup sheet with meeting date must be included; • Proof of payment (e.g. canceled check, electronic funds transfer, credit card statement and payment to credit card company for that statement); 32 P2 38 • Complete Debarment form for any contractors/consultants; • Proof of purchase methodology (e.g. sole source, state contract, competitive bid results); • Invoices and proof of payment for Travel costs - (e.g., airfare, mileage, par diem, hotel) related to planning activities; and, • If billing for overtime and/or backfill, provide documentation that list attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee. Operational: EMPA Program funds may be used for all emergency management operations, staffing, and other day-to- day activities in support of emergency management. Personnel costs, including salary, overtime, compensatory time off, and associated fringe benefits, are allowable costs with EMPA program funds. The quarterly minimum acceptable standard is to have the qualified staffing level for the county based upon Rules 2713-11.004 and 27P-11.0061 (definition below). Each Emergency Management staff person must be available to work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within th6 jurisdiction on a24 hour basis. Personnel costs 27P-11.004, 27P-11.0061: (1) Counties with populations of 75,000 Or more must have a full time emergency management director. Counties with populations of less than 75,000 or party to an intedurisdictional emergency management agreement entered into pursuant to Section 252.3.8(3)(b), F.S., that is recognized by the Governor by executive order or rule, are encouraged to have a full time director. However, as a minimum, such a county must have an emergency management coordinator who Works at least 20 hours a week in that capacity. "Full-time Emergency Management Director means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction. (2) The county must have an emergency management program that has been approved by the Division of Emergency Management. Program approval shall require: compliance With appropriate federal and state laws., rules and regulations; satisfactory completion of work elements of the previous year; and, a current proposal containing work elements commensurate with the needs of that county and a proposed budget. Eligible "Operational" items include, but are not limited to: • Salary and Benefits • Expenses • Utility (electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite) • Internet Service o Maintenance Agreements for equipment or services (reimbursement can only be claimed for services within the Agreement period) • General Office Supplies • Memberships and Conference Travel as it relates to the Scope of Work • Software and upgrades • Publications and Training Materials • Postage • Apparel for identification of Emergency Management Staff in the field Fuel for Emergency Management vehicles Food/BeVerages for activations (must have Governor's Executive Order or a declared Local State Of Emergency or prior approval from DEM/DFS) • Travel to/from meetings and conferences related to emergency management • Travel to training and/or exercises related to emergency management • Other Personal/Contractual Services 33 P2 39 o Reimbursement for services by a person(s) who is not A regular or full time employee filling established positions. This includes but is not limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. o Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes shall also be supplied when requesting pre -approval. These requests shall be sent to the grant manager for the Division for review. If the recipient seeks reimbursement for operational activities, then the following shall be submitted: • Documentation that clearly indicates hours worked for full or part-time staff or contractors/consultants and proof employee was paid. • Time and attendance form for full or part-time staff or contractors/consultants. • Receipts and proof of payment (e.g. canceled check,,electronic funds transfer confirmation, credit card statement and payment to credit card company for that statement) for any expenditures in support of operational costs. • An agenda for any attending meeting/conference. • Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to operational activities. 34 P240 ATTACHMENT C SCOPE OF WORK BACKGROUND: Emergency Management, Preparedness, and Assistance ("EMPA") In 1993, in the aftermath of Hurricane Andrew, the Florida Legislature passed C.S.S.B. No. 1858, entitled "Disaster and Emergency Preparedness — Trust Fund." In addition to modifying other statutory sections, the legislation created sections 252.371 through 252.373, Florida Statutes. Section 252.371, Florida Statutes, establishes the Emergency Management, Preparedness, and Assistance ("EMPA") trust Fund, which the Division administers. Section 252.372, Florida Statutes, imposes: 0 An annual $2 surcharge on "every homeowner's, mobile home owner's, tenant homeowner's, and condominium unit owner's policy"; and, 1P An annual $4 surcharge on "every commercial fire, commercial multiple peril, and business owner's property insurance policy." In accordance with Section 252.372, Florida Statutes, all proceeds from the surcharges "shall be deposited in the [EMPA] Trust Fund..." Section 252.373, Florida Statutes, provides for the allocation of monies from the EMPA Trust Fund, authorizes the Division to promulgate rules, and establishes minimum requirements. Emergency Management an Innate Responsibility Section 252.38, Florida Statutes, states: "Safeguarding the life and property of its citizens is an innate, responsibility of the governing body of each political subdivision of the state." • Emergency Section 252.34(4), Florida Statutes, defines the term "emergency" as "any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which, results or may result in substantial injury or harm to the population or substantial damage to or loss of pr operty." 0 Emergency Management Section 252,34(5), Florida Statutes, defines the term "emergency management" as "the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters." 0 County Emergency Management Agency Rule 27P-19.002(3), Florida Administrative Code, defines the term 'County Emergency Management Agency" as "one of the sixty-seven (67) emergency management agencies authorized, established and maintained by each county pursuant to Section 252.38, [Florida Statutes]." * Base Grant Rule 27P-19.002(1), Florida Administrative Code, defines the term "base granf as "those funds allocated in accordance with the formula in Rule 27P-19.005, F.A.C., as a minimum allocation to County Emergency Management Agencies." Base Grant Funds 35 P2 41 Consistent With Rule 2713-19.010(11), Florida Administrative Code, the Division shall determine allowable costs in accordance with 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." In accordance with Rule 27PA 9.005(1), Florida Administrative Code, the Division awards base grant funds to each county "for the use and benefit of the County Emergency Management Agency." In accordance with Rule 27P-19.005(2), Florida Administrative Code, the recipient may use base grant funds for any of the following categories: Management and Administration; Training (Planning, Training, and Exercises, or "PT&E"); and Operations: • Salaries of emergency management staff, • Equipment included on the Department of Homeland Security Authorized Equipment List ("AEL") for the Emergency Management Performance Grants (EMPG); • Fuel and maintenance for dedicated emergency management equipment; • Office supplies for a County Emergency Management Agency; and, • Operational costs for a County Emergency Operations Center. Supplanting Prohibited Section 252.372, Florida Statutes, states that the monies from the EMPA Trust Fund "may not be used to supplant existing funding." Additionally, Rule 27PA9.003(3), Florida Administrative Code, states: 'Funds received from the [EMPA] Trust Fund may not be used to supplant existing funding...." Annual Certification Rule 27P-19.004(1), Florida Administrative Code, requires that, in order to receive EMPA funding, "each County Emergency Management Agency shall annually certify their commitment to employ and maintain either a Full-time Director or Part-time Coordinator consistent with subsections 27P-19.005(4) and (5), F.A,C." K1 IMIN TASKS & DELIVERABLES: Task One: All -Hazards County Emergency Management Agency Throughout the period of this Agreement, the Recipient shall administer an all -hazard, county emergency management agency that includes preparedness, mitigation, response, and recovery components and capabilities. Pursuant to Section 252.38(1)(c), F.S., the County Emergency Management Agency shall perform emergency management functions throughout the territorial limits of the county in which it is organized. Additionally, the County Emergency Management Agency shall conduct such activities outside its territorial limits as required by law and in accordance with state and county emergency managerilent plans and mutual aid agreements. The County Emergency Management Agency shall serve as liaison for and coordinator of municipalities' e . requests for state and federal assistance during post -disaster emergncy operations. If the Recipient is a county with a population of 75,000 or more, then the Recipient shall employ A full-time county emergency management director. If the Recipient is a county with a population less than 75,000, or if the Recipient is a county that is a party to, an inter jurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., then the Recipient shall employ either. II • An Emergency Management Coordinator who works at least 20 hours a week in that capacity; or, • A full-time director. Task One Deliverables: In order to demonstrate successful completion of Task 1, the, Recipient shall submit to the Division the following: For quarter 1, the following certification: "As required by Rule 27P-19.004(1), Florida' Administrative Code, and as a condition precedent to receiving any funds under this Agreement, the Recipient certifies its commitment to continuously employ and maintain a full-time County Emergency Management Agency Director or a part-time County Emergency Management Agency Coordinator consistent with subsections 2713-19.005(4) and (5), Florida Administrative Code."; For quarters 1, 2, 3, and 4, the quarterly report outlined in Attachment D; For quarters 1, 2, 3, and 4, and for each category listed below, the Recipient must identify at least one employee of the Recipient who is responsible for that area (this can include any employee of the County, not just an employee of the County Emergency Management Agency): 6 Preparedness; • Response; • Recovery; • Mitigation; and, • Finance (to include procurement). For quarters 1, 2, 3, and 4, timesheets or paystubs for a full-time County Emergency Management Director or a part-time Coordinator if a part-time coordinator is authorized under Rule 2713-19.004(3ji, F.A.C.; and, For quarter 2, all employees of the County Emergency Management Agency, and any employee identified in subparagraph 3 above, shall upload into the Division's SERT TRAC the course 37 F243 completion certificates for any FEMA course ("G", "IS", or other FEMA course) and any Division course ("FL" or other Division course) that pertains to the following areas: o Preparedness; o Response; o Recovery; o Mitigation; and, o Finance (to include procurement). For Task 1, the person who executes the certification must possess the legal authority to bind the Recipient. In lieu of submitting physical copies of course completion certificates via mail, the Recipient may upload those documents to the Division's SharePoint portal at: httos:Hportal.floridadisastc-r.org. If the Recipient chooses to upload course completion certificates to SharePoint, then the Recipient shall annotate that fact on its quarterly report. As long as the information uploaded to SharePoint is current, the Recipient does not need to upload course completion certificates more than once. 38 P2 44 Task Two - 24-7 Emergency Operations Response Capabilities Throughout the period of this Agreement, the Recipient shall maintain the capability to respond to all hazards, 24 hours a day, 7 days a week. Task Two Deliverables: In order to demonstrate successful completion of Task 2, the Recipient shall submit to the Division the following: • For quarters 1, 2, 3, and 4, proof that, at least 10 times each quarter, the Recipient has successfully participated in the Division's weekly communication tests; • For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Statewide Mutual Aid requirements contained in Attachment E; • For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Geospatial Information Systems (GIS) requirements contained in A that F; • For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Hurricane Shelter Retrofit requirements contained in Attachment G; and, • For quarters 1, 2, 3, and 4, proof that the Recipient satisfied the Logistics requirements contained in Attachment H. Kfl P245 Task Three - Local Budget Match Throughout the period of this Agreement, and as required by Rule 27P-19.011(1), Florida Administrative Code, the Recipient shall match base grant funds "at the amount either equal to the average of the previous three years' level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year, whichever is lower." NOTE: Rule 27P-19.011(1), Florida Administrative Code, states: 'County general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency by Section 252.38, F.S., shall not be included in determining the level of county funding of the County Emergency Management Agency.' Task Three Deliverables: In order to demonstrate successful completion of Task 3, the Recipient shall submit to the Division the following: • For quarter 1, the following certification executed by the Recipient: "As required by Rule 27P- 19.011, Florida Administrative Code, and as a condition precedent to receiving any funds under this Agreement, the Recipient certifies compliance with all of the requirements contained in Chapter 2713-119, Florida Administrative Code."; • For quarters 1, 2, 3, and 4, a current and accurate Local Budget Match Requirement Form (Form 3); and, • For quarters 1, 2, 3, and d 4, a current and accurate County Emergency Management Local Budget (General Revenue). For Task 3, the person who executes the certification must possess the legal authority to bind the Recipient. In accordance with Rule 27P-19.011(2), Florida Administrative Code, and if 'exceptional financial circumstances" exist, then the Recipient may request from the Division a match reduction: If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P- 19.011(1), F.A.C., then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required. The match required shall not be reduced by a percentage amount in excess of reductions in funding for county 911 services, emergency medical services, law enforcement, criminal justice, public works or other emergency management related services. To be eligible for any reduction, the Base Grant recipient shall demonstrate and certify that the reduction is due to reductions in county general revenue funding and that the amount of the requested reduction is equivalent to across the board reductions in all county budgets. County requests for reduction shall be signed by the county chief elected officer and the certification of reduction in county budget funding shall be signed by the county's chief financial officer. Requests shall certify the intent to return to pre -reduced funding as soon as practicable, and shall provide an estimate of the date at which the county will return to the current 40 P246 level of funding. Requests for reduction shall also be accompanied by financial data for the previous three years indicating: the level of county funding for the County Emergency Management Agency budget; budget detail regarding all individual items of the County Emergency Management Agency budget; and the proposed level of funding, for all budget items, if the reduction is authorized by the Division. All requests for match reduction shall be submitted no later than forty-five (45) days after the county budget has been approved by the governing body of the jurisdiction, or the opportunity to request shall be waived. In lieu of submitting physical copies of the Local Budget Match Requirement Form and the County Emergency Management Local Budget via mail, the Recipient may upload those documents to the Division's SharePoint portal at: hfts://oortal.floridadisaster.oLg If the Recipient chooses to upload those documents to SharePoint, then the Recipi ent shall annotate that fact on its quarterly report. As long as the information uploaded to SharePoint is current and accurate, the Recipient does not need to upload those documents more than once. 41 P247 Task Four — Current Issue In Emergency Management (CIEM) During the quarter that the meeting is held, the full-time County Emergency Management Director or the part-time Coordinator if a part-time coordinator is authorized under Rule 27P-19.004(3), F.A.C., shall attend the Current Issues in Emergency Management ("CIEM") meeting hosted by the Division. Task Four Deliverables: In order to demonstrate successful completion of Task 4, the recipient shall submit to the Division the following: • Certificate of attendance; and, • If requesting grant reimbursement, a completed DFS state travel form. 42 P2 48 REIMBURSEMENT CONDITIONS: Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient on a quarterly basis for the documented costs incurred during the successful completion of the task(s) required by this Agreement. However, the following limitations shall apply: • In any quarter, the Division shall not reimburse the Recipient for an amount that exceeds 40% of the overall amount authorized by this Agreement; and, a The cumulative amount Of reimbursement for Quarters 1. 2, and 3 shall not exceed 85% of the overall amount authorized by this Agreement. If extraordinary circumstances exist, then the Recipient can request permission from the Division to exceed the 40% cap foe a particular quarter. However, under no circumstances shall the cumulative reimbursement amount for quarters 1, 2, and 3 exceed 85% of the overall amount authorized by this Agreement. FINANCIAL CONSEQUENCES: Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the applicable deliverables, shall result in the following penalty: • A 10% reduction of the overall amount authorized by this Agreement. The Division shall apply the penalty each quarter during which the Recipient fails to successfully complete each of the required tasks. During this Agreement, Up to four penalties may be imposed; and, each penalty shall be applied cumulatively. If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully perform a task required by this Agreement, then the Recipient shall notify the Division immediately. If the Division agrees that the inability to perform was directly due to circumstances beyond the control of the Recipient, then the Division will consider waiving the imposition of a financial consequence. 43 P2 49 ATTACHMENT D QUARTERLY REPORTS Recipients must provide the Division with quarterly financial reports, mid -year and end -of -year summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out report. Reporting Forms are located in the attachment titled "Reporting Forms," and can be found on the Division's internet site. • Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of the program year, and must continue to be submitted ubmitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. Reporting Period Report due to FDEM no later than January! through March 31 April 30 April 1 through June 30 July 31 July I through September 30 October 31 October 1 through December 31 January 31 • The Recipient must provide the Division with full support documentation for the quarterly financial reports. To eliminate large files and mailings, the Division shall accept back up documentation on a CD if desired by the county, • The Quarterly Tasks form is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed (or working towards completion) during the agreement period. • In order to ensure compliance with Rule 27P-19.011, the Local Budget Match Requirement Form shall be completed and sent when the Local County Budget is approved or by the end of the first quarter. The County shall provide a copy of the current Emergency Management Local Budget (General Revenue) with the form. If the County's current budget is lower than the previous year, or the average of the last three years, the county is required to request a Waiver no later than 45 days after the county budget is approved. . • In a format provided by the Division, a proposed staffing summary must be submitted by Ncivember 15, 2017. Also, each funded county emergency management position description must be submitted to the Division no later than November 15, 2017. • Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the Division's Regional Coordinator and submitted to the grant manager. • The final close-out report Is due sixty (60) days after termination of this Agreement. Any requests received after August 30, 2018, at the discretion of the Division, may not be reimbursed from this Agreement. • Programmatic Point of Contact: Eir P2 50 Contractual Paint of Contact Programmatic Point of Contact Joshua Bradt Karen Lyons FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, Fl- 32399-2100 Tallahassee, FL 32399-2100 (850) 815-4348 (850) 815-4325 Joshua. bradt@em.myflorida.com karen.lyofis@em.mAlo(ida,.com The Division shall determine eligibility of projects and approve changes in Scope of Work. The Division shall administer the financial processes. 45 P2 51 ATTACHMENT E STATEWIDE MUTUAL AID Statewide Mutual Aid — The Recipient must be a signatory to the agreement. If the Recipient is not a signatory to the agreement, then the Recipient must execute a current State Mutual Aid Agreement (SMAA) (27P-19.006) into Division's SharePoint portal by the end of the first quarter and annually upload the SMAA Form C (POC Contacts) to the Division's SharePoint portal at: https:Hportal.floddadisaster.org. 46 P2 52 ATTACHMENT F GEOSPATIAL INFORMATION SYSTEMS (GIS) QN9mohical Information - The Recipient shall upload current GIS Data to the Division's SharePoint portal at: htti)s://Pottal.floddadisaster.or-Q. Current Geospatial Information Systems (GIS) data includes: • Location and attribute information of all fire rescue', law enforcement, public safety and emergency service stations; and, • Location and attribute information of other critical facilities as deemed necessary by the County Emergency Manager. Attribute information shall include: facility name, facility type, physical address, and USNG coordinates OR Latitude/Longitude in decimal degrees (only one or the other is required). NOTES: • Instead of reviewing the spreadsheet, an export from a county GIS department may be submitted. Zipped shapefiles or geodatabases may be extracted from a county GIS system and uploaded to the SharePoint portal. • If a county maintains a GIS data download website, that URL may simply be provided. • If counties have no chances since the last agreement period -a statement of "no change" shall be submitted via the SharePoint portal. • Critical facility inventory spreadsheets provided shall contain more facility types than are required to be reviewed. 47 P2 53 ATTACHMENT G HURRICANE SHELTER RETROFIT Hurricane Shelter Retrofit - In accordance with Florida's statewide hurricane shelter space deficit elimination program, the Recipient must upload items A- E on the Division's SharePoint portal by the end of the 4th Quarter at: hftps:Hi)ortal.floridadisaster.orci. The responses collected in this task are the basis for the Shelter Retrofit Report as required by 252.38 F.S. Each county's current Shelter Inventory Spreadsheet shall be available on SharePoint for reference. A. Hurricane shelter deficit reduction progress information. 1. Submit a list of newly constructed "as -is", retrofit and or Enhanced Hurricane Protection Areas (EHPA) facilities. If none, enter "none". 2. Submit any corrections needed on the Shelter Inventory Spreadsheet. If none, enter "no corrections needed, the information is correct7. B. Current or newly completed hurricane shelter retrofit projects. 1. List all hurricane shelter retrofit projects completed in the previous fiscal year regardless of funding source(s). If none, enter "none". 2. List potential hurricane shelter retrofit projects. Listing projects is the first step for grant eligibility. If none, enter "none". C. Update Special Needs Shelters' (SpNS) power systems. 1. Respond yes or no to this statement on the SharePoint portal: All designated SpNS have a standby power system or capability with adequate capacity to support life -safety systems, essential lighting and outlet receptacles, air-conditioning, and necessary medical equipment. 2. If no, upload a strategy so that all designated SpNS shall have a standby power capability with adequate capacity to support life -safety systems, essential lighting and outlet receptacles, air-conditioning, and necessary medical equipment. For those designated SpNS facilities without a permanently equipped standby electric generating capacity, a locally sourced temporary electric generator with adequate capacity to support the standby power system requirements shall be provided. D. Update SpNS client space capacity. 1: Respond yes or no to this statement on the SharePoint portal: The county has designated sufficient SpNS client spaces to meet the anticipated five-year demands as determined by the 2018 Statewide Emergency Shelter Plan (published January 31, 2018). 2. If no, upload a strategy.to achieve sufficient SpNS client spaces to meet the anticipated five- year demands as determined by the 2018 Statewide Emergency Shelter Plan (January 31, 2018). E. Upload a brief report on results of the year's coordination with school boards, community colleges and universities (as applicable). The most recent published Statewide Emergency Shelter Plan provides guidance for implementation of the criteria. The Report to the Division shall discuss, at an executive level, the results of the meeting(s) including: 1. Status of EHPA or new construction projects from previous reports to the Division 2. List of planned facilities/buildings (e.g., initial name/title of the project (such as, High School AAA), location and estimate of shelter space floor area or spaces) that the educational agency shall design and/or build in the coming two (2) years; and five (5) years. 3. List of facilities/buildings that shall be designed and constructed as EHPA, include (if available) anticipated hurricane shelter space capacity. 4. List of facilities/buildings for which an exemption from EHPA shall be requested, and anticipated statute or code -based cause(s) for such exemption(s). 5. List of facilities/buildings where future retrofitting may be practical to assist in creating shelter space. 6. Upload a copy of the participant sign -in sheet with agency affiliation shown, and a copy of any meeting minutes (or similar documentation). 48 P2 54 ATTACHMENT H LOGISTICS Logistics - The Recipient shall upload a current County Logistics strategy/plan that is consistent with recommended guidance found in the County Logistics and Points of Distribution (POD) Standard Operating Guide (SOG) (CEMP 2355 of 2006) into the Division's SharePoint portal at: hftps:// rtal.floridadisaster.org. The strategy/plan shall include, but is not limited to the following: A. County Logistics Section organization and partners. B. Gap Analysis of identifying necessary resources (people/teams, locations/facilities, equipment and commodities; . and the Mission Management Process on how the county accesses and dispatches those resources (Contracts, MOU's, Mutual Kid, State Assistance, Federal Assistance). C. County Government Emergency Fuel Strategy (ESF 12). D. How the County coordinates with private business and industry in meeting emergency community resource needs (ESF 18). E. List of local vendors, with which the Recipient has a Memorandum of Agreements or contracts that shall provide resources in an emergency (Can be an Annex to the Plan and need only be updated every three years unless changes are made). F. Location, survey forms and attributes information for County Logistics Staging Areas (Can be an Annex to the Plan and need only be updated every three years unless changes are made). G. Location and attribute information for County Points of Distribution (POD) sites and Comfort Stations (Can be an Annex to the Plan and need only be updated every three years unless changes are made). M P255 ATTACHMENT I Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended; proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title FDEM Contract Number Street Address Grant Number City, State, Zip Date 50 P2 56 ATTACHMENT J JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the boa below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORVALINE ITEMS 20_-20_ Anticipated Expenditures for First Three Months of (list applicable line items) Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 51 P2 57 S. '. Consent Agenda - B. C.C. 9.12.17 Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney.Qr, DATE: August 10, 2017 SUBJECT: U.S. Dollar LIBOR -Based Instrument Class Action Lawsuit BACKGROUND. ATTORNEY A $120 million settlement has been reached with Barclays Bank plc in a class action lawsuit concerning price fixing and manipulation of the London Interbank Offered Rate (".LIBOR"). The lawsuit that was filed claimed that Barclays and other parties, who have not settled, unlawfully manipulated the U.S. Dollar LIBOR, artificially lowering the rate to reduce payments. Indian River County (the "County") received a notice that the County may be eligible to participate in the proposed settlement, if the County owned a U.S. Dollar LIBOR -Based Instrument between August 2007 and May 2010. The Indian River County Board of County Commissioners ("Board") has to decide by October 9, 2017, whether to stay in the class or exclude itself from the class. No action is required in order to stay in the class. The deadline to file a proof of claim is December 21, 2017. FUNDING. There is no funding associated with this item if the Board decides to stay in the class. Any money obtained as part of any potential settlement or verdict will be deposited into the General Fund/Other Miscellaneous Revenues Acct#001038-369900 RECOMMENDATION. The County Attorney's Office recommends that the Board vote to stay in the class and authorize the County Attorney's Office to file a claim, if eligible to do so, by the December 21, 2017 deadline. ATTACHMENT(S) Notice for U.S. Dollar LIBOR -Based Instrument Class Action Lawsuit F.U11y1U t.*EA6MUW C CWVnd.Af,.0$WDff- Ll" 0—At—d- P2 58 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW Y QR&- ,, If You Owned a .U.S. Dollar LIBOR -Based Instrument L Between August 2007 and May 2010, You May Be Eligible for a Payment from a $120 Million Settlement. Impacts individuals and institutions that entered into most over-the-counter financial derivative and non -derivative instruments directly with a U.S. Dollar panel Bank (see Question 8) that received payments tied to U.S. Dollar LIBOR, including certain interest rate swaps, forward rate agreements, asset swaps, collateralized debt obligations, credit default swaps, inflation swaps, total return swaps, options, and floating rate Motes. A United States federal court authorized this notice. This is not a solicitation from a lawyer. • A Settlement has been reached with Barclays Bank plc ("Barclays") in a class action lawsuit about the price- fixing and manipulation of the London Interbank Offered Rate (`LIBOR'). The lawsuit claims that Barclays and the Non -Settling Defendants (see Question 2) unlawfully manipulated the U:S. Dollar LIBOR rate, artificially lowering the rate to reduce payments to Class Members. • You are included in the Settlement and are entitled to seek a payment, if you directly purchased U.S. Dollar LIBOR -based instruments directly from Barclays or any Non -Settling Defendant (see Question 6). Class .Members who transacted with Barclays and Class Members who transacted with Non -Settling Defendants will be entitled to payments in the same manner (see Question 12). Class Members will release claims through this Settlement only against Barclays and its affiliates; the Settlement does not impact claims in the lawsuit against the Non -Settling Defendants, and the lawsuit is ongoing. • The instruments affected include, among others: asset swaps, collateralized debt obligations, credit default swaps, forward rate agreements, inflation swaps, interest rate swaps, total return swaps, options, or floating rate notes. The Settlement does not include U.S. Dollar LIBOR -based instruments that include only a term, provision, or obligation or right to pay interest based on the U.S. Dollar, such as business; home, student, or car loans; or credit cards. • The Settlement will pay individuals and institutions that owned certain U.S. Dollar LIBOR -based instruments between August 2007 and May 2010• In addition, Barclays has agreed to cooperate with Class Counsel and provide information to use against the Non -Settling Defendants. • Your legal rights are affected even if you do nothing. Please read this notice carefully. YQUR LEGAL RIGHTS AND �'F TT1:EI4tENT .00TICMiS' ,Si SUBMIT A CLAIM This is the only way to get a payment. See Question 15. ASK To BE You will get no monetary benefits from the Settlement. This is the only option that EXCLUDED allows you to assert the claims released by this Settlement against Barclays about the U.S. Dollar LIBOR manipulation claims at issue in this case. See Question 17. OBJECT If you wish to object to the Settlement, or anything else referenced in this Notice, you must file a written objection. See Question 22. GO TO A HEARING You may also request to be heard at the Fairness Hearing. See Question 26. DO NOTHING You will forfeit your right to get a monetary benefit from the Settlement, and you will give up your rights to assert claims released by this Settlement against Barclays about the U.S. Dollar LIBOR manipulation claims at issue in this case. • These rights and options—and the deadlines to exercise them—are explained in this notice. • The Court in charge of this case still has to decide whether to approve the Settlement. Payments will only be made if the Court approves the Settlement and after any appeals are resolved. Please be patient. QUESTIONS? CALL 1-888- 568-7640 OR VISIT www.BARcLAYsLIBORSETTLEMENT.COM P2 59 $wry/■w;� per-. w " •,t'.�'`�..����.��.�,T"iyYi/• r . i BASICINFORMATION.................................................................................................................3 1. Why is there a notice? 2. What is this lawsuit about? 3. Are there any related lawsuits? 4. Why is this a class action? 5. Why is there a Settlement? WHO IS IN THE SETTLEMENT?..................................................................................................4 6. How do I know if I am part of the Settlement? 7. What is the London Interbank Offered Rate ("LIBOR")? 8. What U.S. Dollar LIBOR -based instruments are covered by the Settlement? 9. Does the Settlement include instruments where I only pay interest based on U.S. Dollar LIBOR rate? 10. What if I am not sure whether I am included in the Settlement? THE SETTLEMENT BENEFITS .......................,'.. ...................................................................:.6 11. What does the Settlement provide? 12. How much will my payment be? 13. When will I receive my payment? 14. What am I giving up to stay in the Class? HOW TO RECEIVE A PAYMENT.................................................................................................8 15. How can I receive a payment? 16. What if my claim is rejected? EXCLUDING YOURSELF FROM THE SETTLEMENT..................:..............................................8 17. How do I get out of the Settlement? 18. If I do not exclude myself, can I sue Barclays for the same thing later? 19. If I exclude myself, can I still get a payment from this Settlement? THE LAWYERS REPRESENTING YOU.......................................................................................9 20. Do I have a lawyer in the case? 21. How will the lawyers be paid? OBJECTING TO THE SETTLEMENT............................................................................................9 22. How do I tell the Court if I do not like the Settlement? 23. What is the difference between objecting and asking to be excluded? THEFAIRNESS HEARING.........................................................................................................10 24. When and where will the Court decide whether to approve the Settlement? 25. Do I have to attend the hearing? 26. May I speak at the hearing? GETTING MORE INFORMATION...............................................................................................11 27. How do I get more information? QUESTIONS? CALL 1-888- 568-7640 OR VISIT www.BARCLAYSLIBORSETTLEMENT.COM -2- F2 60 BASIC INFORMATION A Court authorized this notice because you have a right to know about a proposed Settlement in this class action lawsuit and about all of your options before the Court decides whether to give final approval to the Settlement. This notice explains the lawsuit, the Settlement, and your legal rights. Judge Naomi Reice Buchwald of the United States District Court for the Southern District of New York is overseeing this case. This litigation has been consolidated within In re LIBOR -Based Financial Instruments Antitrust Litigation, MDL No. 2262, and this Settlement relates to an action referred to as the "OTC Action" because it involves Plaintiffs who entered into over-the-counter ("OTC") financial derivative and non- derivative instruments directly with Barclays or the Non -Settling Defendants. '_r'° o'j-:'i .SYS;.' >�'.-x�61�.;,•"�, :'rr. ;.YM.." ::.,�,^':+r• :'_.� .s - .. .#w wt x.':. :._.'. .`.r.'2.: r, _ -_ �. s '{'.. `(p .. =.:s.• x.f ri•'r: : i• >> w•::��"'�"5�.1` �:.:..t7 �" Banks on the U.S. Dollar panel (and their affiliates) around the world were sued by a group of their counterparties ("Plaintiffs") who claim that the banks manipulated the U.S. Dollar LIBOR rate during the financial crisis, artificially lowering the rate for their own benefit. Plaintiffs claim that Barclays and other banks manipulated the U.S. Dollar LIBOR rate, and that, as a result, purchasers did not receive as much interest payments for their U.S. Dollar LIBOR -based instruments from the banks as they should have. Barclays and the Non -Settling Defendants deny these claims and maintain they did nothing wrong. Plaintiffs in the OTC Action have brought (a) antitrust claims under the Sherman Act, (b) breach of contract claims, and (c) unjust enrichment claims against Barclays and the Non=Settling Defendants. A Settlement has been reached with Barclays, the Settling Bank, and that is why you are receiving this Notice. The Settlement does not impact claims in the lawsuit against the Non -Settling Defendants, and the lawsuit is ongoing. For purposes of the Settlement, the Non -Settling Defendants are (collectively with Barclays, the "Defendants"): • Credit Suisse Group AG; Credit Suisse International; Credit Suisse (USA) Inc. (together, "Credit Suisse"); • Bank of America Corporation and Bank of America, N.A. (together, "Bank of America"); • JPMorgan Chase & Co. and JPMorgan Chase Bank, NA (together, "JPMorgan Chase"); • HSBC Holdings PLC and HSBC Bank PLC (together, "HSBC"); • Barclays Bank plc; • Lloyds Banking Group PLC ("Lloyds); • WestLB AG and Westdeutsche Ummobilienbank AG (together "WestLB"); • UBS AG ("UBS"); • The Royal Bank of Scotland Group PLC ("RBS"); • Citizens Bank of Massachusetts a/k/a RBS Citizens Bank N.A. ("Citizens Bank"); • Deutsche Bank AG ("Deutsche Bank"); • Citibank NA and Citigroup Inc. (together, "Citibank"); • Cooperatieve Central Raiffeisen Boerenleenbank B.A. ("Rabobank"); • The Norinchukin Bank ("Norinchukin"); • The Bank of Tokyo -Mitsubishi UFJ, Ltd ("Bank of Tokyo"); • HBOS PLC ("HBOS"); QUESTIONS? CALL 1-888-568-7640 OR VISIT www.BARcLAYsLIBORSETTLEMENT.COM -3- P2 61 • Socidt6 G6n6rale S.A.; and • Royal Bank of Canada ("RBC'). Yes. There are many cases that have been consolidated as a multi -district litigation ("MDL") in the U.S. District Court for the Southern District of New York, entitled: In re LIBOR Financial Instruments Litigation, 11 -MD -2262. This Settlement is made with Plaintiffs in the OTC Action only. In a class action, one or more people called "Class Representatives" sue on behalf of themselves and other people with similar claims. All of these people together are the "class" or "class members." In this Settlement, the Class Representatives are: the Mayor and City of Baltimore; City of New Britain; Texas Competitive Electric .Holdings Company LLC; Yale University; Jennie Stuart Medical Center, Inc.; Variety Children's Hospital doing business as Miami Children's Hospital; Highlander Realty LLC; and SEIU Pension Plans Master Trust. One court resolves the issues for all Class Members, except for those who exclude themselves from the OTC Class. The Court has not decided in favor of the Plaintiffs or Barclays. Instead, the Parties have engaged in lengthy negotiations, and Plaintiffs and Barclays have agreed to a Settlement. By agreeing to settle, the Parties avoid the costs and uncertainty of a trial,'and the people affected will get a chance to receive compensation. The Class Plaintiffs and their attorneys think the Settlement is best for all OTC Class Members. The proposed Settlement does not mean that any law was broken or that Barclays did anything wrong. WHO IS IN THE SETTLEMENT? If you received mailed notice of the Settlement, then you may be a Class Member. But even if you did not receive a notice, you may be a Class Member, as described below. You are included in the Settlement if you (individual or entity): * Directly purchased certain U.S. Dollar LIBOR -based instruments (see Question 8); * From Barclays or any Non -Settling Defendant (or their subsidiaries or affiliates) (see Question 2); * In the United States; and * Owned the instruments at anytime between August 2007 and May 2010. You are not a member of the Class, even if you meet the above criteria, if you are: • One of the Non -Settling Defendants, Released Parties, or alleged co-conspirators or their employees, officers, or directors; • One of the Non -Settling Defendants', Released Parties', or alleged co-conspirators' parent companies, subsidiaries, affiliates, legal representatives, heirs, assigns, or any person acting on their behalf; • An entity in which any Non -Settling Defendants, Released Parties, or alleged co-conspirators have a controlling interest; or • A judicial officer presiding over this action or his/her immediate family member or are a judicial staff member or juror assigned to the OTC Action. QUESTIONS? CALL 1-888- 568-7640 OR VISIT www.BARCLAYsLIBORSETTLEMENT.COM -4- P2 62 .s-: •<:: F% .:�,: ....r +. __ - - - ''..4^: .::,, :,:,:3?;;"::=;� .ti'4� <.tr.�•1rv:.-r :,. t� _ .... -:� � `.,il a':. • °'tr" si �, ,'• ��: �"� � • , E;..., i ter,: The U.S. Dollar LIBOR rate is defined as the average rate at which each individual bank on the U.S. Dollar LIBOR panel could borrow funds, were it to do so by asking for and then accepting inter -bank offers in reasonable market size, just prior to 11:00 am London time. It is the reference point for determining interest rates for financial instruments worldwide. LIBOR rates are calculated for several currencies, such as U.S. Dollars, and seven borrowing periods ranging from overnight to one year. They are published each business day. This Settlement only involves U.S. Dollar LIBOR. •e: ' . � ' ..,;,.., ,,,?? :._ � ?. .'=..' ..'S �:��,:�-�;'g;�s" �i'�;i5�% .;�� �;•,5=:'jiSr.7J�t_ro ��,.i :'$ ol'AiC; I: OR b . 3ed' lt)fs)r 1iiits"3%Xez¢id'�YCu1 '... el '�a` av�F:1e, " . ' _ w •� ;�1' :. ,.v - The Settlement relates to U.S. Dollar LIBOR -Based Instruments, which are instruments that include any term, provision, obligation or right to be paid or to receive interest based upon the U.S. Dollar LIBOR rate. These include, but are not limited to, the following: • Asset Swaps — a type of over-the-counter derivative in which one investor exchanges the cash flows of an asset or pool of assets for a different cash flow without affecting the underlying. investment position. • Collateralized Debt Obligations (ttCDOs") — a type of structured asset back security ("ABS"). CDOs have multiple levels of risk ("tranches") and are issued by special purpose entities. They are collateralized by debt obligations including bonds and loans. • Credit Default Swaps C'CDSs") — a type of over-the-counter, credit -based derivative where the seller of the CDSs compensates the buyer of the CDS only if the underlying loan goes into default or has another credit event. • Forward Rate Agreements ("FRAs") — a type of over-the-counter derivative based on a "forward contract." The contract sets the rate of interest or the currency exchange rate to be paid or received on an obligation beginning at a future start date. • Inflation Swaps — a type of over-the-counter derivative used to transfer inflation risk from one party to another through an exchange of cash flows. • Interest Rate Swaps — a type of over-the-counter derivative in which two parties agree to exchange interest rate cash flows, based on a specified notional amount from a fixed rate to a floating rate (or vice versa) or from one floating rate to another. Interest rate swaps are commonly used for both hedging and speculating. • Total Return Swaps — a type of over-the-counter derivative based on financial contracts that transfer both the credit and market risk of an underlying asset. These derivatives allow one contracting parry to derive the economic benefit of owning an asset without putting that asset on its balance sheet. • Options — a type of over-the-counter derivative based on a contract between two parties for a future transaction on an asset. The other derivative instruments, defined above, can serve as the asset for an option. • Floating Rate Notes — evidence an amount of money owed to the buyer from the seller. The interest rate on floating rate notes is adjusted at contractually -set intervals and is based on a variable-rate index, such as U.S. Dollar LIBOR. QUESTIONS? CALL 1-888- 568-7640 OR VISIT www.BARcLAYsLIBORSETnEMENT.COM -5- P2 63 Only U.S. Dollar LIBOR -based instruments that were sold in over-the-counter transactions (OTC transactions) are included in the Settlement. f1i)oes lbe'3Settlirn77, : _ucclat# iiutuintixsvhi�r+s T obi' ltee ;:ba . 4ri,:-_ r _.:. The Settlement does not include U.S. Dollar LIBOR -based instruments that include only a term, provision, or obligation or right to pay interest based on the U.S. Dollar LIBOR rate, such as business, home, student, or car loans or credit cards. ii I,ain;g su.> If you are not sure whether you are included in the Settlement, you may call 1-888-568-7640 with questions or visit www.BarclaysLiborSettlement.com. You may also write with questions to U.S. Dollar LIBOR, P.O. Box 2602, Faribault, MN 55021-9602 or email info@BarclaysLiborSettlement.com: THE SETTLEMENT BENEFITS eini�rJ o. The Settlement will create a $120 million Settlement Fund that will be used to pay eligible Class Members who submit valid claims. The cost to administer the Settlement, attorney fees, and payment to the Class Representatives will come out of the Settlement Fund (see Question 21). Additionally, Barclays will cooperate with the Plaintiffs in their ongoing litigation against the Non -Settling Defendants. More details are in a document called the. Settlement Agreement, which is available at www.BarclaysLiborSettlement.com. The Settlement Fund will be distributed to Settlement Class Members pro rata, in proportion to a reasonable estimate of their damages, after deduction of any fees and expenses (see Question 21). This distribution will be made pursuant to a Plan of Distribution, which has been submitted to the Court in advance of the .final approval hearing, and made available at www.BarelaysLiborSettlement.com. The Plan of Distribution provides that each Class Member will receive a pro rata distribution, based on how much less the Class Member was paid, during the Class Period as a result of the alleged suppression. A chart showing the applicable amount of suppression during the Class Period is available on the website, and is based on expert modelling the Plaintiffs' have used in support of the litigation, Class Members will have the option to comment on or object to any portion of the Plan of Distribution at the Fairness Hearing. The Settlement Agreement will remain in place if the Court rejects or alters the proposed Plan of Distribution. 1;. `;Wli�-vvi.I :receive iny paymen(9` . . Class Members who are entitled to payments will receive their payments after the Court grants final approval to the Settlement and after any appeals are resolved (see "The Fairness Hearing" below). If there are appeals, resolving them can take time. Please be patient. QUESTIONS? CALL 1-888.568-7640 OR VISIT WWW.BARCLAYSLIBORSETTLEMENT.COM -6-. P264 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re LIBOR -Based Financial Instruments Antitrust Litigation THIS DOCUMENT RELATES TO: MDL No. 11 -MD -2262 (NRB) OTC ACTION PROOF OF CLAIM FOR THE OTC PLAINTIFFS SETTLEMENT WITH BARCLAYS I. GENERAL INSTRUCTIONS 1. To recover as an Authorized Claimant based on your claim in the action entitled In re LIBOR -Based Financial Instruments Antitrust Litigation, MDL No. 2262 (NRB), pending in the United States District Court for the Southern District of New York, involving plaintiffs who entered into over-the-counter financial derivative and non -derivative instruments directly with Defendants (the "OTC Action"), you must complete a Proof of Claim form. If you fail to submit a properly completed and addressed Proof of Claim form, your claim may be rejected and you may be precluded from any recovery from the Net Settlement Fund created in connection with the Barclays Settlement of the OTC Action. 2. Submission of this Proof of Claim form, however, does not assure that you will share in the Net Settlement Fund. 3. You have two options for completing a Proof of Claim form: a. You can mail your completed and signed Proof of Claim form postmarked no later than December 21, 2017, to: U.S. Dollar LIBOR Settlement P.O. Box 2602 Faribault, MN 55021-9602 b. You can. complete and submit the Proof of Claim form through the Settlement website by visiting www.BarclaysLiborSettlement.com. Upon completion of the online Proof of Claim form, you will receive an acknowledgment that your Proof of Claim has been submitted. If you choose this option and file a Proof of Claim electronically, you must file on or before December 21, 2017. 4. If you are NOT an OTC Class Member (as defined in the Notice), DO NOT submit a Proof. of Claim form. 5. If you are an OTC Class Member and have not requested exclusion, you will be bound by the terms of the Settlement and any judgment entered in the OTC Action, WHETHER OR NOTYOU SUBMIT PROOF OF CLAIM FORM. 11. DEFINITIONS Capitalized terms not defined in this Proof of Claim have the same meaning as defined in the following Settlement Agreement with Barclays Bank plc ("Barclays"), dated November 11, 2015. (The Settlement Agreement, in its entirety, is available at www.BarclaysLiborSettlement.com.) III. CLAIMANT IDENTIFICATION 1. If you purchased or otherwise acquired U.S. Dollar LIBOR -Based Instruments and held them in your name, you are the beneficial purchaser as well as the record purchaser. If, however, you purchased the U.S. Dollar LIBOR -Based Instruments but they were registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial purchaser and the third party is the record purchaser. 2. Use Part I of this form entitled "Claimant Identification" to identify the purchaser of record ("nominee"), if different from the beneficial purchaser of U.S. Dollar LIBOR -Based Instruments which form the basis of this claim. THIS CLAIM MUST BE FILED BY THE ACTUAL BENEFICIAL PURCHASER OR PURCHASERS, OR THE LEGAL REPRESENTATIVE OF SUCH PURCHASER OR PURCHASERS OFTHE SECURITIES UPON WHICH THIS CLAIM IS BASED. NOTE: A single Proof of Claim should be submitted on behalf of one legal entity including all transactions made by that entity, no matter how many separate accounts that entity has. P2 65 IV. CLAIM FORM 1. Use Part II of this form entitled "Schedule of U.S. Dollar LIBOR -Based Instruments" to supply all required details of your transaction(s). If you need more space, photocopy or attach separate sheets giving all of the required information in substantially the same form. Sign and print or type your name on each additional sheet. 2. On the schedules, provide all of the requested information with respect to all of your purchases or other acquisitions of U.S. Dollar LIBOR -Based Instruments which were held at any time from August 1, 2007 through May 31, 2010, inclusive. Failure to report all such transactions may result in the rejection of your claim. 3. List each transaction separately and in chronological order, by trade date, beginning with the earliest. You must accurately provide the month, day and year of each transaction you list. 4. You must supply the name of the counterparty for each transaction you list in Part ll. To qualify for a claim, you must have purchased at least one U.S. Dollar LIBOR -Based Instrument in the United States directly from a Defendant (or a Defendant's subsidiary or affiliate), and owned that instrument any time during the period August 2007 through May 2010 (the "Class Period"). The Defendants in the OTC action are: • Credit Suisse Group AG; Credit Suisse International; Credit Suisse (USA) Inc. (together, "Credit Suisse"); • Bank of America Corporation and Bank of America, N.A, (together, "Bank of America"); • JPMorgan Chase & Co. and JPMorgan Chase Bank, NA (together, "JPMorgan Chase"); • HSBC Holdings PLC and HSBC Bank PLC (together, "HSBC");* • Barclays Bank plc; • Lloyds Banking Group PLC ("Lloyds); • WestLB AG and Westdeutsche Ummobilienbank AG (together "WestLB"); • UBS AG ("UBS"); • The Royal Bank of Scotland Group PLC ("RBS"); • Citizens Bank of Massachusetts a/k/a RBS Citizens Bank N.A. ("Citizens Bank"); • Deutsche Bank AG ("Deutsche Bank"),- Citibank ank");Citibank NA and Citigroup Inc. (together, "Citibank"); • Cooperatieve Central Raiffeisen Boerenleenbank B.A. ("Rabobank"); • The Norinchukin Bank ("Norinchukin"); • The Bank of Tokyo -Mitsubishi UFJ, Ltd ("Bank of Tokyo"); • HBOS PLC ("HBOS"); = Soci6t6 G6n6rale S.A.; and • Royal Bank of Canada ("RBC"). 5. Documentation to support your transactions in U.S. Dollar LIBOR -Based Instruments its NOT required at this time, however, the Claims Administrator may ask you to provide documentation to substantiate your transactions during auditing. 6. NOTICETO INSTITUTIONAL FILERS: Certain claimants with large numbers of transactions may request, or may be requested, to'submit information regarding their transactions in electronic files. All claimants MUST submit a manually signed paper Claim Form whether or not they also submit electronic copies. If you wish to file your claim electronically, you must call the Claims Administrator toll-free at 1(888) 568-7640, send an e-mail to info@ BarclaysLiborSettlement.com, orvisit the website for the Settlement at www.BarclaysLiborSettlement.com to obtain the required file layout. 7. A Proof of Claim received by the Claims Administrator shall be deemed to have been submitted when posted, if mailed by December 21,2017 and if a postmark is indicated on the envelope and it is mailed first class, and addressed in accordance with the above instructions. In all other cases, a Proof of Claim shall be deemed to have been submitted when actually received by the Claims Administrator. 8. You should be aware that it will take a significant amount of time to process fully all of the Proofs of Claim and to administer the Settlements. This work will be completed as promptly as time permits, given the need to investigate and tabulate each Proof of Claim. Please notify the Claims Administrator of any change of address. ACCURATE CLAIMS PROCESSING TAKES A SIGNIFICANT AMOUNT OF TIME. - THANK YOU FOR YOUR PATIENCE. Instructions - Page 2 P26 r Vf. yr f fVRf11 VuiL V/YLi MUST BE POSTMARKED ON OR BEFORE 61 DECEMBER 21, 2017 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Page 1 of 6 * 0 1 2 3 4 5 6 7 8 4 1 In re LIBOR -Based Financia! Instruments Antitrust Lit. 11 -MD -2262 (NRB) PROOF OF CLAIM AND -RELEASE Use Blue or Black Ink Only PART I: CLAIMANT IDENTIFICATION -Please type or print. A. Complete the following Section. Entity Name/Beneficial Owner Name of Representative submitting the Claim Form I � B. AccountlMai€ing Information: Number and Street or P.O. Box City Title/Capacity State Zip Code Foreign Province and Postal Code Foreign Country F I F -7 Telephone Number (Day) F I Email Address Taxpayer Identification No. F I Telephone Number (Evening) F_ Account Number uniiiiiuiiuuni 111111111111111111111 mimmiuiiiiiuiinii�tb, 1111111111 fillil 11111 #f/ll 11111 ilill 11111 fillit lilt jilt 0 1 2 3 4 5 6 7 8 9* PART II: SCHEDULE OF U.S. DOLLAR LIBOR -BASED INSTRUMENTS DOCUMENTATION TO SUPPORT YOUR TRANSACTIONS IN U.S. DOLLAR LIBOR -BASED INSTRUMENTS IS NOT REQUIRED AT THIS TIME, HOWEVER, THE CLAIMS ADMINISTRATOR MAY ASK YOU TO PROVIDE DOCUMENTATION TO SUBSTANTIATE YOUR TRANSACTIONS DURING AUDITING. INSTRUCTIONS: List all U.S. Dollar LIBOR -Based Instruments you purchased in the United States directly from a Defendant (or a Defendants subsidiary or affiliate), and which you owned any time during the period August 2007 through May 2010 (Class Period). You should only list the information for the leg of the swap (or bond) where you received LIBOR -based payments from a Defendant during the Class Period. The Settlement does not include U.S. Dollar LIBOR -based instruments that include only a term, provision, or obligation or right to pay interest based on the U.S. Dollar LIBOR rate, such as business, home, student, or car loans, or credit cards. If you have an instrument for which you cannot fit the terms in the space below, attach the instrument separately and describe the terms of the LIBOR - based payments on a separate page. If you do not know every term for a transaction, fill in the form with as many fields for which you know the answer — the Claims Administrator will attempt to fill in any blanks, but may reject the claim N it is unable to. An example for how to fill out the form for a plain vanilla swap is: Maturity/ Tenor and Frequency Defendant Effective Date Cancellation Date Currency of Notional of LIBOR Non -Standard Paying LIBOR (Month/Day/Year) (Month/Day/Year) LIBOR Amount Payment Periods Terms UBS AG 9/10/06 9/10/21 3 -Month USD $20 Million Quarterly Actual/360 LIBOR N14695ON Page 2 rf A P2 68 1111111111111111111111111111111111111 11111111111111111111111 + 0 1 2 3 4 5 6 7 8 9+ PART II: SCHEDULE OF U.S. DOLLAR LIBOR -BASED INSTRUMENTS A. SWAPS AND FORWARD RATE AGREEMENTS (interest Rate Swaps, Amortizing Swaps, Basis Swaps, Asset Swaps, Inflation Swaps, Total Return Swaps, Currency Swaps)' Maturity/ Tenor and Frequency Defendant Effective Date Cancellation Date' Currency of Notional of LIBOR Non -Standard Paying LIBOR (Month/Day/Year) (Month/Day/Year) LIBOR' Amount Payment Periods Terms' IF YOU NEED ADDITIONAL SPACE TO LIST YOUR TRANSACTIONS, PHOTOCOPY THIS PAGE. For each swap, only complete this chart for the leg of the swap where you received LIBOR -based payments from a Defendant, with the exception of basis swaps (see below). For amortizing swaps, you must list initial notional amount and provide a schedule of the amortization, reflecting the notional amount for each payment period. For forward rate swaps, list the LIBOR payment date in the Start date, and leave "End date" and "Frequency" fields blank. For basis swaps, where both legs are tied to LIBOR, list the terms of both legs of the swap in consecutive lines, indicating for which one you are paying and receiving LIBOR -based payments. For forward rate agreement, list the LIBOR payment date in the Start date, and leave"End date" and 'Frequency' fields blank. Further -definitions for each of these instruments can be found in the Notice, available on the website. 2 If the transaction was cancelled before the maturity date, list the cancellation date not the maturity date. 3 If any multiplier is applied to the LIBOR -based payments (e.g., 66% of 3 -month LIBOR), or spread (e.g., 8 basis points added to 3 -month LIBOR), include that in this column. 4 The following standard terms will be used unless otherwise indicated here. The standard "Accrual Convention" (which measures the length of the accrual period) is actual/360 (meaning the actual number of days in the interest accrual period is divided by 360 to calculate payments). The standard "lookback days" (which is the gap between LIBOR fixing date and rate effective date) is 2 days. The standard date convention is modified following, and the standard holiday calendar is New York and London. The standard compounding is flat. Page 3 of 6 P2 69 I (1111) IIIII IIIII Illi/ IIIII Illtl Illlt IIIII IIIN IIIII Itll IIII * 0 1 2 3 4 5 6 7 8 9 PART II: SCHEDULE OF U.S. DOLLAR LIBOR -BASED INSTRUMENTS B. BONDS AND FLOATING RATE NOTES Issue/ Maturityl Frequency Purchase Dates Call]Sale Date' Tenor and of LIBOR Defendant (Month/Day/ (Month/Day/ Currency of Payment Amount Non -Standard Paying LIBOR' Year) Year) LIBOR' Periods (in $) ISIN/CUSIP Terms' �D��DOC]0 C�C�D�D��IOC IF YOU NEED ADDITIONAL SPACE TO LIST YOUR TRANSACTIONS, PHOTOCOPY THIS PAGE. ' If you purchased the instrument from a non -panel bank, indicate the name of the seller as well as the defendant paying LIBOR. 6 If you purchased the. instrument after it issued, please enter both the issue date and purchase date. ' If you sold the instrument or it was called before it matured, use the earlier of the maturity, call and sale date. ' If any multiplier is applied to the LIBOR -based payments (e.g., 66% of 3 -month LIBOR), or spread (e.g., 8 basis points added to 3 -month LIBOR), include that in this column. 9 The following standard terms will be used unless otherwise indicated here. The standard "Accrual Convention' (which measures the length of the accrual -period) is actual/360 (meaning the actual number of days in the interest accrual period is divided by 360 to calculate payments). The standard 'lookback days" (which is the gap between LIBOR fixing date and rate effective date) is 2 days. The standard date convention is modified following, and the standard holiday calendar is New York and London. The standard compounding is flat. Page d of R P2 70 I lllill I11I11111111[111111111111 VIII 11111 11111 1!111 Ill1 Illi * 0 1 2 3 4 5 6 7 8 9 PART III: SUBMISSION TO JURISDICTION OF COURT AND ACKNOWLEDGMENTS I (We) submit this Proof of Claim form under the terms of the Distribution Plan of Net Settlement Fund described in the Notice. I (We) also submit to the jurisdiction of the United States District Court for the Southern District of New York (the "Court"), with respect to my (our) claim as a Class Member and for purposes of enforcing the releases set forth herein. I (We) further acknowledge that I (we) will be bound by the terms of any judgment entered in connection with the Settlement in the Action, including the releases set forth therein. I (We) agree to furnish additional information to the Settlement Administrator to support this claim, such as additional documentation for transactions in U.S. Dollar LIBOR -Based Instruments, if required to do so. I (We) have not submitted any other claim covering the same holdings of U.S. Dollar LIBOR -Based instruments during the Class Period and know of no other person having done so on my (our) behalf PART IV., RELEASES AND WARRANTIES 1. I (We) hereby acknowledge that we have read and agree to the terms of the Releases set forth in the Settlement. 2. 1(We) hereby warrant and represent that I am (we are) a Class Member as defined in the Notices, that I am (we are) not one of the "Released Parties' as defined in the Settlement, and that I (we) believe I am (we are) eligible to receive a distribution from the Net Settlement Fund under the terms and conditions of the Distribution Pian. 3. 1 (WE) UNDERSTAND AND INTEND THAT THE SIGNATURE BELOW REGARDING CERTAIN INFORMATION FOR THE INTERNAL REVENUE SERVICE CONCERNING BACKUP WITHHOLDING ALSO SERVES AS THE SIGNATURE VERIFYING THE INFORMATION AND REPRESENTATIONS IN THIS PROOF OF CLAIM. 4. This release shall be of no force or effect unless and until the Court approves the Settlements and it becomes effective on the Effective Date. 5. 1(We) hereby warrant and represent that I (we) have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof. PART V. CERTIFICATION Enter TIN on the appropriate line. • For sole proprietors, you must show your individual name, but you may also enter your business or "doing business as" name. You may enter either your SSN or your Employer Identification Number ("E1N") • For other entities, it is your EIN. Social Security No. (for individuals) or Employer Identification Number F__ If you are exempt from backup withholding, enter your current TIN above and write "exempt" on the following line: UNDER THE PENALTY OF PERJURY, i (WE) CERTIFY THAT: 1. The number shown on this form is my current TIN; and 2. 1 (We) certify that I am (we are) NOT subject to backup withholding under the provisions of Section 3406(a)(1)(C) of the Internal Revenue Code because: (a) I am (we are) exempt from backup withholding; or (b) I (we) have not been notified by the Internal Revenue Service that I am (we are) subject to backup withholding as a result of a failure to report all interest or dividends; or (c) the Internal Revenue Service has notified me (us) that I am (we are) no longer subject to backup withholding. NOTE. If you have been notified by the Internal Revenue Service that you are subje ` to backup withholding, please strike out the language that you are not subject to backup withholding in the certification above. Page 5 01P_2 71 1111111 Iflll IIIA VIII VIII VIII VIII VIII 11111 VIII IIII Illi * D 1 2 3 4 5 6 7 8 9 The Internal Revenue Service does not require your consent to any provision other than the certification required to avoid backup withholding. I (We) declare under penalty of perjury under the laws of the United States of America that all of the foregoing information supplied on this Proof of Claim by the undersigned is true and correct. Executed this day of , 20 in Signature of Claimant Signature of Joint Claimant Signature of person signing on behalf of Claimant Capacity of person signing on behalf of Claimant (City) Type or print name of Claimant (State/Country) F I Type or print name of Joint Claimant F- . I Type or print name of person signing on behalf of Claimant Reminder Checklist: 1. Please sign the above release and declaration. 2. If this Proof of Claim and Release form is being made on behalf of Joint Claimants, then both must sign. 3. DO NOT USE HIGHLIGHTER ON THE PROOF OF CLAIM FORM. 4. Keep a copy of your Proof of Claim form and all documentation submitted for your records. 5. If you move after submitting this Proof of Claim, please send your new address to the Claims Administrator at the address below: U.S. Dollar LIBOR Settlement P.O. Box 2602 Faribault, MN 55021-9602 Email: info@BarclaysLiborSettlement.com PageP2 72 i�.:. What am lt, .:Nin tu: _:"to:at�a in.tlie`Class?... ,.• , ..... • - . Unless you exclude yourself from the Settlement, you will give up your right to sue Barclays for the claims being resolved by this Settlement. The specific claims you are giving up against Barclays and all related parties are described in paragraphs 2(ff)-(hh) and 8(b) of the Settlement Agreement. You will be "releasing" Barclays and all related people as described in the Settlement Agreement. The released claims do not, however, include the following: • Certain claims that are subject of the October 7, 2014 Settlement between Barclays and the Exchange -Based Plaintiffs; • Claims under foreign law that relate to transactions outside the U.S.; • Claims to enforce any of the terms of the Settlement Agreement in this case; or • Claims that relate to or are from the purchase of non -U.S. Dollar LIBOR -based instruments or any other claims that do not arise out of the factual predicate of the OTC Action. Notwithstanding the foregoing, persons or entities that only purchased bonds issued by entities other than U.S. Dollar LIBOR Panel Banks are not members of this Settlement Class. Further, claims which are alleged in the Bondholder Plaintiff Action (Case No. 12 CY 1025 (NRB)) concerning U.S. Dollar LIBOR -Based Debt Securities are not released by the OTC Settlement. Thus, any claim based on a U.S. Dollar LIBOR - Based Debt Security may be asserted only against the Bondholder Settlement (and not the OTC Settlement), and will only be released pursuant to the Bondholder Settlement. Likewise, any claim based on a debt security tied to U.S. Dollar LIBOR that was issued by a Defendant (or a Defendant's subsidiary or affiliate) as obligor and was purchased directly from a Defendant (or a Defendant's subsidiary or affiliate) may be asserted only against the OTC Settlement (and not the Bondholder Settlement), and will only be released pursuant to the OTC Settlement.. Any OTC Class Member who is also a member of the class alleged in the Bondholder Plaintiff Action will be entitled to assert claims to share in the settlementfs, established in both actions in accordance with the limitations set forth above,.. Similarly, any member o the class in the Bondholder Plaintiff Action who is.also a member of the OTC Class will be entitled to assert claims to share in both settlement funds in accordance with the limitations set forth above. In addition, claims concerning U.S. Dollar LIBOR -Based Instruments purchased from one or more Non - Defendant OTC Financial Institutions' which are alleged in 33-35 Green Pond Road Assocs. LLC v. Bank of America Corp., et al. (Case No. 12 CV 5822 (NRB)) and Courtyard at Amwell U, LLC, et al. v. Bank of America Corp., et al. (Case No. 12 CV 6693 (NRB)) class actions (collectively the "Non -Defendant OTC Action") are not released by the OTC Settlement. Accordingly, any OTC Class Member who is also a member of the class alleged in the Non -Defendant OTC Action will be entitled to assert claims to share in any settlement funds established in both actions. Similarly, any member of the class in the Non -Defendant OTC Action who is also a member of the OTC Class will be entitled to assert claims to .share in any settlement funds established in both actions. Thus, a person or entity who purchased U.S. Dollar LIBOR - Based Instruments from Non -Defendant OTC Financial Institutions and also purchased U.S. Dollar LIBOR - Based Instruments directly from a Defendant (or subsidiary or affiliate of a Defendant) will be legally entitled to assert a claim to share in any Non -Defendant OTC Settlement with Barclays based on purchases of U.S. Dollar LIBOR -Based Instruments from Non -Defendant OTC Financial Institutions, and will also be legally entitled to assert a claim to share in the OTC Settlement based on U.S. Dollar LIBOR Based ' The "Non -Defendant OTC Financial Institutions" are Wells Fargo & Company; Goldman Sachs Group, Inc.; Morgan Stanley; Metlife, Inc.; U.S. Bancorp; The PNC Financial Services Group, Inc.; The Bank of New York 'Mellon Corporation; Capital One Financial Corporation; Ally Financial Inc.; Suntrust Banks, Inc.; BB&T Corporation; TD Bank US Holding Company; State Street Corporation; Citizens Financial Group, Inc.; American Express Company; Regions Financial Corporation; Fifth Third Bancorp; Keycorp Cleveland; Unionbancal Corporation; Northern Trust Corporation; Bancwest Corporation; M&T Bank Corporation; Harris Financial Corporation; BBVA USA Bancshares, Inc., as well as any of their subsidiaries or affiliates. QUESTIONS? CALL 1-888- 568-7640 OR vISIT www.BARCLAysLIBORSETTLEMENT.COM -7- P273 Instruments purchased directly from a Defendant (or subsidiary or affiliate of a Defendant), but will not be legally entitled to assert a claim to share in the OTC Settlement based on purchases of U.S. Dollar LIBOR - Based Instruments from Non -Defendant OTC Financial Institutions. The Settlement Agreement available at www.BarclaysLiborSettlement.com describes the released claims with specific descriptions, so read it carefully. If you have any questions, you can talk to the law firms listed in Question 20 for free or you can, of course, talk to your own lawyer about what this means. How To RECEIVE A PAYMENT how rani j receive a paymeat? To ask for a payment, you will need to complete and submit a Proof of Claim by December 21, 2017. Claims may be submitted online at www.BarclaysLiborSettlement.com. If you submit a Proof of Claim with your contact information, you will receive future notifications containing additional important information, including with respect to any future Settlements. You may also download and mail your completed Proof of Claim to: U.S. Dollar LIBOR Settlement P.O. Box 2602 Faribault, MN 55021-9602 The Settlement provides a process for Class Members to contest the rejection of a claim.. You will get further details in the letter you receive after your claim has been processed. If your claim is rejected, you may renuest a -r-t---w. You will need to do so in writing and submit reasons for why you are contesting the rejection along With any supporting documentation. If your dispute cannot be resolved, it may be presented to the Court for review. The Court's decision will be final and binding. More details are in a document called the Settlement Agreement, which is available at www.BarclaysLiborSettlement.com. EXCLUDING YOURSELF FROM THE SETTLEMENT If you don't want a payment/benefits from this Settlement, and you want to keep the right to sue Barclays about the issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself --or itis sometimes referred to as "opting out' 'of the Class. To exclude yourself from the Settlement, you must mail a letter or other written document to the Settlement Administrator. To exclude yourself from the Class, you must file a timely written request for exclusion ("Request for Exclusion"). A Request for Exclusion must: * Be in writing; • Be signed by you or your authorized representative; • State your name, address, and phone number; • Include (1) proof of membership in the Class and (2) a signed statement that "Uwe hereby request that Uwe be excluded from the proposed OTC Class in the In re LIBOR Based Financial Instruments Antitrust Litigation, MDL No. 2262"; QUESTIONS? CALL 1-888- 568-7640 OR VISIT wvvw.BARcLAYsLIBORSETTLEMENT.COM -8- P2 74 • Be mailed to the Claims Administrator at the address provided below and postmarked no later than October 9, 2017. You must also provide any other information reasonably requested by the Claims Administrator. You must mail your Request for Exclusion, postmarked no later than October 9, 2017, to: U.S. Dollar LIBOR Settlement P.O. Box 2602 Faribault, MN 55021-9602 No. Unless you exclude yourself, you give up the right to sue Barclays for the claims that you release through this Settlement. No. You will not get a -payment if you exclude yourself from this Settlement. THE LAWYERS REPRESENTING YOU Fit- YR%W"1VN-AV-,7 The Court has appointed two law firms Susman Godfrey LLP and Hausfeld LLP — to represent all OTC Class Members as interim "Class Counsel.," They can be contacted at: William C. Carmody Michael D. Hausfeld 41 -4� Susman Godfrey LLP Hausfeld LLP 13.01 Avenue of the Americas, 1700 K Street NW, Suite 650 32nd Floor Washington, DC 20006 New York, NY 10019 You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. F-11 Class Counsel will ask the Court for attorneys' fees up to one-third of the $120 million Settlement Fund as well as reimbursement for costs and expenses, The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will decide the amount of fees to award. Class Counsel will also request that special service payments. of up to $25,000 each be paid from the Settlement Fund to the Class Representatives for their service as representatives on behalf of the whole Class. OBJECTING To THE SETTLEMENT If you are a member of the OTC Class, you can object to the Settlement if you don't like some part of it. To object, you must submit a letter or other written document that includes the following: QUESTIONS? CALL 1-888- 568-7640 OR. VISIT www.13ARcLAysLIBORSETTLEMENTCOM -9- P275 • Your name, address, and telephone number; • A statement saying that you object to the Settlement in In re LIBOR -Based Financial Instruments Antitrust Litigation, MDL No. 2262; • Whether you plan to appear at the Fairness Hearing (see Question 25); • Proof of membership in the Class, including documentation evidencing the purchase of a U.S. Dollar LIBOR -Based Instrument during the Class Period (August 2007 and May 2010); • The specific reasons you object to the Settlement, along with any supporting materials or documents that you want the Court to consider; and • Your signature. The objection must be mailed to the three addresses listed below with a postmark no later than October 9, 2017. Note: You may mail it to the Court, but it must be received by the Court and filed by that date. If your objection is not postmarked by the deadline and does not include the information listed above, it will not valid. x ��.i�::�.` ,. �'1.�'.t 1 1~ � �� IU� - ra: :'� . �,..� a - ��. - � .�Y '�''F=.. r ..'�.a�K: � � ;z?�tttid `��^t.;,'.�'�'x ` � � ::` "'•� a ' .+�.0 Y-�'�.- .-�','1l! �R,'... -4 ,. •i� ti��.�� ;V�� �E"f��..K .,,yi,. Objc::': g is tellin^ the Court that you don't like something about the Settlement. You can object only if you don't exclude yourself from the Class. Excluding yourself is telling the Court that you don't want to be part of the Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you. THE FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the Settlement and any requests for fees and expenses. You may attend and you may ask to speak, but you do not have to, The Court will hold a Fairness Hearing at 10:30 a.m. on October 23, 2611, at the Daniel Patrick Moynihan United States Courthouse, Southern District of New York, 500 Pearl St., New York, NY 10007, Courtroom 21A. The hearing may be moved to a different location or time*without additional notice, so it is a good idea to check www.BarclaysLiborSettlement.com or call 1-888-568-7640: At this hearing, the Court will consider whether the Settlement, Plan of Allocation, and any proposed fees and expenses are fair, reasonable, and adequate. If there are objections, the Count will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. QUESTIONS? CALL 1-888- 568-76411 OR VISIT www.'BARCLAYSLiBoRSE ' TLEMENT.COM _10- P2 7 0P276 x. Hon. Naomi Reice Buchwald William C; Carmody Matthew Porpora Daniel Patrick Moynihan Susman Godfrey LLP Sullivan & Cromwell LLP United States Courthouse 1301 Avenue of the Americas, 125 Broad Street 500 Pearl St. 32nd Floor New York, NY 10004 New York, NY 10007 New.York,,NY 10019 If your objection is not postmarked by the deadline and does not include the information listed above, it will not valid. x ��.i�::�.` ,. �'1.�'.t 1 1~ � �� IU� - ra: :'� . �,..� a - ��. - � .�Y '�''F=.. r ..'�.a�K: � � ;z?�tttid `��^t.;,'.�'�'x ` � � ::` "'•� a ' .+�.0 Y-�'�.- .-�','1l! �R,'... -4 ,. •i� ti��.�� ;V�� �E"f��..K .,,yi,. Objc::': g is tellin^ the Court that you don't like something about the Settlement. You can object only if you don't exclude yourself from the Class. Excluding yourself is telling the Court that you don't want to be part of the Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you. THE FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the Settlement and any requests for fees and expenses. You may attend and you may ask to speak, but you do not have to, The Court will hold a Fairness Hearing at 10:30 a.m. on October 23, 2611, at the Daniel Patrick Moynihan United States Courthouse, Southern District of New York, 500 Pearl St., New York, NY 10007, Courtroom 21A. The hearing may be moved to a different location or time*without additional notice, so it is a good idea to check www.BarclaysLiborSettlement.com or call 1-888-568-7640: At this hearing, the Court will consider whether the Settlement, Plan of Allocation, and any proposed fees and expenses are fair, reasonable, and adequate. If there are objections, the Count will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. QUESTIONS? CALL 1-888- 568-76411 OR VISIT www.'BARCLAYSLiBoRSE ' TLEMENT.COM _10- P2 7 0P276 f No. Class Counsel will answer questions the Court may have. But, you or your own lawyer are welcome to attend at your expense. If you send an objection, you do not have to come to Court to talk about. it. As long as you mailed your written objection on time, the Court will consider it. You may also have your own lawyer attend, but it is not necessary. You may ask the Court for permission to speak at the Fairness HeAring.:'To speak at the Fairness Hearing, you must send a letter or other written document saying that the letter or document is your "Notice of Intention to Appear" in In re LIBOR -Based Financial Instruments AntitrusfLifigation, MDL No. 2262. Be sure to include your name, address, telephone number, and your signature. You must send your "Notice of Intention to Appear" to the addresses listed in Question 22, so it is—pQstroarked no later than October 9, 2017. -.GETTING-MORE INFORMATIQW. This notice summarizes the.proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement at www.BarclaysLiborSettlement.com. You also may write with questions to U.S. Dollar LIBOR, P.O. Box 2602, Faribault, MN 55021-9602, or email info@BarclaysLiborSettlement.com, or call the toll-free number, 1-888-568-7640. You can also get a Proof of Claim at the website or by calling the toll-free number, 1-888-568-7640. QUESTIONS? CALL 1-888- 568-7640 OR VISIT WWW.BARcLAYsLiBORSEMEMENT.COM P2 77 vu t$uA zouz FARIBAULT MN 55021-9602 IMPORTANT LEGAL MATERIALS 111111111111111 00011%988 ]NDIAN RIVER'COUNTY OFFICES MR WILLIAM G COLLINS CHIEF LEGAL COUNSEL 1801 27TH ST BLDG A VERO BEACH .FL 32960 e PRESORTED FIRST-CLASS MAIL U.S. POSTAGE PAID - Rust Consulting, Inc -UAA 000013891 P278 a�a INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: August 14, 2017 SUBJECT: Thomas F. Scott's Request for Extension of Site Plan Approval for an Assisted Living Facility Development to be Known as Reflections ALF (SP -MA -15-11-32 / 2003070312) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 19, 2017. DESCRIPTION & CONDITIONS On October 22, 2015, the Planning and Zoning Commission granted major site plan approval to construct a 98 unit (125 beds) adult living facility (ALF) / adult congregate living facility (ACLF) development on a 6.80 acre commercial site located on the east side of US 1 near Schumann Drive, adjacent to the Reflections on the River condominium development. Currently, the site plan approval expiration date is October 22, 2017. On July 27, 2017, Thomas F. Scott, the project applicant, filed a request to extend the site plan approval expiration date for 90 days for a new expiration date of January 20, 2018. Mr. Scott states that construction activities have been delayed due to financing issues and obtaining jurisdictional permits (see attachment #1). The Board is now to consider the 90 day site plan approval extension request. ANALYSIS Although minor amendments have been made to the LDRs since the project site plan was initially reviewed and approved, the Technical Review Committee (TRC) members agree that the amendments are not significant enough to require revisions or redesign of the project. Accordingly, all TRC members have reviewed and approved the extension request. As allowed under provisions of the LDRs, the developer is requesting a 90 day extension of the site plan approval expiration date, which is less than the maximum 1 year allowed. For the project to proceed, construction must commence prior to the site plan approval expiration date. Pursuant to Chapter 914 of the LDRs, the Board of County Commissioners may deny, approve, or approve with C:\Users\legistar\AppData\local\Temp\BCL Technologies\easyPDF 8\@BCL@CCODF3CO\@BCL@CCODF3CO.rtf I P2 79 conditions the requested site plan extension. Staff has no objections to the Board granting the request since the site plan conforms to existing LDR requirements. Granting the request will provide a total application approval timeframe of 2 years and 90 days with a new site plan approval expiration date of January 20, 2018. RECOMMENDATION Staff recommends that the Board of County Commissioners approve Thomas F. Scott's request for a 90 day extension of the site plan approval for the Reflections ALF development with all original approval conditions to remain in effect. The new site plan approval expiration date shall be January 20, 2018. Attachments: 1. Request Letter 2. Location Map 3. Site Plan 4. List of Approval Conditions C:\UsersUegistar\AppData\L.ocal\Temp\BCL Technologies\easyPDF 8\@BCL@CCODF3C0\@BCL@CCODF3CO.rtf 2 P280 Community Development Department Mr. Stan Boling Director 180127" Street Vero Beach Florida 32960 July 26, 2017 F L E C T V%�' N S ON THE RIVER . 201T` c� RE: Reflections ALF Major Site Plan {2003070312-75272 / SP -MA -15-11-32} Dear Mr. Boling I am writing this letter requesting an extension of 90 days of our site plan approval dated October 22, 2015, with an expiration date of October 22, 2017. We are in the process of completing our application for financing, and gathering the balance of all requirements for the site plan approval. We had our first meeting with the Indian River County Building and Fire Department, with a complete set of building plans, for a heads up on the plans. Sincerely TKo-mas F. Scott (mm) Reflections PO Box 651249 Vero Beach FL. 32965 1-772-696-1651 1 fscott410-att.net ;AJTACM1 .P2 §.1 RE ,is P283 t ((4z1$aVJ YUlal7 paISISSV YUOl a aY �•- F , r'r�rSs--�-'ter-.�T�'�-�- '� -- —"�'=— -r..— F-�••`��-�. z 1 \ 1 A 7-1 xj 4-1 ki\ r Fz 84 Qdnbcr 27, 2015 JUL R COUNT v. C7/ CON WVW.NMTM'EV9LOPbMNT ORPA".1 M. WP 1801 27th steak. veto Beach 113190 172-226-123"Y / 772-978-1906 fix n,ww.h-,qWV.Corn -D,q ,_* ljrpa, r id T &istainaNe Rorinwe g & Design. LLC I 11 3.134 Dog". od Drive Fw yetteNiUe AR 72740 RR Reflwfi= ALF MajoySitePiaa [2M3O7O3l2-75272/SP-MA,15-I1321 Dew NU. PhiWps: At its tneadng of OcOber 22, 2015, the Planning and Zoning Commission grwW m-appmval "final" site plan approval for the, rofermced, project. The reapprovitl supersedes prminusly a M�avo SP -MA -12-08-18 and AA -14-G&70. This action approves tine w4or sire plea for an allt lhina &cility (AIF), also known as an adult congregate riving &ciHty (ACLF) with 99 units f25 Ws), to be locaului on the, east side of US, I near Schumann Drive, adjacent to ft Refiwtions tin tb&-. River oorAomini= development, vdth the following conditions: I . Prior to site plan relme, the awlicam shall svhmh ail rNuir.-djunsdictional pennits to ptanning slaff, wbichindude t1w fodowing: a. Indierf kiwir, County InifiW.Find Conaun-ency b. buii-M R.,ver awaly Stormwater Type -W-. Permit C. Indian R iver County Ri&-*f-way Pemit d. Indian Z-,er Count) LaAd CleRing Permit 0. man Rx~ver County Tree RemcwW Permit Indlan.R;ver County Utility Permit SMWIADIERP General Modifitcatior. Permit A. FDEP Domestic Wastewater Permit i. MOT Gmeml Use Permit j. mwr. Dxfwe permit armw RKA Drivoway Cunnewdon Permit 2. Nor to issuance of a 1wd clearing and two removal permit, the applicant shalt submit to county frauds for fee-in-fiev of u-ce mitigation. 2185 ATTACHMENT --- - - - - - - - - - - - - - - 3. ?nor to site plan release, the qvucW "I: a. Obtahn writ m apmoval frons PWIC Works Rr, the constluctor LXM RoMO). b. Record a ukty of tid,--. acceptable. L^ couaty weft. 4. Mor w the issuance of a certif icate of occupmcy (C.(?.): & A I required larJscape buffers and opaque feaum shall be installed. h— The UST tam lane, improvements "I be cornpleted. c. "Im sidewr& along the sites ITS frontage shaft be maintained, repaired, or aoed as deter inetilby Publio Wcfn. d. 'rw applicut dball demonstrate to couarf staff mmpliavzovith Stade zeguladors for W ALF use. 5. Then sbalbe no incrme over 123 rosidents/Leds unless special exmdon me wVroval s grmtad for an inmpsso. S. Any change m the prqJf.--t a%-& of development from vAst is presetued in the subject she plan appbcafton shall requite a sin.- pian modiAcanon, and thz applicam " comply iv,th all county LORs Mated to the size ac the mWaty. 7, Project.conm=tion must follow County mmuction hours ztg, cations under 974.04(2): M Cormeuctan eq anent w acehIN. U AuU be -am*fd Ito operate M equipmeW, or ivrform any aside coastmicd= at repair v,.wk on Wfidw,10, stmetures, roads, or proicims wift t1lo witty bet wwn the hours of 9:00 p.va. aad 6:00 iL=. union an adm�isftaflve sp , moval as set forth in sevdor. Q74.0 for mx-,h construction or .repair work bl-tween such hams has bm obtained frm hdwm Rive County on the basis of good mom shown. 111t*se be adhnsed thei site pW. V.Mvd shall terminate and become aull and void without notice if constrwtion has not commenced vdWn 241 months from the date of approval, Site plan qpproval may bc. wwded.ono time onty fez good cam by the Bomi of County Commisfiiancs fi)r a period not to exceed 12 .m6 ¢. Consirtaction o.UA be vxWldcred abandoned and site plan approval &WI be MMInated if a gDod Nth f0ort W Proceed ;?A& the completion of the project -1 s raiod of 6 mai#b& Tress =A oc�tnred-' for a coiatiumu. - 3e advised that: the Plmnix% Misim may Tequest that a Code Enforcement Cofficer will oviduct periodic site ".inspections to ensure ft project is being completed !n ac/.,or whh- the approved siteplan..Pricr to obtaining a cm1ificate, of Occupar�;� for M pwject, the applicant shall schedulr, a final w-specstkough the planning division by Mowing the atta6h6d procedural cheWisL may provide any firther assistamm, please contact me at 772-226-1235 or jSnccOY@iVCgOV.coM, 4 P286 ,off W. McCoy", &TF Clue.� Oxmt Dwelopram.- t Attacbmexa: C.O. Prod Checklist lcc^. Stan Bchn% AJCP (via e -anal) Roland M. Deffiois. AICP (m e -mil) Outs Mmv, P.E. (via v-mafl) "a -F. (via C-m-Ifi.) Irincent Burke (v,.& A*np wmapda (Via C-mflif j Jobn Kn (pa e-maill) David %"44 P.E. Nia 6 -ma"', Yedd'faW (m e-mQ J' mr BMW (VM a-rlail) Imc RoInd NA e-mail SmimmenW Health (via e-umd) jcm Hobbs (via 6 -mail) Tom swtt (vis. e -wail) Reflection: Holding Co., Lir— (via c -=U) JoMh Paladin (Via O-Inailq ron "Oook (14a e-mail) Bob Adwaft (LM, vigil) Thamm lricmey (via *-U�) Todd ffo,.mdw (N -Li. eMm*) Davit! Klein (via *-m*) BRITue,&,� , Deputy Counly filAurney (via e-mail') CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Maria Resto, Radiological Emergency Analyst/Radio System Manager DATE: August 21, 2017 SUBJECT: Approval of Extension of FX Software Agreement It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On September 10, 2013, the Board of County Commissioners approved the bid purchase (Bid # 2014001) of the annual software services (FX Software) from Harris Inc. for the 800 MHz Public Safety Radio System. The FX Software provides enhancements and corrections to public safety Enhanced Digital Access Communication System (EDACS) backbone and radio components. It also assures the County that any new generation radios, hand-held or mobile units, would seamlessly integrate into our communication network. The signed agreement includes provisions for one (1) year extensions as agreed upon parties. Harris has agreed to extend the price, terms, and conditions for another year. FUNDING: The FX Software is a budgeted expense and funds are available in the 001-107 (Communications/Emergency Services) account. Account Number Agreement Amount 00110719-035120 30,000.00 RECOMMENDATION: Staff recommends the Board authorize a one (1) year extension to the FX Software Agreement. ATTACHMENT: 1. Two (2) Original Copies of Amended Agreement between Indian River County and M/A- COM Inc. 2. FX Software Agreement 2017-2018 Quote P2 88 July 25, 2017 HARRIS CORPORATION RF Communtcadons 221 Jefferson Ridge Parkway Lynchburg, VA USA 24501 phone 800 366-3277 http//www.rkomm.harris.comfpubliesefety/ Extension of EDACS FX Agreement This Modification authorizes the extension to the EDACS FX Agreement executed between Indian River County, FL, the Subscriber, and Harris Corporation (formerly M/A-Com, Inc.), the Seller, dated 10/31/97. This term of this extension shall begin on August 1, 2017 and expire on July 31, 2018. EDACS Software FX Services-lYear SSSVIF $30,000.00 Subscriber agrees to an extension of the existing EDACS FX Services Agreement for a one (1) year term, based on the payment terms agreed to by Subscriber and Seller or its EDACS Reseller/EDACS Strategic Integrator. Upon expiration, the Subscriber may request and additional extension, which will be agreed upon by both parties at that time. The terms and conditions of the above-mentioned Agreement remain in effect except as modified herein. By:a"40 Repr entativi for Harris Corporation Date: 7—d7-1-2 By: Representative for Indian River County Date: assnredcomMUWCad0M* P2 89 • COMMUNICATIONS INTERNATIONAL An Employee Ownetl Company Communications International 4450 US Highway 1 VERO BEACH, FL 32967 Customer (Bill to) IRC Emergency Services - EOC Emergency Services Dept Radio Systems Manager 4225 43rd Avenue VERO BEACH, FL 32967 Project quotation confirmation Description FX agreement for period of August 1st, 2017 to July 18th, 2018 Page 1 of 1 Quotation Number Q00001142 Date 08/18/2017 Expiration Date 09/17/2017 Terms of Payment N30 Customer Contact Customer PO Salesperson Jeffery L Willingham Quotation Name IRC Emergency Services - EOC Customer Site (Delivery address) IRC Emergency Services - EOC Emergency Services Dept Radio Systems Manager 4225 43rd Avenue VERO BEACH, FL 32967 Quotation Description Item Quantity Unit Price Discount Discount Extended Line Percent Amount Price Item Annual Software Services Small SSSV1 F 1.00 30,000.00 0.00 0.00 30,000.00 Multi -Site By signing this quotation and/or submitting a purchase order pursuant to this quotation you acknowledge that you have read and agree to be bound by Communications international, Inc: s terms and conditions of sale, service, and technical support. Orders may be subject to shipping & handling charges. All warranties are manufacturer's warranties. Terms and Conditions: www.ask4ci_comltermsconditions Sales subtotal amount Sales tax amount Net amount 30,000.00 0.00 - 30,000.00 Order Acceptance - Please sign below Printed Name Signature Date P2 90 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Erin Baskins, Staff Assistant IV Department of Emergency Services DATE: August 22, 2017 SUBJECT: Invitation from John's Island Golf Club for Staff to Participate in a "Public Safety Day" Golf Outing It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: John's Island Club General Manager, Brian Kroh, has extended an invitation to the Emergency Services staff to attend the annual "Public Safety Day" scheduled for October 15, 2017. The inaugural golf outing was an expression of appreciation for assistance in suppressing a fire at John's Island West Clubhouse in 1990. Since that time, John's Island Club sponsors an annual public safety day for all county and municipal public safety agencies, including paramedics, firefighters, law enforcement officers, dispatchers, and administrative staff. Chapter 104.06 (5)(b)(8) of the County Code allows units of the county employees to participate in "Local outings ... with prior approval of the Board of County Commissioners..." Emergency Services employees have participated in the annual outings for many years after receiving approval from the Board. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff respectfully requests favorable consideration by the Board regarding the invitation from John's Island Club for Emergency Services staff to participate in the golf outing. ATTACHMENTS: 1. Invitation letter dated August 18, 2017, from Brian Kroh, Johns Island Club General Manager P291 6f .r 1 rdl Brian R. Kroh General Manager August 18; 2017 Mr. John King Director, Department of Emergency Services Indian River County EMS Office 4225 43rd Avenue Vero Beach, Florida 32967 Dear Mr. King: John's Island Club cordially invites you and your Indian River County staff to the 24th complimentary "Public Safety Day" golf outing on Sunday, October 15, 2017. The event consists of an 18 -hole scramble tournament on our North or South golf course, followed by lunch at the Golf clubhouse. Because of the event's enormous popularity, we respectfully request that you limit participation to actual employees within your Indian River County Public Safety organization (i.e... no spouses or guests). Please email or call the John's island Club Golf Shop at golf@johnsislandclub.org or 2314615 as soon as possible with the names of all those in your organization who want to participate, so we may plan accordingly. If you have specific pairing requests, please note them whale registering. A.11 other players will be randomly paired. The golf outing is a shotgun start at 9:00 a.m., so please remind all participants to be at the Golf clubhouse no later than 8:30 a.m. Additionally, your help in making your staff aware of the enclosed guidelines regarding golf course dress code, use of the golf carts, care of the course, and pace of play is greatly appreciated. Sinc_ rely, kk d�- Brian R. Kroh General Manager .3lolln'S IVRnd Aime, I17diaji Rivei'.Sboi-es, Florida 3296.3 - (772) 2.31-8.500 - knoliaa 6lwsislendcluh.org P2 92 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: Scott McAdam, Building Official DATE: August 14, 2017 SUBJECT: Request to Waive Bid Process for Supplemental Building Inspection Services for Fiscal Year 2017/2018 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 12, 2017. DESCRIPTION & CONDITIONS For the past few years, the County has relied on supplemental building inspection services to handle increased inspection loads even as the County continues to seek hiring an additional inspector. The County does not have existing bid awards with any such companies, and therefore is limited to authorizations of $50,000 per company unless the Board waives the bid process. Last November, the Board waived the bid process for the fiscal year 2016/2017. Because authorizations per company will exceed the $50,000 limit during the 2017/2018 fiscal year, staff is seeking Board approval to waive the bid process for qualified supplemental building inspection service providers for fiscal year 2017/2018. ANALYSIS The Building Department continues to experience a steady increase in permit and inspection activity. This increased demand and the desired level of customer service have created the need for increased inspections which are unable to be met by current staffing. The County has advertised and diligently searched for additional inspectors for the past 24 months, with some success, although a full team of inspectors has not yet been filled. Staff has confirmed that many Florida counties are still in the same difficult hiring situation and some jurisdictions have significant unfilled position vacancies. In fact, supplemental providers have also had difficulty fulfilling demand and it is in the County's interest to have a pool of supplemental providers to use. It is anticipated that the County will need to continue relying on supplemental inspection services during this fiscal year. Accordingly, the County has budgeted $500,000 for such services for fiscal year 2017/2018. CAUsers\GRANIC-1\AppData\Loca1\Temp\BCL TechnologicAeasyPDF 7\@BCL@ 1806FF58\@BCL@ 1806FF58.docx P293 The County uses the services of GFA International by piggy -backing off of a contract for inspection services with the Town of Jupiter and will use the services of Calvin, Giordano & Associates by piggy -backing off of a contract for inspection services with the City of Cape Coral. The County also uses the services of MT Causley via a purchase order based on an agreement executed by the Building Division dated March 13, 2014. The agreement was extended by the County (ratified by the Board) through September 30, 2017. The Board now needs to approve various items to ensure that staff can use the services of GFA, MT Causley, Calvin Giordano, and other qualified inspector services. Staff is requesting Board permission to waive the formal bidding process for fiscal year 2017/2018 for MT Causley, GFA International, Calvin, Giordano & Associates, and other qualified supplemental providers as needed. In addition, staff needs the Board to authorize the Purchasing Manager, after approval by the Budget Office, to approve purchase orders and Change Orders for authorized firms up to the available budgeted amount. RECOMMlENDATION Staff recommends that the Board waive the bid process requirement for supplemental building inspection services for the 2017/2018 fiscal year; ratify the agreement and amendments with MT Causley; and authorize the Purchasing Manager, after approval by the Budget Office, to approve purchase orders and Change Orders for authorized firms up to the available budgeted amount. ATTACHMENT 1. MT Causley Agreement and Amendments C:\UsersIGRANIC—I\AppDatall.ocal\Temp\BCL TechnologieAeasyPDF 7l@BCL@ 1806FF58t@BCL@ i 806FF58.docx P2 94 M.T. CAU_ SLE Y, LLC f"JU11,L)ING OHPAnTMENT & GOVERNMENTAL SEnvicE:s PROPOSAL August 2, 2017 To: From: Scott P. McAdam, CBO, MCP M.T. Causley,, LLC Building Official 97 NE 15 Street Indian River County Homestead, FL 33030 Phone (772)226-1268 Email: smcadam@ircgov.com M.T. Causley, hereinafter referred to as "MTC", proposes to supply Supplemental Building Department Services in response, to a request from Indian River County, hereinafter referred to as "County". Services: M.T. Causley will provide the County with Supplemental Building Department t Service including Florida State licensed plans examiners and inspectors and permit technicians. Services will be provided during the County's designated work schedule.. Services can be provided beyond the typical business hours at an additional fee on a cost recovery basis. MTC shall implement and enforce the building codes of the County and shall engage such personnel and equipment as, in its opinion, 'is deemed adequate for such purposes. Should the County object to the method and manner of the implementation of the codes by MTC, the County shall notify MTC, in writing, specifically identifying areas of inadequacy and MTC shall have thirty (30) days after receipt of the notice to cure such inadequacies. If the inadequacies have not been corrected within the time period provided, the Agency shall be deemed to have breached the contract and the County will have cause to terminate. This agreement shall not authorize the performance of any construction work within the County by persons or organizations not duly licensed. MTC shall not issue a building Page I of 7 P295 Indian River County 8.2.17 permit to any contractor, subcontractor, or others for the performance of work in the County who are not properly licensed and authorized to do such work. MTC will not authorize or allow any such development that is in violation of any County; State or Federal law. Term The term of the contract will be for one year, with a two-year renewal option to include a cost of living increase. Compensation MTC shall perform inspections from permits issued at the direction of the County authority and forward those reports to the appropriate person(s) with the findings, The County shall compensate MTC for any activities and meetings relating to the duties herein based on the Rate Sheet, Exhibit A, for all such duties and meetings performed during the County's regular business hours. The County shall compensate MTC for all such duties and meetings occurring other than normal business hours based on the Rate Sheet, Exhibit A. MTC shall provide a statement for services rendered, and a recap of permits issued for each month, The County shall compensate MTC by the 15th of the month following the period of services rendered. Termination: Either the County or MTC* may terminate this agreement after six months of the date of this agreement and upon 60 days Written notice to the other party of the intention to terminate. At the time of termination, County will compensate MTC for services rendered up to the date of termination. Any notice to the County shall be sent to the Municipal authority directly in charge of inspection procedures. Any notice to the Agency shall be sent to M.T. Causley, Inc., 97 N.E. 151h Street, Homestead FL 33030. Staff: During the term of this agreement, and for a period of one year after termination of this agreement, the County shall not negotiate with or hire any individual who is employed with MTC at the termination of this agreement. The County shall not negotiate with or hire any individual who was employed by MTC during 'the term of this agreement for at least one year after termination of their employment with MTC. Page. 2 of 7 P296 Indian River County 8.2.17 Indemnity MTC agrees to indemnify the County, its employees and agents from and against any and all claims, suits, demands or causes of action, arising out of any act or omission of MTC, and causing injury to any person or persons or property, whomsoever and whatsoever. Correspondingly, the County agrees to indemnify, save and hold harmless MTC from and against any claims, suits, causes of action or expense, arising out of any act or omission of the County or its employees, and causing injury to any person or persons or property, whomsoever and whatsoever, to the extent allowed or permitted by applicable law. MTC agrees to; at all times, at its expense, carry comprehensive general liability insurance in the amount of no less than one million dollars. A certificate of insurance indicating that -such, policies are in full force and effect will be supplied to the County. The County agrees to provide to MTC proof of the existence of comprehensive general liability insurance upon request, Right to audit Provider shall maintain adequate records for the Services performed under this Agreement for three (3) years following completion of the Services, or conclusion of any litigation regarding this Agreement. The County shall have the right to audit Provider's books and records, at the County's expense, upon prior notice, with regard to the Services provided to the County hereunder. Failure by Provider to permit such audit shall be grounds for termination of this Agreement by the County. Insurance Provider shall purchase from and maintain, in a company or companies lawfully authorized to do business in Florida, such insurance as will protect the County from claims set forth below which may arise out of or result from performance under this Agreement by Provider, or by .a subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone for whose acts Provider may be liable, The insurance required shall be written for not less than the following limits of liability. Coverages shall be maintained without interruption from the effective date of this Agreement until date of final payment and termination of any coverage required to be maintained after final payment. Any liability coverage on claims made basis shall remain effective for five (5) years after final payment. (1) General Liability — coverage in the minimum amounts specified below, and with a maximum deductible of $25,000 per occurrence. Page 3 of 7 P297 Indian River County 8.2.17 General Liability $500,000 per occurrence $1,000,000 aggregate annually Property Damage $500,000 per occurrence .$1,000,000 aggregate annually, (2) Automobile Liability $300,000 combined single limit per occurrence (3) Workers' Compensation: Workers' Compensation and Employer's Liability Insurance with limits as required by Chapter 440, Florida.Statutes. Certificates of Insurance shall be delivered to County prior to execution of this Agreement. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for non-payment or 45 days' prior notice of cancellation otherwise. All certificates for general liability coverages shall name the County as an Additional Insured. If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted along with the application for final payment. The Provider shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate of Insurance shall be dated and show the name of the insured, the specific Project or Agreement by name, the name of the insurer, the number of the policy, its effective date, and its termination date. Misc 1. This Agreement shall be governed by the law of the State of Florida with respect to the interpretation and performance. Any suit brought in connection with this agreement will be brought and maintained in Indian River County, Florida. 2. If any provision of this agreement is held to be invalid or unenforceable for any reason, this agreement shall remain in full force and effect in accordance with its terms, disregarding such unenforceable or invalid provision. 3. This agreement contains the entire understanding of the parties as to the matters contained herein, and it shall not be altered, amended or modified except by a writing executed by the duly authorized agents of both the County and MTC. Page 4 of 7 P2 98 Indian River County, &2.17 4. Any failure of a party to enforce the party's rights under any provision of this agreement shall not be construed or act as a waiver of said party's subsequent right to enforce any of the provisions contained herein, 5. The County shall provide for MTC office space, desks, chairs, file cabinets, local phone service and use of photocopier and fax machine for MTC during the term of this agreement. MTC shall be responsible for its long-distance phone charges other than those related to Municipal business, office supplies and office equipment necessary for the performance of its responsibilities. The location and size of MTC's office area shall be determined as mutually agreeable to the County. 6. MTC agrees to provide these services commencing the date of this document or as mutually agreeable. 7. Services the rvices will be conducted under he County's and all other federal, state and local laws, rules, regulations, directives, codes and ordinances. M.T. Causley will be responsible for: 1. Salaries and related taxes 2. Vacations 3. Continuing education courses 4. Vehicles and all related expenses 5. Telephones, cameras, laptops 6. Benefits including retirement 7. Insurance a. Health Insurance b, Automobile (owned and un -owned) c. Professional Liability, Errors and Omission d, General Liability e. Workman's Compensation Page 5 of 7 P299 Indian River County 8.2.17 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year last executed beloW. I INDIAN III RCOUN 7Y By: Scott McAdam, CBO, MCP Date: 2017 PROVIDER M.T. CAUSLEY, LLC By: Print Name: Michael T. Causley President Date: September 2, 2017 APPROVEDAS TO FORM ANIkD�LjEGA UFFIC EN V WILLIAM, K; DEBRAAI: DEPUTY (;UU NTY ATTORNEY Page 6 of 7 P3 00 Indian River County 81.17 CAUSLEY, LLC 6 Ij I L ID I N G D E P A R T 10 1- N T G 0 V E M N M E N TA L 8 F tl V 1 0 1--- S Exhibit A Rate Sheet For Indian River County August 2_2017 *Services requested for US Federal Recognized Holidays and Sundays will be provided at 2 times the standard hourly rate. Page 7 of 7 P301 STANDARD BEYOND 5 PM SERVIC9AND HOURLY RATE SATURDAYS* RDAYS* Plans Examiners (on as=needcd, on-call basis, excluding $71 per hour $106.50 per hour natural disaster events) Inspectors (on as=ne eded, on-call basis, excluding natural $71 per hour $106.50 per hour disaster events) Architects and Engineer Services $139 per hour $208.50 per hour Permit Clerk(s) $41 per -hour $6 1.50 per hour 'In. the event of a natural disaster, the County will be $73 pot hour plus $109.50 per hour provided with licensed, qualified- staff I to conduct expenses i.e., plus expenses i.e., damage assessment services lodging, travel, and lodging, travel, and meals meals If additional plans examiners and inspectors are required to perform construction plan review and inspection services *Services requested for US Federal Recognized Holidays and Sundays will be provided at 2 times the standard hourly rate. Page 7 of 7 P301 Dylan Reingold, County Attorney William. K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 8. Ff Consent Agenda - B. C.C. 9.12.17 Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 23, 2017 SUBJECT: JWD Automotive, Inc. d1bla Napa Auto Care of Cape Coral v. DJM Advisory Group LLC et al. Class Action Lawsuit BACKGROUND. The above -referenced litigation involves the allegation that DJM Advisory Group LLC, Banner Life Insurance Company and William Penn Life Insurance Company of New York sent faxes in violation of the federal Telephone Consumer Protection Act. Indian River County received the attached Notice of Class Action Settlement with Attached Claim Form, because an Indian River County fax number was contained in a list of fax numbers to which advertisements were sent. The defendants in this litigation have 'agreed to make up to $3,500,000.00 available to those who submit proper claims. Class members who received more than one fax and have copies of those faxes will receive $500 per fax. Other class members will receive $500. By September 29, 2017, the Indian River County Board of County Commissioners ("Board") has to decide whether to opt out of the settlement. No action is required in order to stay in the settlement class. If the Board decides to stay in the settlement class, the County will have until October 21, 2017 to file a claim. The Board also has the right to file an objection to the proposed settlement by September 29, 2017. If the Board decides to stay in the settlement class, the Board will relinquish its right to file a lawsuit concerning the issues and claims at stake in the litigation. FUNDING. There is no funding associated with this item if the Board decides to stay in the settlement class and file a claim. RECONUVIENDATION. The County Attorney's Office recommends that the Board vote to stay in the settlement class and file a claim. ATTACHMENT(S). Notice of Class Action Settlement with Attached CIdim Form 0=Ad1Mdm P3 02 23 -Aug -2017 08:07 08-22-2017 19423BEST Fax p.1 This is a notice of a lawsuit settlement, not a lawsuit against you. IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JWDAUTOMOTIVE, INC. d/b/a NAPA AUTO CARE OF CAPE CORAL, a Florida corporation, individually and as the representative of a class of similarly -situated persons, Plaintiff, V. DJM ADVISORY GROUP LLC, BANNER LIFE INSURANCE COMPANY, WLLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, Defendants. Cavil Action No.: 2:15-cv-00793 CLASS ACTION NOTICE OF GLASS ACTION SETTLEMENT WITH ATTACHED CLAIM FORM TO: All persons who were sent one or more facsimiles December 21, 2011 to present which provided: ALL TERM INSURANCE.COM Protect your most valuable asset - Your Income with AFFORDABLE TERM LIFE INSURANCE Are you paying too much?...Legal & General America Life Insurance products are underwritten and issued by Banner Life Insurance Company, Urbana, MD and William Penn Life Insurance Company of New York, Garden City, NY .... and contained reference to DJM Advisory Group, LLC on the fax quoting Term Life Insurance rates (the "Settlement Class'). A. WHY HAVE YOU RECEIVED THIS NOTICE? The Court ordered us to send you this Notice because your fax number is contained on a list of fax numbers to which advertisements were sent by fax and you appear to be a member of the Settlement Class defined above. B. WHAT IS THIS L6RSUIT ABOUT? Plaintiff JWD Automotive, Inc. ("JWD Automotive") filed this class action lawsuit against DJM Advisory Group LLC, Banner Life Insurance Company and William Penn Life Insurance Company of New York ("Defendants") alleging that they violated the federal Telephone Consumer Protection Act ("TCPA"). Defendants denied Plaintiffs allegations and raised defenses. The parties have agreed to settle all claims about the advertising fax Defendants sent December 21, 2011 to present. C. WHAT IS THE PROPOSED SETTLEMENT? Without admitting any fault or liability, and in exchangefor a release of all claims against it, if the Settlement is finally approved, Defendants have agreed to make up to $3,500,000.00 (the "Settlement Fund) available to pay those class members who submit a valid claim form, to pay an incentive award to Plaintiff for serving as the class representative, and to pay attorney's fees and expenses to Plaintiff's attorneys. The claim form is attached. If the Court approves the settlement, all of the Class members who submit a valid and timely Proof of Claim Form (attached) will be mailed a check for their pro rata share of the Settlement Fund less attorney's fees, expenses, and incentive payment. Class members who received more than one fax may submit copies of those faxes with the Proof of Claim Form and be paid $500 per valid fax submitted. Class members who received only one fax and class members who received multiple faxes but who do not provide copies will be paid $500 for submission of a valid and timely Proof of Claim Form. The payment may be reduced pro rata if the value of claims received exceeds the value of the Settlement Fund. The Court has preliminarily approved this settlement, subject to a fairness hearing that will occur on December4.2017, at 9:30 a.m., in Room 6A, United States District Court for the Middle District of Florida, Fort Myers Division, 2110 First Street, Fort Myers, Florida 33901. D. WHAT ARE YOUR OPTIONS? 1. Return a completed Claim Form: To receive a share of the settlement funds, you must complete, sign, and return a signed Claim Form postmarked, if sent by mail, or submitted by fax or electronically and received on or before October 21, 2017. The Claim Form is attached to this Notice. If your Claim Form is timely and valid, you will be mailed a check for your share of the proceeds. If you have retained copies of any faxes you believe to be advertisements sent by or on behalf of the Defendants, you should attach copies of all faxes you successfully received to this form. If you do not attach any faxes, your recovery under the Settlement will be limited to $500 per fax number, which may be reduced pro rata if the Settlement Fund is exhausted. 2. Do nothing: If you do nothing, you will remain in the Class. You will be bound by the judgment against Defendants and you will release your claims against Defendants about Defendants' advertising faxes, but you will receive nothing. P303 23 -Aug -Z017 08:08 08-22-201.7 194238EST Fax p.2 3. Opt out of tho settlement: You are not required to participate in the settlement. You have the right to exclude yourself from the Class and the settlement by sending a written request for exclusion. But your completed, signed statement advising of your election to opt out must be postmarked no later than. a tembe 29, 2017. If your request is not postmarked by that date, your right to opt out will be deemed waived and you will be bound by all orders and judgments entered in connection with the settlement. Your request must provide your full name, address, and telephone number(s). Further, the written request for exclusion must include a statement that you wish to be excluded from the Settlement (for example, "Exclude me from the JWD Automotive v. DJM Advisory settlement'), and either the personal signature of the member of the Settlement Class submitting the request or the signature of that member's duty -authorized attorney. Any member of the Settlement Class who elects to be excluded shall not: (i) be bound by the Final Approval Order and Judgment; (ii) be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue of this Agreement; or (iv) be entitled to object to any aspect of this Agreement. You must send your request to each of the following attorneys, and they will inform the Court of your request. Class Counsel: Insurer Defendsrts'Attorney: DJM Advisory Group'sAttom�y Ryan M. Kelly Lewis S. Wiener Nicole L. Milone Anderson + Wanca Eversheds Sutherland (US) LLP Certilman Balin Adler & Hyman LLP 3701 Algonquin Road, Ste 500 700 6th Street, N.W., Suite 700 90 Merrick Avenue, 9th Floor Rolling Meadows, IL 60008 Washington, DC 20001 East Meadow, NY 11554 4. Object to the sottlamont: If you object to the settlement, and wish to file an objection rather than simply exclude yourself, you must send a written objection to the Clerk .of the United States District Court for the Middle District of Florida, 2110 First Street, Fort Myers, Florida 33901. Your objection must be postmarked by September 29.2017, and must referto the name and number of this case. Your statement must include your full name, address, telephone number or numbers that you maintain were called or received an applicable fax; all grounds in detail for the objection, with factual and legal supportfor each stated ground; the identity of any witnesses you may call to testify; copies of any exhibits that you intend to introduce into evidence at the Final Approval Hearing; a statementof the identity (including name, address, phone number and email) of any lawyer who was consulted or assisted with respect to your objection, and a statement of whether you intend to appear at the Final Approval Hearing with or without counsel. You must also serve copies of your objection on Class Counsel, Counsel for Insurer Defendants, and Counsel for DJM Advisory Group (at the addresses above), postmarked by the same date. Additionally, if you want the Court to consider your objection, then M must also appear at the final approval hearing in Room 6A, United States District Court for the Middle District of Florida, Fort Myers Division, 2110 First Street, Fort Myers, Florida 33901 on December 4. 2017, at 9:30 a.m. You are not required to attend this hearing unless you object to the settlement. E. WHEN WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT? The Courtwill hold a final fairness hearing on December 4. 2017, at 9:30 a.m., in Room 6A, United States District Court for the Middle District of Florida, Fort Myers Division, 2110 First Street, Fort Myers, Florida 33901, and hear any timely and properly -filed objections and arguments about the settlement. You are not required to attend this hearing unless you object to the settlement. The fairness hearing may be continued to a future date without further notice. F. WHO REPRESENTS THE CLASS? JWD Automotive, Inc. is the Class Representative. Its attorneys are Class Counsel. They are: Ryan M. Kelly Anderson + Wanca 3701 Algonquin Road, Ste. 500 Rolling Meadows, IL 60008 As part of the settlement, Defendants have agreed to pay Plaintiff an incentive award of $15,000.00 for its service on behalf of the Class in this litigation. Defendants have also agreed to pay attorneys'fees to Class Counsel of 33 1!3% of the Settlement Fund ($1,166,66.66), plus reasonable out-of-pocket expenses incurred in the litigation, plus the cost of settlement administration, to be paid from the Settlement Fund. G. WHERE CAN YOU GET MORE IhIFQRMATION? If you have questions about this Notice or about the settlement, write to attorney Ryan M. Kelly at the address listed above. Include the case number, your name, your fax number, and your current street address on any correspondence. Alternatively, you can tail Mr. Kelly's office at 1- 855-827-2329. This Notice only summarizes the litigation and the settlement. The court files for this case are available for your inspection at the Clerk of the United States District Court for the Middle District of Florida, Fort Myers Division, 2110 First Street, Fort Myers, Florida 33901. DO NOT CONTACT THE JUDGE, THE JUDGE'SSTAFF, OR THE CLERK OF THE COURT BECAUSE THEY . ARE NOT PERMITTED TO ANSWER YOUR QUESTIONS ABOUT THIS SETTLEMENT. . P304 .23 -Aug -2017 08:09 08-22-201.7 19423BEST Fax p.3 PROOF OF CLAIM[ 1111111 11111 lilll 11111 11111 11111 11111 11111 lll�l 111 1111 12758275 JWD Automotive, Inc, v. DJM Advisory Group, LLC, Banner Life insurance Company and William Fenn Life Insurance Company of Now York, Case No. 2:15-cv-00793 Fax Numbor:772-770-5334 You Must Compjete This Form to Claim a Share of the Settlement Fund - 1. You Must Provide Your Contact Information. 2. 3. 4. Name: Company: Address: City/StatefZip Code: Phone: Email: Fax Number(s): [List all numbers from December 21, 2011 to present. You may attach a separate sheet.] You Must Verify Ownershlpof the Fax Number(sl Listed in #1 above: (a) 'The fax number(s) identified above or attached to this Proof of Claim was/were: 1. Capable of receiving faxes, and 2. Mine or my company's at some point from December 21, 2011 through the present," X (Sign your name here) OR (b) "The fax number(s) identified in No.1 above or attached to this Proof of Claim was not/were net: 1. Capable of receiving faxes from December2l , 2011 through the present, and/or 2. Mine or my company's at some point from December 21, 2011 through the present'. Explain when you obtained the fax numbers) identified in No. 1 above or attachedto this Proof of Claim: X (Sign your name here) You Must Return this Claim_ Form by October 2l . 2017: a. Fax this Claim Form to: 877-7047733 OR b. Mail this Claim Form to: JWD v. DJM Class-Settlement.com PO Box 9009 Hicksville, NY 11802-9009 OR C. Submit this claim form electronically at: www.clgss-settlement.com Username:12758275 Password:copflyant AttachCopiesofFacsimiles(Option lL If you have retained copies of any faxes you believe to be advertisements sent by or on behalf of the Defendants, you should attach copies of all faxes received to this form. If you do not attach any faxes, your recovery under the Settlement will be limited to $500 per fax number, which may be reduced pro rata if the Settlement Fund is exhausted. P3 05 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director Rich Szpyrka, P.E.; Public Works Director FROM: Andy Sobczak, Senior Transportation Planner DATE: August 28, 2017 SUBJECT: Resolution of Support for Application to the Florida Highway Beautification Council for a Highway Beautification Grant for South US Highway 1 in Indian River County It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 19, 2017. DESCRIPTION & CONDITIONS On February 7, 2017, the Board of County Commissioners approved a work order authorizing Kimley-Horn & Associates, Inc. to design a landscape plan and welcome sign for a section of US Highway 1 in the southern portion of the county. While design on the landscape plan and welcome sign are underway, preparations are being made for submission to the Florida Highway Beautification Council for a Highway Beautification Grant to assist in implementing the landscaping portion of the project. Each year in October, the Florida Highway Beautification Council accepts grant applications for Highway Beautification projects. The Beautification Grant is a state-wide competitive grant with 10 annual awards of $82,067.90. As part of the eligibility requirements for the Beautification Grant, a Resolution authorizing the Public Works Director to apply for and accept a Beautification Grant, as well as enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between Indian River County and the Florida Department of Transportation, must be approved by the BCC. As such, the attached Resolution of Support for the grant must be approved prior to submission of the grant application. RECOMMENDATION Staff recommends that the BCC approve the Resolution of Support for application to the Florida Highway Beautification Council for a Highway Beautification Grant. P306 ATTACHMENTS 1. Resolution of Support for application to the Florida Highway Beautification Council for a Highway Beautification Grant. P3 07 RESOLUTION 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE PUBLIC WORKS DEPARTMENT DIRECTOR TO APPLY FOR AND ACCEPT A HIGHWAY BEAUTIFICATION GRANT, AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, many roadside areas and median strips within Department of Transportation rights of way must be maintained and attractively landscaped; and WHEREAS, the Board of County Commissioners of Indian River County wishes to beautify and improve various rights of way by landscaping within Indian River County; and WHEREAS, the Board of County Commissioners of Indian River County wishes to authorize the Public Works Department Director to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between Indian River County and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Indian River County, as follows: Section 1. The Board of County Commissioners of Indian River County authorizes the Public Works Department Director to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between Indian River County and the Florida Department of Transportation. Section 2. The Deputy Clerk to the Board of County Commissioners of Indian River County is hereby directed to send copies of this signed Resolution to the Florida Department of Transportation and all other persons as directed by the Board of County Commissioners. Section 3. This Resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari Attachment 1 P308 RESOLUTION 2017 The Chairman thereupon declared the resolution duly passed and adopted this day of 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA F-OAV Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller RW APPROVED AS TO LEGAL SUFFICIENCY M. Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS ON Stan Boling, AICP, Director Community Development Department Deputy Clerk Attachment 1 P309 8- k. CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 30, 2017 SUBJECT: 2017/2018 STATE/COUNTY CONTRACT INDIAN RIVER COUNTY HEALTH DEPARTMENT FROM: Michael Smykowski Director, Management & Budget DESCRIPTIONS AND CONDITIONS The Indian River County Health Department has submitted their annual contract for approval by the Board of County Commissioners. The contract, required under Chapter 154, Florida Statutes, contains the full annual operating budget, revenues and expenditure program plan for the Health Department for 2017/2018. This contract provides for county funding of the Health Department. The direct contribution for fiscal year 2017/2018 totals $632,970, which is an increase of $30,141 or 5.0% from the current fiscal year. In addition, the County provides maintenance and operations for Health Department facilities. This is reflected as an in-kind contribution of $663,845 for a total County contribution of $1,296,815. FUNDING Funding for the Florida Department of Health contract is provided by the General Fund. The direct contribution of $632,970 is funded from account number 00110669-088190, and the in-kind contribution of $663,845 is provided in the Facilities Management budget in the General Fund. P310 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Vii;"'. r~ HEALTH Vision: To be the Healthiest State in the Nation Rick Scott Governor Celeste Philip, MD, MPH Surgeon General and Secretary FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY August 26th, 2017 Jason Brown, Administrator Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 RE: 2017-2018 State/County Contract Dear Mr. Brown, Please find attached (3) originals of the 2017-18 State and County contract for the operations of the Indian River County Health Department for your review and formal approval by the Indian River County Board of Commissioners. The contract, required under F.S. 154, contains the full annual operating budget; revenues and expenditure program plan for our health department. The total amount of the contract including all revenue sources and in-kind sources is $11,228,589. The county appropriation of $632,970 (not including $64,692 human services funding) along with estimated building operational expenses of $663,845 are specified fiscal responsibilities of the Indian River County Board of Commissioners. As point of clarification, Indian River County Hospital District's appropriation is reflected under revenue object code -008020 Grants -County Tax Direct for $2,027,787 funding primary care, dental services, and Gifford Health Center. The basic expenditure plan forecasts anticipated number of clients, services, and dedicated staff to each area served by the health department. As always, a quarterly reports will be forwarded to your attention for review and a written explanation will be provided if the variance exceeds or falls below 25% of the planned expenditure amount for the contract year. Please feel free to call me at 794-7450 if you have any questions. We will be available to the Commission when the contract is presented. Sincerely, Miranda C. Hawker County Health Department Administrator Attachments Florida Department of Health 1�?' In Indian River County 1900 27th Street, Vero Beach, FL 32960 PHONE: 772/794-7400 WEBSITE: hffp:Hindianhver.floddahealth.gov FloridaHealth.gov Accredited Health Department Public Health Accreditation Board P311 CONTRACT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE INDIAN RIVER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2017-2018 This contract is made and entered into between the State of Florida, Department of Health ("State") and the Indian River County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2017. RECITALS A. Pursuant to Chapter 154, Florida Statutes, the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Indian River County Health Department ("CHD") is one of the created County Health Departments. D. It is necessary for the parties hereto to enter into this contract in order to ensure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the foregoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this contract shall be effective from October 1, 2017, through September 30, 2018, or until a written contract replacing this contract is entered into between the parties, whichever is later, unless this contract is otherwise terminated pursuant to the termination provisions set forth in paragraph 8. below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment 11 hereof, in order tc maintain the following three levels of service pursuant to section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. P312 Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources is set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 2,988,033 (State General Revenue, State Funds, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $ 632,970 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this contract in the County Health 2 P313 Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this contract during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment li and send a copy of the revised pages to the County and the Department of Health, Office of Budget and Revenue Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Office of Budget and Revenue Management. e. The name and address of the official payee to whom payments shall be made is: County Health Department Trust Fund Indian River County Health Department Accounts Receivable, 1900 27th Street Vero Beach, FL 32960-3383 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy Secretary for County Health Systems. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall ensure that non -categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of County purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State -contract personnel subject to State personnel rules and procedures. Employees will report time in the Health Management System compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of County purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all County purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this contract. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. 3 P314 c. The CHD shall maintain books, records and documents in accordance with the Generally Accepted Accounting Principles (GAAP), as promulgated by the Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraphs 6.i. and 6.k., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: The revenue and expenditure requirements in the Florida Accounting Information Resource (FLAIR) System; ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Indian River County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the State or County, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by State and County based on the ratio of planned expenditures in this contract and funding from all sources is credited to the program accounts by State and County. The equity share of any surplus/deficit funds accruing to the State and County is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part 1 of this contract, with special capital projects explained in Attachment V. 4 P315 f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for County Health Systems has approved the transfer. The Deputy Secretary for County Health Systems shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this contract. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by County government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using County procedures pursuant to paragraph 6.b. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to P316 take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this contract. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the County that shall include at least the following: L The DE3851-1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the County of service variances reflected in the year end DE3851-1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount for the contract year. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Office of Budget and Revenue Management. p. The dates for the submission of quarterly reports to the County shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CND's control: March 1, 2018 for the report period October 1, 2017 through December 31, 2017; ii. June 1, 2018 for the report period October 1, 2017 through March 31, 2018; iii. September 1, 2018 for the report period October 1, 2017 through June 30, 2018; and iv. December 1, 2018 for the report period October 1, 2017 through September 30, 2018. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the County shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The County shall ensure adequate fire and casualty insurance coverage for County - owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. P317 c. All vehicles will be transferred to the ownership of the County and registered as County vehicles. The County shall ensure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This contract may be terminated by either party without cause upon no less than one -hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this contract become unavailable, either party may terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This contract may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this contract, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2018, it is agreed that the performance and payment under this contract are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this contract are as follows: For the State: Mayur Rao Name Business Manager 1900 27th Street Vero Beach, FI., 32960-3383 Address For the County: Michael R Symkowski Name Budget Director 1801 27th Street Vero Beach, FI., 32960-3383 Address P318 772-794-7464 Telephone 772-567-8000 Ext. 1214 Telephone If different contract managers are designated after execution of this contract, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this contract. c. Captions. The captions and headings contained in this contract are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. In WITNESS THEREOF, the parties hereto have caused this eight page contract, with its attachments as referenced, including Attachment I (two pages), Attachment II (six pages), Attachment III (one page), Attachment IV (one page), and Attachment V (one page), to be executed by their undersigned officials as duly authorized effective the 1St day of October, 2017. BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY SIGNED BY: NAME: TITLE: DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: DATE: STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: NAME: Celeste Philip, MD, MPH TITLE: Surgeon General and Secretary DATE: SIGNED BY: "> h{ NAME: Miranda C. Hawker, MPH TITLE: CHD Director/Administrator DATE: 2-Y I f $ P319 ATTACHMENT INDIAN RIVER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service 1. Sexually Transmitted Disease Program 2. Dental Health 3. Special Supplemental Nutrition Program for Women, Infants and Children (including the WIC Breastfeeding Peer Counseling Program) Requirement Requirements as specified in F.A.C. 64D-3, F.S. 381 and F.S. 384. Periodic financial and programmatic reports as specified by the program office. Service documentation and monthly financial reports as specified in DHM 150-24" and all federal, state and county requirements detailed in program manuals and published procedures. 4. Healthy Start/ Improved Pregnancy Requirements as specified in the 2007 Healthy Start Standards and Outcome Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. 5. Family Planning Requirements as specified in Public Law 91-572, 42 U.S.C. 300, et seq., 42 CFR part 59, subpart A, 45 CFR parts 74 & 92, 2 CFR 215 (OMB Circular A-110) OMB Circular A-102, F.S. 381.0051, F.A.C. 64F-7, F.A.C. 64F-16, and F.A.C. 6417-19. Requirements and Guidance as specified in the Program Requirements for Title X Funded Family Planning Projects (Title X Requirements)(2014) and the Providing Quality Family Planning Services (QFP): Recommendations of CDC and the U.S. Office of Population Affairs published on the Office of Population Affairs website. Programmatic annual reports as specked by the program office as specified in the annual programmatic Scope of Work for Family Planning and Maternal Child Health Services, including the Family Planning Annual Report (FPAR), and other minimum guidelines as specified by the Policy Web Technical Assistance Guidelines. . Immunization Periodic reports as specified by the department pertaining to immunization levels in kindergarten and/or seventh grade pursuant to instructions contained in the Immunization Guidelines -Florida Schools, Childcare Facilities and Family Daycare Homes (DH Form 150-615) and Rule 64D-3.046, F.A.C. In addition, periodic reports as specified by the department pertaining to the surveillance/investigation of reportable vaccine -preventable diseases, adverse events, vaccine accountability, and assessment of immunization ATTACHMENT I (Continued) Attachment—I -Page 1 F3 20 levels as documented in Florida SHOTS and supported by CHD Guidebook policies and technical assistance guidance. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4* and DHP 50-21* HIV/AIDS Program Requirements as specified in F.S. 384.25 and F.A.C. 64D-3.030 and 64D-3.031. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form DH2139 and Pediatric HIV/AIDS Confidential Case Report CDC Form DH2140. Requirements as specified in F.A.C. 64D-2 and 6413-3, F.S. 381 and F.S. 384. Socio -demographic and risk data on persons tested for HIV in CHD clinics should be reported on Lab Request DH Form 1628 in accordance with the Forms Instruction Guide. Requirements for the HIV/AIDS Patient Care programs are found in the Patient Care Contract Administrative Guidelines. 9. School Health Services Requirements as specified in the Florida School Health Administrative Guidelines (May 2012). Requirements as specified In F.S. 381.0056, F.S. 381.0057, F.S. 402.3026 and F.A.C. 64F-6. 10. Tuberculosis Tuberculosis Program Requirements as specified in F.A.C. 64D-3 and F.S. 392, 11. General Communicable Disease Carry out surveillance for reportable communicable and other acute Control diseases, detect outbreaks, respond to individual cases of reportable diseases, investigate outbreaks, and carry out communication and quality assurance functions, as specified in F.A.C. 64D-3, F.S. 381, F.S. 384 and the CHD Epidemiology Guide to Surveillance and Investigations. 12. Refugee Health Program Programmatic and financial requirements as specified by the program office. *or the subsequent replacement if adopted during the contract period. Attachment 1- Page 23 21 w N N ATTACHMENT 11 INDIAN RIVER COUNTY HEALTH DEPARTMENT PART I. PLANNED USE OF COUNTY HEALTH DEPARTMENT TRUST FUND BALANCES Estimated State Estimated County Share of CHD Trust Share of CHD Trust Fund Balance Fund Balance Total 1. CHD Trust Fund Ending Balance 09/30/17 -145677 558945 413268 2. Drawdown for Contract Year October 1, 2017 to September 30, 2018 0 -57548 -57548 3. Special Capital Project use for Contract Year October 1, 2017 to September 30, 2018 0 0 0 4. Balance Reserved for Contingency Fund October 1, 2017 to September 30, 2018 -145677 501397 355720 Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects, and mobile health vans. Attachment II_Part I - Page 1 of 1 I. GENERAL' REVENUE• STATE 015040 AIDS PATIENT CARE 015040 CHD • TB COMMUNITY PROGRAM 015040 DENTAL SPECIALINITIATIVE PROJECTS 015040 FAMILY PLANNING GENERAL REVENUE 016040 PRIMARY CARE PROGRAM 016040 SCHOOL HEALTH SERVICES • GENERAL REVENUE 016050 CHD GENERAL REVENUE NON•CATE,GORICAL GENERAL REVENUE TOTAL 2. NON GENERAL REVENUE • STATE 015010 STATE UNDERGROUND PETROLEUM RESPONSE ACT 016010 ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM 016010 " HURRICAN MATTHEW EXECUTIVE ORDER 16-230 NON GENERAL REVENUE TOTAL 3. FEDERAL FUNDS STATE 007000 AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ 007000 WIC BREASTFEEDING PEER COUNSELING PROD 007000 COASTAL BEACH WATER QUALITY MONITORING 007000. COMPREHENSIVE COMMUNITY CARDIO PHBG" 007060 FAMILY PLANNING TITLE X • GRANT 007000_ IMMUNIZATION ACTION PLAN 007000 MCH SPEC PRJ SOCIAL DETERMINANTS HLTH COMM EDU 007000 BASE COMMUNITY PREPAREDNESS CAPABILITY 067000 BASE PUB HLTH SURVEILLANCE & EPI INVESTIGATION 007000 AIDS PREVENTION 007000 RYAN WHITE TITLE II GRANT/CHD CONSORTIUM 007000 WIC PROGRAM ADMINISTRATION 015075 INSPECTIONS OF SUMMER FEEDING PROGRAM' DOE 015075 SUPPLEMENTAL SCHOOL HEALTH FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES • STATE 001020 CHD STATEWIDE ENVIRONMENTAL FEES 001092 CHD STATEWIDE ENVIRONMENTAL FEES 001206 ON SITE SEWAGE DISPOSAL PERMIT FEES 001206 SANITATION CERTIFICATES (FOOD INSPECTION) 001206 SEPTIC TANK RESEARCH SURCHARGE 001206 SEPTIC TANK VARIANCE FEES 50% 001206 PUBLIC SWIMMING POOL PERMIT FEES -10% HQ TRANSFER 001206 DRINKING WATER PROGRAM OPERATIONS 001206 REGULATION OF BODY PIERCING SALONS 001206 TANNING FACILITIES 061206 ONSITE SEWAGE TRAINING CENTER. 100,000 0 100,000" 0 100,000' 28,6.07. 0 28,507_ 0 28,507 6,200 0 6,200 " 0 6,200 40,845 0 40,846 0 40,846 183,226 0 183,226 " 0 183,226 136,867 0 136,867 0 136,867, 1,286,329 0 1,286,329 0 1,286,329 1,781,974 0 1,781,974 0 1,781,974 3,100 0 3,100 0 . 3,100, 9,1;36_ 0 9,136 _ 0 9;136 90,076 0 90,076 0. 90,076 102,312.: 0 102,312 0 102,312" 40,719 0 40,719 0 40,719 45,250 0 45,250 0 46,260 13,513 0 13,613 0 18;613 35,000 0 36,000 0 35,000 71,902 0 71,962 0. 71,902 34,951:. .0 34,961 0 34,961 27,371 0 27,371 0 27,371 92,891. 0 92,891: 0 92,891 78,862 0 78,862 0 78,852 62,160 0 62,160 0 62,160. 90,0,00 0 90,000 0 90,000 464,256 0 454,266 0. 464,266 6,706 0 5,706. 0 5,706 150,068 0 160,068 . , 0 160,068 1,202,629 0 " 1,202,629 0 1,202,629 128,108, . 0 128,108 0 128,108" 279,179 0 279,179 0 279,179 18,246 0 18,245 0 18,245" 2,405. 0 2,405 0 2,405 4,745 0 4,745 0 4,745 201 0 201 0 201 1,292 0 1,292- 0 1,292 626 0 626 0 526_ 138 0 138 0 138 217 0 217 0 217 95 0 95 095 Attachment_II_Part_11- 10'2 Aal �dl 3 001206 TATTO PROGRAM ENN71RONMENTAL HEALTH 001206 MOBILE HOME & RV PARK FEES FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 5. OTHER CASH CONTRIBUTIONS • STATE: 090001 DRA1'tr DOWN FROM PUBLIC HEALTH UNIT OTHER CASH CONTRIBUTION TOTAL 6. MEDICAID • STATE/COUNTY: 001057 CHD CLINIC FEES 001148 CHD CLINIC FEES MEDICAID TOTAL 7. ALLOCABLE REVENUE • STATE: 001004 CHD STATEWIDE ENVIRONMENTAL FEES 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES ALLOCABLE REVENUE TOTAL 8, OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND • STATE. ADAP PHARMACY DRUG PROGRAM WIC PROGRAM BUREAU OF PUBLIC HEALTH LABORATORIES IMMUNIZATIONS OTHER STATE CONTRIBUTIONS TOTAL 9. DIRECT LOCAL CONTRIBUTIONS • BCC/PAX DISTRICT 008005 HUMAN AND CHILDRENS SERVICES PROGRAM 008006 CHD FEDERAL & LOCAL INDIRECT EARNINGS 008020 CHD LOCAL REVENUE & EXPENDITUR.ES 008040 CHD LOCAL REVENUE & EXPENDITURES DIRECT COUNTY CONTRIBUTIONS TOTAL 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION = COUNTY 001026 CHD CLINIC FEES 001077 CHD CLINIC FEES 001094 CHD LOCAL ENVIRONMENTAL FEES 001110 VITAL STATISTICS CERTIFIED RECORDS FEES AUTHORIZED BY COUNTY TOTAL r 11. OTHER CASH AND LOCAL CONTRIBUTIONS • COUNTY 001029 CHD CLINIC FEES 001090 CHD CLINIC FEES 006000 CHD LOCAL REVENUE & EXPENDITURES 010400' CHD SALE OF SERVICES IN OR OUTSIDE OF STATE GOVT r 660 0 660 0 660 1,698 0 1,698 0 1,698 437,509 0 437,609 0 437,609 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 133,403 133,403 0 133,403 0 1,056,737. 1,066,737 0 1,066,737 0 1,190,140 1,190,140 0 1,190,140 2,336 0 2,336 0 2,336 15,000 0 16,000 0 15,000 17,336 0 17,336 0 17,336 0 0 0 148,203 148,203 0 0 0 13,486 13,486 0 0 0 r 1,770,066 1,770,056 0 0 0 21,548 21,548 0 0 0 309,449 309,449 0 0 0 2,262,741 2,262,741 0 64,692 64,692 0 4692 0 10,826 10,826 0 10,826 0. 2,027,787 2,027,787 0 2,027,787 0 632,970 632,970 0 632,970 0 2,736,275 2,736,276 0 2,736,276 0 8,881 8,881 0 _8,881 0 248,848 248,848 0 248,848 0 90,286 90,286 0 90,286 0 223,173 223,173 0 223,173 0 671,188 671,188 0 671,188 0 92,625 92,625 0 92,626 0 37,333 37,333 0 37,333 0 6,920 6,920 0 6,920 0 1,675 1,676 0 1,675 p Attachment -11 -Part -11 - A Y3 011000 CHD CLINIC FEES , 011000 REVENUE CONTRACT/MOA NA/NO REPORTING REQUIREMENT 011001 CHD HEALTHY START COALITION CONTRACT 090602 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH AND, LOCAL CONTRIBUTIONS. TOTAL 12. ALLOCABLE REVENUE COUNTY 001004 CHD STATEWIDE ENVIRONMENTAL FEES - 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES COUNTY ALLOCABLE REVENUE TOTAL 18. BUILDINGS • COUNTY ANNUAL RENTAL EQUIVALENT VALUE OTHER. (Specify), UTILITIES BUILDING MAINTENANCE GROUNDS MAINTENANCE INSURANCE OTHER (Specify) OTHER (Specify) BUILDINGS TOTAL 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND • COUNTY' EQUIPMENT / VEHICLE PURCHASES VEHICLE INSURANCE VEHICLE MAINTENANCE OTHER COUNTY CONTRIBUTION (SPECHTY) OTHER COUNTY CONTRIBUTION (SPECIFIC OTHER COUNTY CONTRIBUTIONS TOTAL GRAND TOTAL CHD PROGRAM 0 34,185 0 12,777 0 2,243 0 57,548 0 246,306 0 2,334 0 16,000 0 17,334 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0- 34,185 12,177 2,243 57,648 246,306 2,334 16,000 17,334 0. 0. 0 0 0 0- 0 0 0 0 34,185 0 12,777 0 2,243 0 67,648 0 246,306' 0 2,334 0 15,000 0 17,334 434,417 0 163,560 76,868 0' .. 0 0 0 663,846 434,417 0 163,660 75,868 0 0 0 0 663,846 0 0 0 0 0 0 0 0 0 0' 0 0 0 0''. 0 0 0 0 0 0 r 0 0 0 .0 0. 0' 0 0 0 0 3,641,760 4,760,243 8,302,603 2,926,686 11,228,689 , I Attachment_II_Part_ll - Fageol 3 A COMMUNICABLE DISEASE CONTROL: IMMUNIZATION (101) SEXUALLYTRANS. DIS. (102) HIV/AIDS PREVENTION (03A1) HIV/AIDS SURVEILLANCE (03A2) HIV/AIDS PATIENT CARE (03A3) ADAP (03A4) TUBERCULOSIS (104) COMM. DIS. SURV. (106) HEPATITIS (109) PREPAREDNESS AND RESPONSE (116) REFUGEE HEALTH (118) VITALRECORDS (180) COMMUNICABLE DISEASE SUBTOTAL B. PRIMARY CARE: CHRONIC DISEASE PREVENTION PRO (210) WIC (21W1) TOBACCO USE INTERVENTION (212) WIC BREASTFEEDING PEER COUNSELING (21W2) FAMILY PLANNING (223) IMPROVED PREGNANCY OUTCOME (225) HEALTHY START PRENATAL (227) COMPREHENSIVE CHILD HEALTH(229) HEALTHY START CHILD (231) SCHOOL HEALTH (234) COMPREHENSIVE ADULT HEALTH (237) COMMUNITY HEALTH DEVELOPMENT (238) DENTAL HEALTH' (240) PRIMARY CARE SUBTOTAL C. ENVIRONMENTAL HEALTH:' Water and Onsite Sewage Programe COSTAL BEACH MONITORING (347) LInI1TED USE PUBLIC WATER SYSTEMS (357) PUBLIC WATER SYSTEM (368) PRIVATE WATER SYSTEM (359) ONSITE SEWAGE TREATMENT & DISPOSAL (361) Group Total Facility Programa TATTOO FACILITY SERVICES (344) FOOD HYGIENE (348) 3.86 2,788 3,876 80,999 94,476 80,999 .94,477 220,005 130,946 360,961 4.33 1,020 1,395 65,434 76,321- 66,434 16,320 80,660 .202,949 283,609 1.56 0 7,039 23,183 27,041 .23,183 27,041 100,408 40 . 100,448 0.00. 0 0. 6 7 6 8 27 0 27 1,70 305 646 44,499 51,903 44,499 61,904 147,361 46,444 192,805 0.73. 29 31 12,387 14,448 12,387 14,449 45,073 8,698 63;671 1.21 282 419 17,889 .. 20,865 - 17,889 20,866 71,908 5,601 _ 77,609 2.82 0 782 48,072 66,071_ 48,072 56,071 208,286 0 208,286 0.00 0 0 0 0 0 0 0 0 0 1.44 0 7 30;349. 36,398 30,349 36,397 131,493 0 131,493 0.00 0 0 0 0 0 0 0 0 0 1.14 6,617 20,081 15,609 18,207 16,609 18,207 0 67,632 67,632 18.79 11,041 34,276 338,427 394,737 338,427 394,740 1,006,121 .461,210 1,466,331 0.68 .. 2,418- 676:: 12,879 15,022 12,879 15,023 49,640 6,163 66,803 8.90 6,461 30,669 124,787 145,549 124,787 145,648 640,671 0 640,671 0.00. 0 0 0 0 0 0 0 0 0 0.74 0 1,660 12,373 14,431 12,373 14,431 63,608 0 53,608 1.88 1,304 2,123 117,610 137,062 117,510 137,062 246,417 262,727 509,144 0.00 0 0 0 0 0 0 0' 0 0 0.06 63 126 683 797 683 797 0. 2,960 - 2,960 16.02 2,413 6,100 '' 239,770 279,663 239,770, 270,663. 0 1,038,866 1,038,866 0.00 0 0 0 0 0 0 0 0' 0 5.67 0 26,064 81,028 - 94,609 81,028 94,608 361,073 0 351,073 29.43 3,631 10,300 522,102 608,968 622,102 608,968' 316,417 1,946,723 2,262,140 2.38 0 4,064 39,717 46,326 39,717 46,324 172,083 0 172,083,;' 11.91 3,630 6,609 208,873 243,626 208,873 243,624 160,491 764,504 904,995 82.67 19,900 88,029 1,359,722 1,585,951 1,369,722 1,686,948 1,880,400 4,010,943 5,891,343 0.19 147 147 5,310 6,194 6,310- 6,194 22,922 86 23,008 0.28 44 506 5,058 6,900 6,058 6,900 19,290 2,626 21,916 0.09 1 239 1,648 1,805 1,548 - 1,804 17 6,688 6,705 1.24 .7 1,444 20,261 23,621 20,251 23,621 238, 87,606 87,744 6.26 1,361 5,178 92,786 108,223 92,786 108,223 394,760 7,268 402,018 8.06 1,660 7,514 124,953 145,743 124,953 146,742 437,227 104,164 541,391 0.09 0 34 1,326 1,647 1,326 1,646 6,713 32 6,745 0.69 126 609 9,476 11,051 9,476 11,050 40,737 314 41,061 Attachment -11 -Part r g f of t BODY PIERCING FACILITIES SERVICES (349) 0.02 4 . 9 406 473 406 473 1,747. 11 1,758 GROUP CARE FACILITY (351) 0.33 69 134 6,213 6,080 5,213 6,081 3,169 ' 19,428 22,687 MIGRANT LABOR CAMP(362) 0.05 3 20 966 I'm 966 1,126 4,161 23 4,184' HOUSING & PUB. BLDG. (363) 0.11 0 32 1,940 2,263 1,940 2,263 21 8,386 8,406 - MOBILE HOME AND PARK (364) -- 0.18 66 144 2,716 3,168 2,716 3,167 c 11,703 64 11;767 POOISBATHINGPLACES (360) 1.03 364 1,107 16,471 19,211 16,471. 19,212 10,396 969 71,366 BIOMEDICAL WASTE SERVICES (364) 0.50 286 318 7,573 8,833 7,673 8,832 32,483 328 32,811 TANNING FACILITY SERVICES (369) 0.01 4 8 268 302 258 302 1,116. 6 1,120 Group Total 2.91 921 2,315 46,344 64,054 46,344 54,052 171,235 29,659 200,794 Groundwater Contamination STORAGE TANK COMPLIANCE SERVICES (966) 0,00 0 0 0 0 0 0 0 0 0 SUPER ACT SERVICES (366) 0.11 63 91 11869 2,180 1,869 '2,179 8,048 49 8,097" Group Total 0.11 63 91 1,869 2,180 1,869 2,179 8,048 49 8,097 Community Hygiene COMMUNITY ENVIR.HEALTH (346) 0.10 0 186 1,312 1,530 1,312 1,631 1,452 4,233 6,686 INJURY PREVENTION (346) 0.00 0 0 0 0 0 .0 0 0 0 LEAD MONITORING SERVICES (360)' 0.00 0 -0 0 0 0 0. 0 0 0 PUBLIC SEWAGE (362) 0.26 1,281. 169 3,900 4,548 3;900 4,648 43 16,853 16,896 SOLID WASTE DISPOSAL SERVICE (363) 0.01 0 4 142 166 142 167 8 609 617 SANITARY NUISANCE (365) 0.12 24 12 2,449 2,866 2,449 2,867 24 10,687 10,611 RABIES SURVEILLANCE (366) 0.18 41 104 3,121 3,641 3,121 3,641 34 13,490 13,624 ARBORVIRUS SURVEIL. (367) 0.00 0 0 97 114 97 114.. 354 68 422 RODENT/ARTHROPOD, CONTROL (368) 0.00 0 0 21 25 21 25 .0 92 92 WATER POLLUTION (370) 0.18 0 143 4,499 5,248 4,499 6,248 36 19,458 19,494 INDOOR AIR (371) 0.16 0 37 2,809 3,276 2,809 3,276 28 12,141 12,169 RADIOLOGICAL HEALTH (372) 0.00 0 0 9 11 9 11 0 40 40 TOXIC SUBSTANCES (373) 0.16 6 21 2,789 ' 3,263 2,789 3,262 28 12,056 12,083 Group Total 1.15 1,362 676 .21,148 24,668 21,148' 24,669 2,007 89,626 91,633 ENVIRONMENTAL HEALTH SUBTOTAL 12.23 3,886 10,695 194,314 226,646 194,314 226,642 618,517 223,398 841,915 D. NONOPERATIONAL COSTS: NONOPERATIONAL COSTS (599) , 1.00 0 0 14,931 17,415 14,931 17,416 0 64,692 64,692 ENVIRONMENTAL HEALTH SURCHARGE (39 9) 0.00 0 0 6,975 8,136 6,975 8,136 30,222 0 30,222 MEDICAID BUYBACK (611) 0.00 0 0 1,731 2,019 1,731 2,019 7,600 0 7,600 NONOPERATIONAL COSTS SUBTOTAL 1.00 0 0 23,637 27,670 23,637 27,670 37,722 64,692 162,414 " TOTAL CONTRACT 114.69 34,827 132,900 1,916,100 2,234,903 1,916,100 2,234,900 3,641,760 4,760,243 8,302,003 Attachment II_Part Va;a L of 2 ATTACHMENT III INDIAN RIVER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, Its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. P2g Attachment—III - Page 1 o I Attachment IV Fiscal Year - 2017 - 2018 Indian River County Health Department Facilities Utilized by the County Health Department Complete Location (Street Address, city. Zip) Facility Description And Offical Building Name (if applicable) (Admin, Clinic, Envn Hlth, etc.) Lease/ Agreement Number Type of Agreement (Private Lease thru State or County, other - please define) Complete Legal Name of Owner SQ Feet Employee Count (FTE/OPS/ Contract) 1900 27th Street, Vero Beach, Florida, 32960-3383 Administration, HR, Clinic, Vital Statistics, Envn Health, WIC NIA County Owned Board of County Commissioners for Indian River County 36,475 100.99 4675 28th Court, Vero Beach, Florida, 32967-1330 Clinic NIA Indian River County Hospital District Indian River County Hospital District 10,642 13.6 Facility - a fixed site managed by DON/CHD personnel for the purpose of providing or supporting public health services. Includes county -owned, state-owned, and leased facilites. Includes DOH/CHD warehouse and administrative sites. Includes facilities managed by DOH/CHD that may be shared with other organizations. N �O Does not include schools, jails or other facilities where DOH/CHD staff are out -posted or sites where services are provided on an episodic basis. Attachment_W - Page I of I CONTRACT YEAR 2016-2017* 2017-2018** 2018-2019*** 2019-2020*** PROJECT TOTAL PROJECT NUMBER: PROJECT NAME: LOCATION/ADDRESS: PROJECT TYPE: SQUARE FOOTAGE: PROJECT SUMMARY: ATTACHMENT V INDIAN RIVER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN NIA CASH RESERVED OR ANTICIPATED TO BE RESERVED FOR PROJECTS STATE COUNTY $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 SPECIAL PROJECTS CONSTRUCTIONIRENOVATION PLAN NEW BUILDING ROOFING RENOVATION PLANNING STUDY NEW ADDITION OTHER 0 Describe scope of work In reasonable detail. START DATE (Initial expenditure of funds) COMPLETION DATE: DESIGN FEES: CONSTRUCTION COSTS: FURNITURE/EQUIPMENT: TOTAL PROJECT COST: COST PER SQ FOOT: $ 0 $ 0 $ 0 $ 0 $ 0 TOTAL $ 0 $ 0 $ 0 $ 0 $ 0 Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. * Cash balance as of 9/30/17 ** Cash to be transferred to FCO account. *** Cash anticipated for future contract years. 1 30 Attachment—V - Paget f 8 • ea INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown County Adm inistrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: James D. Gray, Jr. Coastal Engineer SUBJECT: Release of Retainage - Work Order No. 3 Morgan & Eklund, Inc. 2017 Beach Profile Monitoring Surveys (SUMMER) DATE: August 30, 2017 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board approved a contract with Morgan and Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year term. The Board amended the Contract on October 18, 2016. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. On June 13, 2017, the Board approved Work Order No. 3 to this contract for services related to semiannual hydrographic surveying (beach profile) for the countywide shoreline monitoring program. Specifically, Work Order No. 3 was for summer 2017 beach profile surveys in the amount of $55,000 and included 3 separate tasks and 3 separate project accounts. To date all tasks are 100% complete. The total amount of retainage withheld under Work Order No. 3, over 3 separate accounts, is $5,500. Task 1: Summer 2017 Sector 3 Beach and Dune Restoration Project Post Construction Monitorinq Survey (R -20-R-60) Task 1 totaled $22,550. The total amount of retainage withheld is $2,255. Task 2: Summer 2017 Sector 7 Post Construction Monitoring (R -97-R-108) Task 2 totaled $6,600. The total amount of retainage withheld is $660. Task 3: Summer 2017 Countywide Beach Monitoring (R-61 — R-96 and R -109-R-119) Task 3 totaled $25,850. The total amount of retainage withheld is $2,585 C:\Users\legistar\AppData\Local\Temp\BCL TechnologieAcasyPDF 8\@BCL@1426BEB9\@BCL@1426BEB9.docx P3 31 Page 2 BCC Agenda Item September 12, 2017 FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage will be provided from three (3), separate retainage accounts. Task 1: Summer 2016 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey (R -20-R-60) The total amount of retainage withheld is $2,255, Account No. 128-206002-05054. Task 2: Summer 2016 Sector 7 Post Construction Monitoring (R -97-R-108) The total amount of retainage withheld is $660, Account No. 128-206002-05079. Task 3: Summer 2016 Countywide Beach Monitoring (R-61 — R-96 and R -109-R-119) The total amount of retainage withheld is $2,585, Account No. 128-206002-01024. RECOMMENDATION Staff recommends the Board approve the release of all withheld retainage under Work Order No. 3 in the amount of $5,500. ATTACHMENT Morgan and Eklund, Inc. Invoice No. 1-17-1878, dated August 8, 2017. APPROVED AGENDA ITEM FOR: SEPTEMBER 12, 2017 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 1426BEB9\@BCL@ 1426BEB9.docx P332 IZET *�) P� , W69; Morgan & Eklund, Inc. 6745 U.S. Highway I Phone: 772-388-5364 P.O. Box 701420 Fax: 772-366-3165 Webasso, Florida 32970 August 8, 2017 Indian River County Attn: Mr. James Gray, Jr. 1801 27 1h Street, Building A Vero Beach, FL 32960 FINAL INVOICE Invoice #: 1-17-18173 Commission #: 53,15.34 Work Order No. 3 Contract No. 1605 RE: Invoice for Summer 2017 Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-20 to R-119 (100 Lines) Retainage Due Inv #1-17-1864 $22,550 less 10% Retainage .......................................$ 2,255.00 Retainage Due Inv #1-17-1877 $32,450 less 10% Retainage .......................................$ 3,245.00 TotalInvoice Amount Due ......................................................... ....... $ (F I ?t? S5 9ff f I I kWAF Afxc" &I $ 66 0 KET"W 4=Alt &0. INDIAN R—IVER COUNTY PUBLIC WORKS APPROVED DATE DIRECTOR DIV. HEAD .SDG I? O. # ACCT. # f 5,500.00 12 9 - Z066V'Z - 0504 12,F - 2,9600? - QS0-79 F Sys- ff-Mmitf Avow W. 1Z9-2VbV0?- oio24 Terms, Net Ju Days ** Please 1-emitpqp7ient to our Wabasso PO Box. T17ankyou. P333 ; Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: September 1, 2017 Subject: Miscellaneous Budget Amendment 023 Description and Conditions 1. On August 15, 2017 the Board of County Commissioners approved additional Esri ArcGIS Server Core software licenses totaling $60,000. Exhibit "A" appropriates the funding from Transportation Fund, Building Department and Utilities Cash Forward -Oct 1 It and Reserve for Contingency from General Fund, MSTU Fund and Emergency Services Fund. 2. On August 15, 2017 the Board of County Commissioners approved the Sheriff's Office request to purchase $25,036 worth of equipment from the Florida Contraband Forfeiture Act program generated income (PGI) fund. Exhibit "A" appropriates the funding. 3. The Indian River Coastal Division has received donations totaling $915.00. Exhibit "A" appropriates the funding into Other Operating Supplies. 4. A prior year missed payment to the Medical Examiner was made in the current year. Exhibit "A" appropriates the payment of $27,017 from General Fund/Cash Forward -Oct 1 It. 5. On July 11, 2017 the Board of County Commissioners approved payment of expert witness fees for Laurel Homes 66th Avenue parcel in the amount of $121,965. Exhibit "A" appropriates the funding from Optional Sales Tax/Cash Forward -Oct 1St 6. On July 18, 2017 the Board of County Commissioners approved the demolition and removal of unsafe structures. Exhibit "A" appropriates funding of $20,000 from the MSTU Fund/Reserve for Contingency. 7. The mailroom is requesting an additional $20,000 in their telephone account. This is primarily due to long distance overages. Exhibit "A" appropriates the funding from General Fund/Cash Forward -Oct 1 It. 8. On May 9, 2017, the Board of County Commissioners approved award of contract for Lateral D Canal Restoration. Exhibit "A" appropriates the funding of $165,701 from Transportation Fund/Cash Forward -Oct 1St P3 34 RESOLUTION NO. 2017- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2016-2017 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2016-2017 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2016-2017 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2016-2017 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Bob Solari Commissioner, Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2017. Attest: Jeffrey R. Smith Clerk of Court and Comptroller INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By Deputy Clerk Joseph E. Flescher, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEV335 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 023 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Transportation Fund/Cash Forward -Oct 1st 111039-389040 $7,660 $0 Building Dept./Cash Forward -Oct 1st 441039-389040 $3,191 $0 Utilities Dept./Cash Forward- Oct 1st 471039-389040 $24,575 $0 Expense General Fund/GIS/GIS Inter -dept. Charges 00110319-036991 $11,458 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $11,458 MSTU/Planning/GIS Inter -dept. Charges 00420515-036991 $7,660 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $7,660 Transportation Fund/Public Works/GIS Inter -dept. Charges 11124319-036991 $7,660 $0 Emergency Services District/Fire Rescue/Reserve for Contingency 11412022-099910 $0 $5,426 Emergency Services District/Fire Rescue/GIS Inter -dept. Charges 11412022-036991 $5,426 $0 Building Department/GIS Inter -dept. Charges 44123324-036991 $3,191 $0 Utilities Dept./General & Engineering/GIS Inter -dept. Charges 47123536-036991 $24,575 $0 2. Revenue MJLETF/Cash Forward -Oct 1st 126039-389040 $25,036 $0 Expense MJLETF/Sheriff/Law Enforcement 12660021-099040 $25,036 $0 3. Revenue Beach Restoration/Other Contributions -Donations 128038-366090 $915 $0 Expense Beach Restoration/Other Operating Supplies 12814472-035290-16035 $915 $0 4. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $27,017 $0 Expense General Fund/Medical Examiner 00190727-033120 $27,017 $0 P3 36 1 of 2 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 023 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 5. Revenue Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $121,965 $0 Expense Optional Sales Tax/ROW/66th Ave/12th St to SR 60 31521441-066120-06021 $121,965 $0 6. Expense MSTU/Road & Bridge/Other Contractual Services 00421441-033490 $20,000 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $20,000 7. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $20,000 $0 Expense General Fund/Mailroomfrelephone 00125119-034110 $20,000 $0 8. Revenue Transportation Fund/Cash Forward -Oct 1 st 111039-389040 $165,701 $0 Expense Transportation Fund/Stormwater/Other Contractual Services/Hurricane Mathew 11128138-033490-17001 $165,701 $0 P3 37 2 of 2 -,. r U r CONSENT AGENDA Indian River County Board of County Commissioners General Services Department 1800 2rh Street, Vero Beach, Florida 32960 Telephone: 772-226-1223 Fax: 772-589-6119 MEMORANDUM Date: September 5, 2017 To: The Honorable Board of County Commissioners Thru: Michael C. Zito, Assistant County Administrator/ General Services Director From: Anne Shepherd, Director, Library Services Subject: Library System's Request for Consideration to Update Long Range Plan Dates DESCRIPTION The State of Florida, Division of Library and Information Services requires libraries to maintain a current Long Range Plan. Indian River County's Library Systems Long Range Plan needs to be adjusted from 2014-2017 to 2014-2018. JUSTIFICATION Granting approval to revise the current Long Range Plan will allow the new Director the opportunity to create a new vision for our Libraries in 2018. FUNDING SOURCE No Funding required for this action RECOMMENDATIONS: Staff Recommends Board extend current plan through 2018 and authorize Director of Library Services to present a revised plan to the Board of County Commission for approval on or before October 1, 2018. ATTACHMENTS: Indian River County Library System Long Range Plan 2014 - 2017 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@380E1F76\@BCL@380E1F76.doc P338 INDIAN RIVER COUNTY LIBRARY SYSTEM LONG RANGE PLAN 2014 - 2017 TABLE OF CONTENTS Board of County Commissioners & Management 2 Mission Statement 2 Library System General Principles 3 General Information 4 History 5 Government 7 Library Descriptions 8 Community Profile 11 Regional Profile 12 Library Roles 14 Goals, Objectives, & Activities 17 Technology & Facilities 25 P3 39 Board of County Commissioners of Indian River County Wesley S. Davis Joseph Flescher Peter O'Brien Robert Solari Timothy Zorc County Administrator Joseph A. Baird Assistant County Administrator/General Services Director Michael C. Zito Library Services Director Mary D. Snyder Friends Presidents Jane Dawe, Main Library, Gifford, Law, & Brackett Library Lynn Walsh, North Library Mission Statement The mission of the Indian River County Library System is to provide the means by which people of all ages, interests, and circumstances may avail themselves of the recorded wisdom, experiences, and ideas of others. In support of this mission, library materials are assembled, organized, and made accessible to all. Opportunities for personal, educational, cultural, and recreational enrichment are offered. Collections of library materials, services, and programs are planned and developed to respond to individual and community needs. A trained and skilled staff and the latest technologies are employed to facilitate and enhance the use of resources of the library a P3 40 system. By committing themselves to excellence in all facets of the library system's services and operations, the library administration and staff reaffirm the democratic ideals upon which the American public library was founded. General Principles of the Library System Purpose: Public libraries, through their services and facilities, contribute to the quality of life in the communities they serve. A public library system committed to excellence will assist in enhancing the quality of life for all of the residents of Indian River County. Service Principle: The users of the Indian River County Library System deserve the highest quality service possible to fulfill their educational, informational, cultural, and recreational needs. High quality library service is dependent upon the following factors: well -selected and well-maintained collections of library materials in adequate numbers to respond to user needs, the availability of qualified and enthusiastic personnel, convenient hours of service, inviting physical facilities accessible to all segments of the county, implementation of the latest technology, and the financial resources to meet library needs of the county residents. The Indian River County Library System subscribes to the principles and statements included in the Library Bill of Rights and its interpretations and the Freedom to Read Statement, in the latest versions, as adopted by the American Library Association. Standards: The Indian River County Library System recognizes the importance of standards appropriate to public library service. Standards are developed by the American Library Association, the Florida Library Association, the State P3 41 Library of Florida, and other similar organizations responsible for the development of standards. Unless otherwise excepted, such standards are used as guidelines for the library system. General Information The Indian River County Library System includes the Main Library, located in downtown Vero Beach; the Brackett Library, a joint -use facility with Indian River State College, located on the Mueller Center campus in Vero Beach; the North Indian River County Library, located in Sebastian; the Law Library, located in the Main Library, and the Gifford Youth Activities Center Library, located in the Gifford community. The system employs 41.5 staff (FTE). The FY 2014/2015 proposed budget for the library system is $3,327,264.00. The facilities total 106,347 square feet. The Main Library is 49,389 square feet; the Brackett Library is 30,000 square feet; the North County Library is 25,445 square feet, and the Gifford Library is 1,513 square feet. The System offers access to 543,730 items, including audio visual and electronic materials. There is also an extensive Florida history, genealogy, and Civil War collection which include online databases, historic maps, and microforms. The library system has been automated since 1991, and upgraded periodically and as recently as 2008. Polaris is the automation vendor. All library applications are automated. Upgrades are done as available. The Friends of the Library organizations offer support for all the system libraries. Volunteers provided 27,038 hours of service to the System in FY 2013/2014. Library Hours of Operation: Main Library Mondays & Thursdays 10:00 - 8:00 Tuesdays, Wednesdays, & Fridays 10:00 - 5:00 Saturdays 10:00 - 4:00 Sundays 1:00 - 5:00 4 P3 42 D Brackett Library Mondays, Thursdays, & Fridays 9:00 — 5:00 Tuesdays & Wednesdays 12:00 — 8:00 North Indian River County Library Mondays - Wednesdays 10:00 - 8:00 Thursdays & Fridays 10:00 - 5:00 Saturdays 10:00 - 4:00 Gifford Library Mondays — Fridays 1:00 — 5:00 Fiscal Year 2013/2014 Library System Statistics Circulation: 1,321,705 Library Visits: 590,056 Reference: 672,307 Program Attd.: 42,000 History The Fellsmere Library Association formed in 1914 and dedicated the Marian Fell Library in 1915. This library is not part of the IRC library system, but is still in operation today. The library is operated solely by volunteers and serves as an after school center. Library service for Indian River County was the main objective of the Vero Beach Woman's Club in 1915. There was community support and in 1916 the building opened serving as a library and a club house. As the population and usage increased, the need for a larger space became evident. Several of the community and the Woman's Club formed the Indian River County Library Association. A fund drive ensued and a 7,000 square foot facility was built across from City Hall. The library opened in 1962. An addition was built in 1974. LSCA funds were awarded in 1983 to build a meeting room and a reading room ($25,000.00). The building was then 9,500 square feet. 5 P3 43 In 1981, the Sebastian River Library Association was organized by the Sebastian Junior Woman's Club. The North Indian River County Library began as the Sebastian Area County Library and was first opened in May, 1983, in a small building which formerly served as Sebastian City Hall. The library was governed by the Sebastian River Library Association, but received most of its funding from Indian River County. In October, 1986, the library became a division of county government and plans were soon underway for a new facility as usage and the collection had outgrown the 2,400 square foot building. A new facility was opened and named the North Indian River County Library, reflecting its service commitment to more than Sebastian residents, in November, 1990. As the end of the decade came nearer, it became necessary to once again plan for more space. In 2002 the Library was expanded and remodeled to its current size of 25,445 sq.ft. In 1985, LSCA funds provided for a system development plan ($6,000.00). Cecil P. Beach and Darro C. Wiley prepared the report entitled "The Indian River County Library Organizational Analysis and Needs Assessment." This report was approved by the Indian River County Board of County Commissioners in January, 1986. In June, 1986, LSCA funds provided for an automation planning grant ($7,000.00). RMG Consultants, Inc. prepared the "Plans and Recommendations for Automated Systems and Services for Indian River County Library System." Pat McClintock prepared the report, and he updated the report in 1989. In September, 1986, a 5.9 million bond issue passed 3-1 by the citizens of Indian River County to build 2 new facilities, fully automated. In July, 1987, Richard L. Waters was selected to prepare library building programs for the North Indian River County Library and the Indian River County Main Library. In November, 1990, the new 17,470 square foot North Indian River County Library facility opened. In February, 1991, the new 39,666 square foot Indian River County Main Library opened. 6 P344 Both facilities were expanded in 2002. The North Indian River County Library is now 25,445 square feet and the Indian River County Main Library is 49,286 square feet. The Indian River County Law Library was established in 1957. Indian River County took over the complete responsibility of operating and maintaining the Law Library in October, 1989. In January of 1995, the new Law Library opened in the new Court house with 3,993 square feet. Due to space needs of the Courthouse, the Law Library was relocated to the Main Library. In 2003, a small library outlet was opened in the Gifford Youth Activity Center building. For several years, discussions had taken place with Indian River State College to build a branch on the Mueller Campus in Vero Beach. In 2002, the Board of County Commissioners approved this location for the next branch library. The Board also approved the expenditure from sales tax revenues. In March, 2004, the Board of County Commissioners approved a contract with Harvard Jolly Cleese Toppe Architects and Ruth O'Donnell, library consultant, to prepare the "Indian River County Library Master Facilities Plan, 2005 — 2025." This report was approved by the Board of County Commissioners on March 15, 2005. In January, 2005, the Board of County Commissioners agreed to deposit $4.3 million dollars in the Indian River State College Foundation account to be eligible for a state dollar for dollar match from the Legislature. The Legislature approved this match and plans proceeded with this facility. The 30,000 square foot Brackett Joint -Use Library opened on October 28, 2009. Government The Indian River County Library System is a division of the General Services Department. The Library Services Director reports to the Assistant County Administrator, who reports to the County Administrator, who P345 reports to the Board. The library system's budget is funded from the general fund. Library Descriptions Indian River County Law Library The Law Library provides legal resources and information for the community. Resources are provided for patrons, students from junior high school through graduate school, paralegals, judges, attorneys, law enforcement personnel, and the general public. The Law Library offers Lois Law and basic law references in print form. There is no charge for any of the Law Library services. North Indian River County Library The collection includes 130,040 items in many formats, including electronic resources and E -books. Wireless Internet access is available. Library users have access to the collection through the Polaris system's online catalog. Equipment is available for public use, and public computers are also available. A meeting room, seating 200, a conference room seating 10 and three study/typing rooms are available for groups or individuals to reserve and use. All are heavily booked by community groups, boards, literacy tutors, etc. A Storytime Room in the Children's Department provides a special area for children's programming. The library sponsors and/or cosponsors many programs for all age groups, often with support from the Friends of the North Indian River County Library. Programs for preschoolers and toddlers are offered by the Children's Department. Staff visits Headstart Centers monthly, as well as offering programs in the library to local preschools. During the summer a full schedule of programs for children of all ages is offered. The Friends offer P3 46 film programs each Thursday from January through April. Several reading/discussion groups, poetry and writing workshops have been offered. A Library Coffee House, offered once a month on Friday evenings from October through April, is a popular program. Exhibits are displayed monthly in the library covering a variety of subjects and types of objects. Some belong to local collectors or craftsmen; others are traveling exhibits offered by a variety of sources. Fees are paid by the Friends organization. Through the programming, meetings and displays offered, the library has become a cultural center for the north county area. More information about the resources, programs and materials of the North Indian River County Library can be found on the website: www.irclibrary.org Indian River County Main Library The collection has 311,919 cataloged items in addition to the paperback, microfiche, microfilm, vertical file, and map collections. The collection includes materials in all formats, including electronic resources and E - books. There is also a collection for the visually impaired. The emphasis of the collection is general reference and Florida history and genealogy. Main Library staff is shared with the Brackett Library. Equipment is available for public use, as well as public computers. Wireless Internet access is available. There are six study/typing rooms, 1 classroom, 1 conference room, 1 meeting room with capacity of 25 - 30, and a 200 -seat capacity multimedia meeting room. The children's department has a large story time pit. The Adult Literacy Service of Indian River County maintains its office in the lobby area of the library. The Friends of the Library Gift Shop and office are also located in the lobby area of the library, and the Friends' Used Book Depot is in another location. The Vero Beach Art Club exhibits local artists' works throughout the year. There are three display cases for special displays, and the lobby has two 9 P3 47 large bulletin boards. The Friends purchased display boards for specific subject displays and displays from the Florida Humanities Council. The library serves as an early voting site. The Friends sponsor the lease plan program that provides patrons with additional copies of popular books and DVD's (System -wide). Programming is on-going for adults, young adults, and children. For children, the library offers Books and Babies; Daddytime; pre -toddler, toddler, and 3-5 year old storytimes; after school programs; art; music; sign language; summer programs; field trips and tours; and special programs throughout the year. Programs for adults and young adults include poetry, genealogy, babysitting, calligraphy, belly dancing, zumba, yoga, breathing, sign language, art, music, monthly concert (on the lawn), talent shows, writing, modeling, career, creative writing, drama, illustration, photography, public relations, crafts, cultures, summer programs, and special programs throughout the year. The Friends sponsor author presentations. Brackett Library (Indian River County/Indian River State College Joint -Use) The Brackett Library is located on the Mueller Center campus of Indian River State College in Vero Beach, Florida. This two-story, 30,000 square feet facility is a full service public library branch of the Indian River County Library System. The Brackett library offers services to patrons of all ages, students, and faculty. There is a computer Instruction Lab that can be used both by the College and the public with 37 workstations. Equipment and public computers are available for the public. Brackett has 91,711 cataloged items. Programs for all ages are also offered throughout the year (including concerts on the lawn). There are 4 study rooms, a reserve room, a small classroom, a 20 — 25 seat conference room, and a 50 — 75 seat meeting room. 10 P3 48 Close proximity to the Charter High School lends to numerous cooperative projects. Gifford Library The collection has 10,160 cataloged items. The collection's focus is K-12 in numerous formats. Public computers are also available and wi-fi access. The library is located within the Gifford Youth Activity Center building. The Center provides varied and numerous programs for all ages in the Gifford Community. The facility is located next to the Gifford Aquatic Center and a park. There is a gymnasium within the facility. The Center serves as a voting precinct. Indian River State College offers a computer lab and classes, along with Project Hope, Upward Bound, and Adult Basic Education. Community Profile Indian River has a humid, sub -tropical climate with an average coastal temperature of 72.6 degrees. The county is 502.872 square miles and is located on the east coast between Brevard and St. Lucie Counties. The following information is from the "Profiles of Florida 2014." Population of the county is 141,994 (2013 estimate). The average age is 48.9. Per capita income --$31,630 Median Household --$45,274 Average Household --$72,710 Woods & Poole 2014 State Profile Ages 0 - 17: 18.7% Ages 18 — 34: 15.6% Ages 35 — 54: 23.9% Ages 55 — 64: 14.5% Ages65 — 79: 18.6% Ages 80 & Older: 8.7% White: 87.4% P349 Black: 9.3% Asian: 1.4% Hispanic: 11.7% Native American: 0.4% Percentage of population over 25 with 12 or more years of school completed: 86.7% Percentage of population over 25 with 16 or more years of school completed: 26.8% Percentage of population over 25 with a master's degree or higher: 10.2% There are 2 high schools, 1 freshmen learning center, 4 middle schools, 1 exceptional school, 1 Alternative Education school, 13 elementary schools, 5 Charter schools, Adult and Community Education School, Gifford Youth Activities Center, and the Indian River State College Mueller Center. The Vero Beach Art Museum, Riverside Theatre, Riverside Children's Theatre, and the Vero Beach Theatre Guild provide cultural, recreational, and classroom programs for the community year round. There are numerous golf courses, beach parks, and parks within the county. In addition, there is the aquatic center, North County pool, and the gun range. Indian River County residents can enjoy the Environmental Learning Center, McLarty Museum, Mel Fisher Museum, McKee Botanical Gardens, Laura Riding Jackson Home Preservation Foundation, Windsor Polo Club, and the Disney Resort. The Vero Beach Sports Village offers sports -related activities throughout the year. Regional Profile The North Indian River County Library has traditionally been considered to serve the communities of Sebastian, Roseland, Fellsmere, Wabasso, Orchid Island and unincorporated areas of Indian River County north of Hobart Park. There are no actual boundaries for service within the County, however, as the library is a branch of the Indian River County Library system, and together with the Main Library and other branches, serves all of Indian River County. For the purpose of pointing out the distinguishing 12 P3 50 features of this branch, however, we will look at the characteristics of the communities listed above. The estimated population of Sebastian, Fellsmere and Orchid Island, Wabasso, and Roseland is 31,475. The north county area has five elementary schools, a middle school, a high school and an exceptional school, as well as a charter elementary and a charter junior high school. There are three preschools in the area and three Headstart centers. Along with a growing home school population, many students use the library extensively. Students in this area often continue their education at Indian River State College or Brevard Community College. Recreational opportunities are offered by Adult Education, the Indian River County Recreation Department, the City of Sebastian Recreation Department, the Sebastian Sharks football and cheerleading league, the Sebastian Soccer Association and Sebastian Little League. Golf courses are available in Sebastian and Winter Beach. The North County Aquatic Center offers a variety of water activities, and a new softball park is located nearby. The Sebastian Inlet State Park and Recreation area, as well as county parks and beaches provide many opportunities for outdoor activities. The Environmental Learning Center at Wabasso causeway, the McLarty Museum on AIA, and Mel Fisher's Treasure Museum in Sebastian provide other interesting experiences for residents and visitors. The Sebastian River Medical Center provides a series of health-related programs each year. Many organizations thrive in the north county area, reflecting the diverse interests of the community. Many of these organizations hold their meetings in the library meeting room each month, such as Welcome Wagon, the Fishing Club, the Sebastian River Area Historical Society, the Treasure Coast Archeological Society, the Pelican Island Preservation Society, and various property owners associations. Service groups, such as the Exchange Club, Rotary Club, Chamber of Commerce, Sebastian Junior Woman's Club and Sebastian Woman's Club meet elsewhere. Library Roles 13 P3 51 Indian River County Law Library The primary role of the Law Library is "reference center." The library actively provides timely, accurate, and useful information for the legal profession and for residents in their pursuit of job-related and personal interests. The library promotes on-site and telephone reference & information services, interlibrary loan services, Internet and online resources access. North Indian River County Library The primary role is "popular materials library." The library features current, high demand, high interest materials in a variety of formats for persons of all ages. The library actively promotes and encourages the use of its collections. Multiple copies of best sellers, new titles in all formats are required. The staff is knowledgeable about current, popular interests and anticipates "hot" titles. The secondary roles are the "independent learning center" and the "preschooler's door to learning." The library supports individuals of all ages pursuing a sustained program of learning independent of any educational provider. The library is the only institution available to persons regardless of age or the ability to pay. Reference materials and how-to manuals in all formats are available for the independent learner. Staff must be available to assist in the pursuit of interests and to guide to the appropriate materials. The facility provides comfortable reading areas, and space is available for quiet study. The library also encourages young children to develop an interest in reading and learning through services for children and for parents and children together. The library promotes reading readiness from infancy, providing services for self -enrichment and for discovering the pleasures of reading and learning. The library provides a place designated for preschoolers to satisfy their curiosity, stimulate new interests, and find information. The library promotes early reading, contributing to successful performance in formal schooling. The collection has a variety of materials and formats for prechoolers and adults working with young children. Staff is knowledgeable about early childhood development and children's literature. 14 P3 52 Indian River County Main Library Primary goals are "reference center," "independent learning center," and the "popular materials library." Secondary roles are the "preschooler's door to learning," the "formal education support center," and the "community activities/information center." The library actively provides timely, accurate, and useful information to those in pursuit of job-related and personal interests. Staff provides on-site and telephone reference/information services, interlibrary loan services, research classes, provide Internet, online reference resource services, and assist with Florida history and genealogy research. The library supports individuals of all ages who are pursuing a sustained program of learning independent of any educational provider. Comprehensive collections are available to support their varied interests, from career development and basic skills to writing for publication and advanced historical research. Information is available in many formats, including microfilm and fiche, Internet, and online resources. The collection strengths are in literature, business, medical, history, Florida history, county history, war information, maps, and genealogy. Staff is knowledgeable in general, as well as specialized reference. Wireless Internet and public computers are available. Over 70% of the materials budget is expended on reference, Florida History & Genealogy, online services, and nonfiction materials, supporting the primary roles of "reference center" and "independent learning center." The primary role of "popular materials library" is supplemented by the Friends of the Library book lease plan. The Friends donate annually for the purchase of multiple copies of popular materials. The library features and promotes the use of current, high demand, high interest materials in a variety of formats for persons of all ages. The "new book" area is located just inside the entrance to the library. New media items are displayed in the media department. 15 P3 53 One of the secondary roles is the "preschoolers' door to learning." The library encourages preschoolers to develop an interest in reading and learning by providing services for children and for parents and children. The library promotes reading readiness from infancy. Programs are offered weekly for these age groups and their parents: babies, toddlers, preschoolers, day cares, and grade school children. Knowledgeable staff is available to assist with patron's needs. We also offer the "Born To Read" program of service. The children's collection includes materials for the home schoolers, curriculum enrichment, adult basic education, recreational, educational, magazines, audio visual, online resources and Internet. Board books, picture books, easy books, paperbacks, read -a -longs, computer games, puppets, fiction and nonfiction books are available. The "formal education center" is another secondary role. The library assists students of all ages in meeting educational objectives established during their formal course of study. Assistance and materials are available for elementary and secondary students, college and technical school students, adult basic education and adult literacy students. Research and computer classes are taught for each type of student and for every level. The library has informal agreements with Indian River Community College, Webster Business College, and Flight Safety. The library is also considered a "community activities and information center." The library provides both meeting room space and equipment for community, governmental, and library related and library sponsored programs. Meeting rooms available for public use are: 1 large multimedia room, 2 conference rooms, a 40 seat meeting room, 1 classroom, and 6 study/typing rooms. The library maintains a high profile as a clearinghouse for current community information. The Information & Referral database is available for downloading. The Genealogical Society has indexed the local newspaper and obituaries. Two large bulletin boards are available for the public in the lobby and 3 more are available on the second floor. Public information from numerous community organizations is made available on the first floor. Indian River County/Indian River State College Brackett Library 16 P3 54 The primary roles of the Brackett Library are "formal education support center," "reference center," and "independent learning center." These roles are based on the type of branch the Brackett Library is and may be further supported by usage statistics. The secondary roles are "popular materials library" and "preschooler's door to learning." Instructional classes are held in the computer lab and group study is held in the larger study room. Programs based on the Main Library programs are held for all ages throughout the year, including the outdoor concerts. Goals, Objectives, & Activities Indian River County Law Library Goal: Provide timely, accurate, and useful information for the general public, students, and legal profession to support the primary goal of "reference center." Objectives & Activities: Link the general public, students, and legal profession to information they seek in pursuit of their job-related and personal interests. By providing: • Public access to the Internet • Public access to online resources • In-house, Internet, and telephone reference • Additional online services 100% of the materials budget is expended on reference materials. Indian River County Main Library 17 P3 55 Goal: Provide patrons with timely, accurate, and useful information in a variety of formats, which supports the primary roles of "reference center" and "independent learning center." Objectives & Activities: Make available materials to answer patrons' needs for information on any subject in which they have an interest or a need to learn. By continuing to: • Combine traditional & technological reference services to best meet individual needs • Provide in-house, Internet, telephone, online, and interlibrary loan reference/information services • Build and maintain a comprehensive reference, Florida History & Genealogy, and nonfiction collection to assist patrons with their pursuit of job-related, scholarly, or personal interests • Provide training and access to the Internet and online resources for patrons and for staff • Evaluate and determine which format for which resource is the most effective and cost efficient • Continue to digitize historical information & photographs 70% of the materials budget is expended on reference, online resources, Florida History & Genealogy, and nonfiction. Goal: Provide current, high demand, and high interest materials in a variety of formats to meet patron demand, which supports the primary role of "popular materials library." Objectives & Activities: Make available popular materials in all formats in sufficient quantities to meet public demand in a timely manner. 18 P356 By continuing to: • Offer the Friends of the Library's book & DVD lease plans for multiple copies of popular, best selling, and well reviewed titles • Develop the audio visual collection—DVDs, music CDs, and audio books • Build the E -book collection • Build the downloadable audio collection 15% of the materials budget is expended in this area. Goal: Encourage preschool children to develop an interest in reading and learning, which supports the secondary role of "preschoolers' door to learning." Objectives & Activities: Promote reading readiness from infancy to develop self -enrichment and a love of reading and learning. By continuing to: • Provide weekly story time programs for babies, toddlers, preschoolers, day cares, and grade school children • Provide a weekly after school program for elementary age children • Provide the weekly "Daddytime" storytime program • Develop selected reading lists for all ages and levels for children, parents, and teachers • Provide "special" programming throughout the year and the summer program sessions • Develop the collection in all formats for curriculum enrichment, adult basic education, home schoolers, education, recreation, & information 19 P3 57 • Assist parents and care givers in the encouragement of a love of reading and learning • Assist parents and children in achieving their educational goals • Assist children with appropriate Internet use • Continue the Born To Read program of service 15% of the materials budget is expended in this area. Goal: Provide assistance & resources for students of all ages to meet their educational objectives established during their formal courses of study, which supports the secondary role of "formal education support center." Objectives & Activities: Make available resources and knowledgeable staff relevant to the students' needs. By continuing to: • Provide resources that supplement each level of study • Provide research methods, computer, online resources, and Internet classes • Reserve materials for specific classroom assignments • Participate with the cooperative agreement with Indian River State College, Webster Business College, and Flight Safety Goal: Maintain the library as the information clearinghouse and community activities center, which supports that secondary role. Objectives & Activities: Better acquaint the public with the library's programs, services, and collections. 20 P3 58 By continuing to: • Publicize library programs and services • Offer meeting room space for community groups and organizations • Index the local newspaper with the Genealogical Society • Keep the web page current • Offer classes on research methods North Indian River County Goal: Provide current, high demand, and high interest materials in a variety of formats to meet patron demand, which supports the primary role of "popular materials library." Objectives & Activities Make available popular materials in all formats in sufficient quantities to meet public demand in a timely manner. By continuing to: • Purchase multiple copies of popular, bestselling, and well - reviewed adult fiction books. • Develop the audiovisual collection. • Build the E -books and downloadable audio collections 50 % of the materials budget is expended in this area. Goal: Encourage children of all ages to develop an interest in reading and learning, which supports the secondary role of "children's door to learning." Objectives & Activities 21 P3 59 Promote reading readiness from infancy to develop self -enrichment and a love of reading and learning. By continuing to: • Provide weekly storytime programs for babies, toddlers, preschoolers, day care centers, Headstart programs and grade school children. • Provide weekly afterschool programs for elementary age children. • Provide "special"programming throughout the year, including summer library sessions. • Develop the children's collection for curriculum enrichment, home schoolers, education, recreation and information. • Assist parents and caregivers in encouraging a love of reading and learning. 20 % of the materials budget is expended in this area. Goal: Provide patrons with timely, accurate, and useful information in a variety of formats, which supports the secondary role of "independent learning center." Objectives & Activities: Make available materials to answer patrons' needs for information on any subject in which they have an interest or a need to learn. By continuing to: • Combine traditional print & online reference services to best meet individual needs. • Provide inhouse, internet, telephone, and interlibrary loan reference/information services. 22 P360 • Build and maintain comprehensive reference, Florida and nonfiction collections to assist patrons with their pursuit of job- related, scholarly, or personal interests. • Provide training and access to the internet and online databases for patrons and for staff. • Offer programming which supports patrons' interests or informational needs. 30 % of the materials budget is expended on reference, Florida and nonfiction collections. Goal: Establish the Library within the community as the place to go for popular materials, independent learning, and children's door to learning, which supports the primary and two secondary roles of the Library. Objectives & Activities Better acquaint the public with the Library's programs, services and resources. By continuing to: • Keep the webpage current. • Encourage staff to participate in community organizations. • Speak to local groups about the resources, programs and services offered by the Library. • Offer meeting room space within the Library for community groups and organizations. • Offer cultural and recreational programming for the public. Gifford Library 23 P3 61 The GYAC Library has a target group of pre-school - 12 at present. The space is limited at this time. The roles of this library are the "pre-schooler's door to learning" and the "formal education center." Goal: Encourage preschool children to develop an interest in reading and learning, which supports the primary role of "preschoolers' door to learning." Objectives & Activities: Promote reading readiness from infancy to develop self -enrichment and a love of reading and learning. By continuing to: • Develop selected reading lists for all ages and levels for children, parents, and teachers and develop collections • Provide "special" programming throughout the year and the summer program sessions • Assist parents and care givers in the encouragement of a love of reading and learning • Assist parents and children in achieving their educational goals Goal: Provide assistance & resources for students of all ages to meet their educational objectives established during their formal courses of study, which supports the primary role of "formal education support center." Objectives & Activities: Make available resources and knowledgeable staff relevant to the students' needs. By continuing to: 24 P362 • Provide resources that supplement each level of study • Provide research methods, computer, online resources, and Internet classes Technology A technology plan is on file with the State Library. Certification of approval of this plan has been received. Facilities In March, 2004, the Board of County Commissioners approved a contract with Harvard Jolly Cleese Toppe Architects and Ruth O'Donnell, library consultant, to prepare the "Indian River County Library Master Facilities Plan, 2005 — 2025." This report was approved by the Board of County Commissioners on March 15, 2005. This revision prepared by Mary D. Snyder, Indian River County Library Services Director, November, 2014. 25 P3 63 CONSENT AGENDA s , Indian River County Board of County Commissioners General Services Department 1800 27' Street, Vero Beach, Florida 32960 Telephone: 772-226-1223 Fax: 772-589-6119 MEMORANDUM Date: September 1, 2017 To: Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael Smykowski, Office of Management and Budget Michael C. Zito, Assistant County Administrator/ General Services Director From: Anne Shepherd, Library Director Subject: State Aid to Libraries New Library Director Grant Certification of Credentials Form DLIS/SA01 DESCRIPTION The State of Florida requires that a new Library Director be certified as holding a Master's degree in Library Science and have appropriate experience. On May 26, 2017, Anne Shepherd, accepted and began employment as the Indian River County Library System's Director. She has extensive experience in Library Management, and has held a Master's Degree in Library Science for over 25 years with Permanent Librarian Certification from three States. FUNDING SOURCE This document certifies the Indian River County Library Director meets requirements for applying for and obtaining state funds. No Funding is required on this action. RECOMMENDATIONS• Staff recommends Board of County Commission authorize Chairman to sign the State Aid to - Libraries Grant Certification of Credentials documents certifying Anne Shepherd meets qualifications. ATTACHMENTS: Certification Form DLIS/SA01 DISTRIBUTION Anne Shepherd, Library Director C:\Users\legistar\AppDataV-ocal\Temp\BCL Technologies\easyPDF 8\@BCL@7C14E79E\@BCL@7C14E79E.docxG.S. Request for Consideration P3 64 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION Certification of Credentials — Single Library Administrative Head The Board of County Commissioners of Indian River County , (Name of library governing body) governing body for the Indian River County Library System , (Name of library) hereby certifies that the incumbent single library administrative head, Anne M. Shepherd , (Name of incumbent) • Has completed a library education program accredited by the American Library Association; • Has at least two years full-time paid professional experience, after completing the library education program, in a public library open to the public for a minimum of 40 hours per week; • Is employed full time by the library's governing body; • Is responsible for the overall management or coordination of the library within the framework established by interlocal or other agreements, plans, policies and budgets; • Is responsible for developing a single long-range plan for all library outlets, a single annual plan of service and a budget; and • Is responsible for implementing the long-range plan, annual plan of service and budget as well as preparing reports on behalf of the library. Signature Chair, Library Governing Body Name (Typed) Date State Aid to Libraries Grant Certification of Credentials (Form DLIS/SA01) Chapter 1 B -2.011(2)(a), Florida Administrative Code, Effective 07/2017 Page 1 of 1 P3 65 9. we INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: September 1, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: Work Order No. 15 with Kimley-Horn and Associates for the Control System Implementation for Well No. 4 and 7 at South County RO Plant (SCRO) DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) owns and operates six (6) Floridan supply wells that are the raw water supply and source water for the SCRO water treatment facility located on Oslo Road. These wells are the lifeblood of the treatment facilities, and maintaining efficient operation of these well fields is critical to the sustainability of the water system. On July 12, 2016, the Indian River County Board of County Commissioners (BCC) approved the award of bid to All Webbs Enterprises, Inc. for the rehabilitation of wells S3, S4, S5, and S6 to restore capacity and reliability of the raw water supply wells to the water treatment plant and to construct a new well S7. During the initial phases of rehabilitation of well S4, it became apparent that the existing PVC casing was damaged significantly from previous work to the extent of not being salvageable. Therefore, on April 4, 2017, the BCC approved Change Order No.1 to All Webb's contract to include the construction of a new well S-411 in the same vicinity as the old. Currently, completion of well S7 is scheduled for the end of October 2017. Each of the new well designs include variable frequency drives (VFD) and fiber optic (FO) communication, which is a more robust and reliable system over the existing radio telemetry (RTU) systems currently in place at all of the existing wells. With the FO design, additional programming is necessary at both the water plant and well sites to provide direct communication with the water plant Programmable Logic Control (PLC). Integration of control and monitoring of these wells with the other wells is the last element needed to provide full operation of these two wells. Once complete, two of the seven wells at SCRO will have direct, more reliable communication with plant and wells S7 and S-411. ANALYSIS: Staff requested that Kim ley -Horn prepare a proposal for the integration and continuous monitoring of the two new wells for flow, water level, pump speed and control of pump operation through the existing plant PLC via Human Machine Interface (HMI) for the two new wells at the SCRO water treatment plant. The scope is more specifically described in the attached Work Order No. 15. On November 4, 2014, the BCC approved the Extension and Amendment of the Continuing Contract Agreement for Professional Services with Kim ley -Horn and Associates. The total negotiated cost for the control system implementation is outlined in Work Order No. 15 for a lump sum amount of $24,992.00. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL9641 D3B79\9BCL9641 D3B79.docx P3 66 FUNDING: Funding for Work Order No. xx is available in the SCRO Well No. 4 and 7 Account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount SCRO New Well S-411 and S7 471-169000-14506 $24,992.00 RECOMMENDATION: Staff recommends approval of the attached Work Order No. xx authorizing the above-mentioned professional services and requests the Indian River County Board of County Commissioners to authorize the Chairman to execute the attached Work Order No. 15 on their behalf for a sum amount of $24,992.00 to Kimley-Horn and Associates. ATTACH MENT(s): 1. Work Order No. 15 and supporting documents (6 Pages) P3 67 WORK ORDER NUMBER 15 - South Oslo Rd WTP Floridan Well S-7 and S-4 Control System Implementation This Work Order Number 15 is entered into as of this 12th day of September, 2017, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 1S, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4" day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: KimleY-Horrt,aa oci les, Inc. By: Briaj G � d, P.E. Title: Senior Vi. By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P368 EXHIBIT A WORK ORDER 15 Indian River County Department of Utility Services South Oslo Rd Water Plant Well S-7 and S4 Control System Implementation PROJECT UNDERSTANDING Indian River County Utilities (IRCU) awarded construction of the South Oslo Rd water plant well S-7 and the replacement of well S4 to All Webbs Enterprises, Inc. on July 12, 2016. Currently, completion of well S7 is scheduled for end of October 2017. Each of the new well designs include variable frequency drives (VFD) and fiber optic (FO) communication which is an improvement and more robust and reliable system over the existing radio telemetry (RTU) systems currently in place at all of the existing wells. With VFD's, flow can be varied and controlled via the water plant which is currently not available with the existing wells. With the FO design, additional programming is necessary at both the water plant and wellsites to provide direct communication with the water plant PLC. Integration of control and monitoring of these wells with the other wells is the last element needed to provide full operation of these two wells. Once complete, two of the seven wells will have direct communication with plant and wells 7 and 4. The following scope consists of modifying the existing plant PLC and HMI to allow monitoring of flow, water level, and pump speed, and control of the pump operation. Coordination and commissioning of the wellsite PLC and VFD communication will also be provided. Consultant will utilize the services of Control Systems Design, Inc. (CSD), to perform the programming and commissioning, who has extensive knowledge of the IRCU water plant SCADA systems. SCOPE OF WORK TASK 1- WELL S-7 AND S-4 PROGRAMMING Consultant and CSD will review submittals of new control panel and modifications to well 7, well 4, and the main PLC panel in the control room. After finalization of the submittals from all vendors, Consultant and CSD will create modifications for changes to the main processors to accept the additional RIO K:\WPB_Civil\044572039 - SCRO Well S-4 Replacement\Admin\Exhibit A Well S7 and S4 SCADA Programming S.15.17.docxPage 1 of 3 P369 panel for each of the wells via the DH+ to ethernet bridge in the main PLC and incorporate these well controls into the existing well/ train logic for control of these systems. Consultant and CSD will implement the changes onsite to the main PLC, load the new PLC and establish communications and verify communications and operability. Consultant and CSD will modify the SCADA system database to add all new points relative to the new systems, any older or modified systems to establish a complete interface. Consultant and CSD will Commission all I/O, startup and checkout the system, based on 1 day onsite and follow-up remotely. Consultant and CSD will provide warranty service for one year after startup. SCHEDULE In general, consultant will work as expeditiously as possible and concurrent with well contractors schedule. FEE SCHEDULE We will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated November 15, 2011, with Indian River County, expiring November 16'h,2017. The Consultant will provide professional services for Task 1 on a lump sum fee basis as follows: Task No. Task Task Fee TASK 1 WELL S-7 AND S-4 PROGRAMMING $24,992 TOTAL $24,992 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: KAWPB_Civil\044572039 - SCRO Well S-4 Replacement\Admin\Exhibit A Well S7 and S4 SCADA Programming 8.15.17.dooxPage 2 of 3 P370 • Revamp or upgrade to other communication systems. • Redesign of PLC hardware and panel replacements or upgrades based on actual conditions at the time of implementation. ITEMS FURNISHED BY OWNER The following items will be furnished by the Owner and are necessary for completion of the tasks described herein. • Access to facilities and open discussions with County IS integrator. • Copies of all drawings depicting the present scada system and network. • Copies of all scada/County networking present and planned. K:\WPB_Civil\044572039 - SCRO Well S-4 Replacement\Admin\Exhibit A Well S7 and S4 SCADA Programming 8.15.17_doexPage 3 of 3 P371 DESCRIPTION HOURS LABOR IRC South Plant Well 7 Addition 1 Submittal review of new control panel and modifications to well 7 and the main PLC panel in 4 $ 600.00 the control room. After finalization of the submittals from all vendors, create modifications for changes to the 2 main processors to accept the additional RIO panel for each of the wells via the DH+ to 20 $ 2,500.00 ethernet bridge in the main PLC and incorporate these well controls into the existing well/train logic for control of these systems. 3 Implement the changes onsite to the main PLC, load the new PLC and establish 15 $ 1,875.00 communications and verify communications and operability. 4 Modify the scada system database to add all new points relative to the new systems, any 15 $ 1,875.00 older or modified systems to establish a complete interface. 5 Commission all 1/0, startup and checkout the entire system, based on 1 day onsite and 16 $ 2,000.00 followup remotely. 6 Provide warranty service for one year after startup 10 $ 1,250.00 TOTAL 80 $ 10,100.00 IRC South Plant Well 4 Addition 1 Submittal review of new control panel and modifications to well 7 and the main PLC panel in 10 $ 1,500.00 the control room. After finalization of the submittals from all vendors, create modifications for changes to the 2 main processors to accept the additional RIO panel for each of the wells via the DH+ to 20 $ 2,500.00 ethernet bridge in the main PLC and incorporate these well controls into the existing well/train logic for control of these systems. 3 Implement the changes onsite to the main PLC, load the new PLC and establish 15 $ 1,875.00 communications and verify communications and operability. 4 Modify the scada system database to add all new points relative to the new systems, any 15 $ 1,875.00 older or modified systems to establish a complete interface. 5 Commission all 1/0, startup and checkout the entire system, based on 1 day onsite and 16 $ 2,000.00 followup remotely. 6 Provide warranty service for one year after startup 10 $ 1,250.00 TOTAL 86 $ 11,000.00 GRAND TOTAL FOR BOTH SITES 166 $ 21,100.00 South RO Wells 7 and 4 Upgrades Quotation as of 8/1/2017 - Page 1 of 1 P372 ESTIMATE FOR ENGINEERING SERVICES PROJECT: IRCU SCADA REMEDIATION PHASE 14 SHEET I OF 1 CLIENT: Indian River County Utilities FILE NO. ESTIMATOR: MDM DATE: 5/1/15 DESCRIPTION: ASSESSMENT & REMEDIATION DIRECT LABOR MAN-HOURS PRINC SEN PROF REG PROF JL/FH DES/ P3 (TH) CLK (TS/NI3 EXP SUB Dir Exp (4.6%) LINE TOTAL NO. TASK 1 WELL S-7 AND S-4 PROGRAMMING Coordination & startup oversight 10 14 $171 3,891 CSD $21,100 21,100 TOTAL HOURS 101 14 $21,100 $171 24,992 LABOR $/HOUR 235 2251 1501 1051 961 1 SUBTOTAL $2,2501 1 $1,4701 1 1 $3,720 IRCU SCADA Well 7 and 4 Programming MNHR.xls 8/1/2017 $24,991 $24,992 P373 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 8. �. Ofice Of Consent-*enda OPI 1212017 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E.,.Public Works Directo FROM: William K. DeBraal, Deputy County Attorney DATE: September 6, 2017 ATTORNEY SUBJECT: Assignment of Leases and Rents from Sebastian Comers Retail Center, LLC On September 5, 2017, the County and Sebastian Corners Retail Center, LLC closed on the purchase of real property that will become the site for the North County Office Complex. At the time of closing, four tenants remain in the building: Mattress Firm, Inc. Store #52123 Prime Communications, L.P., d/b/a AT&T A & R Cuban Hospitality, Inc., d/b/a Las Palmas Restaurant Sally Beauty Supply, LLC In accordance with the Agreement to Purchase and Sell Real Estate, the County is now the Landlord of these tenants and is entitled to receive the rental payments from the tenants. These tenants should be formally notified of the sale so the rental payments for September and October will be sent to the County instead of the previous owner. The attached Assignment of Leases and Rents formally provides notice to the tenants. Even though Dollar Tree Stores, Inc. has not renewed its lease and is relocating, it is included on the assignment in case its lease needs to be enforced by the County. It should be noted that Mattress Firm, AT&T and Sally Beauty Supply have their corporate headquarters in the Houston, Texas area and were affected by the flooding. Therefore, the Assignment provides for cooperation between the former owner and the County in case future rental payments are mailed to the former owner. Funding. There is no funding associated with this matter. Recommendation. Staff recommends the Board approve the Assignment of Leases and Rents from Sebastian Comers Retail Center, LLC, and authorize the Chairman to execute the document on behalf of the Board. Attachment: Assignment of Leases and Rents from Sebastian Corners Retail Center, LLC P374 ASSIGNMENT OF LEASES AND RENTS HIS ASSIGNMENT OF LEASES AND RENTS ("Assignment") is entered into as of the day of September, 2017 by and between Sebastian Corners Retail Center, LLC, 426 S.E. 6th Street, Dania Beach, Florida 33004, a Florida Limited Liability Company, ("Seller") and Indian River County, 1801 27'' Street, Vero Beach, FL 32960, a political subdivision of the State of Florida (the "County"): RECITALS WHEREAS, on July 18, 2017, Seller and County entered into an Agreement to Purchase and Sell Real Estate (the "Agreeimenf) for the property located at 1919-1931 US Highway 1, Sebastian FL 32958 (the "Property„) to serve as office space for the County's northern offices; and WHEREAS, Seller currently holds leases on the Property for the following tenants: Mattress Firm, Inc. #52123, Prime Communications, L.P., a Texas limited partnership, A & R Cuban Hospitality, Inc. a Florida corporation, Sally Beauty Supply, LLC, and Dollar Tree Stores, Inc.; and WHEREAS, it is the intent of the Seller and the County that the Tenants will continue to lease the Property on the same terms as those set forth in their various Existing Lease Agreements (Leases) except for Dollar Tree, whose lease expired on September 1, 2017 and is not renewing its lease; and WHEREAS, as pari of the Agreement, the Seller will assign all of its right, title and interest in the Leases to the County on the same terms as those set forth in the Leases, including Dollar Tree, whose Iease expired on September 1, 2017 and is not renewing its lease but the County may need to enforce the terms of the lease if Dollar Tree is a hold over tenant or if the County needs to enforce other sections of the lease against Dollar Tree. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Effective Date. Commencing on September 5, 2017, upon closing of the Agreement, Seller hereby assigns all of its right, title and interest in the Leases, including the right to receipt of rents, to the County on the same terms as those set forth in the Leases. 3. Coordination and Cooperation for September Payments. Three of the Tenants who will be affected by this Assignment have their headquarters in Texas, which has been drastically impacted by flooding caused by .Hurricane/Tropical Storm Harvey. _Even though the best efforts have been used to notify the Tenants of the sale of the Property, the Parties acknowledge that it may be weeks until flooded areas of Texas recover and are able to conduct business. Seller agrees to contact the County should Seller receive Page 1 of 4 P375 any rent payments for 'September or future month's rent from the Tenants and the Parties agree to work with the Tenants to have the September and future month's rent payments remitted to the County. The County agrees to coordinate with the Seller on any proration of the rent that may be due the Seller. The Parties agree to cooperate and execute any documents necessary to effectuate the terms of this Assignment. 4. Notification of Assignment. The County shall send a copy of this Assignment to the following Tenants at the below addresses as contained on their Leases: Mattress Firm, Inc. #52123 5815 Gulf Freeway Houston, TX 77023, Attn: Real Estate Department Prime Communications, L.P. Attn: Real Estate Department 12550 Reed Road, Suite 100 Sugar Land, TX 77478 and to realestate@primecomms.com A & R Cuban Hospitality, Inc. d/b/a Las Palmas Restaurant 1923 Cleveland Street Palm Bay, FL 32905 Sally Beauty Supply LLC - Real Estate Department Lease 10398 3001 Colorado Boulevard Denton, TX 76210 Dollar Tree Stores, Inc. Attn: Real Estate Department 500 Volvo Parkway Chesapeake, VA 23320 5. Future Rent Payments. AD future rent payments shall be remitted to: Indian River County Attn. Finance Department 18012P Street Vero Beach, FL 32960 Tenants who wish to make payment via electronic methods are encouraged to contact the Finance Department at 772-226-1570. 6. Notices Concerning the Lease. All notices concerning the Lease and the Property should be directed to - Indian River County Attn. Public Works Director 1801 27th Street Vero Beach, FL 32960 (772)226-3490 7'. All other provisions of the various Existing Lease, Agreements shall remain in full force and effect. Page 2 of 4 1;M1 IN WITNESS WHEREOF, the Seller has executed this Assignment this Cday of September, 2017. SEBASTIAN CORN,ERq F -WAIL CENTER, LLC By: Jay Di Witnessed by-/ siana Printed signature: Printed w Page 3 of 4 P377 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bv: Joseph E. Flescher, Chairman Date Approved: ATTEST: Jeffrey R..Smith Clerk of the Court and Comptroller By: Deputy Clerk APPROVED AS TO FORNV� William K. DeBiag Deputy County Attorney Jason E. Brown, County Administrator Page 4 of 4 P378 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully, P.E., Stormwater Engineer"' SUBJECT: Closeout of Construction Contract for Lateral D Canal Restoration DATE: August 31, 2017 DESCRIPTION AND CONDITIONS Indian River Farms Water Control District's (IRFWCD) North Relief Canal at the Egret Marsh Stormwater Park pump station was damaged during Hurricane Matthew by erosion caused by failure of an air release valve on the pump's discharge line. On May 9, 2017, the County Commission approved a construction contract with Timothy Rose Contracting, Inc. for $165,700.66. The Work is complete and has been accepted by County staff and IRFWCD. Some minor field modifications were made at no additional contract cost during construction to improve the finished product. A 6" flexible rubber check valve was deleted and drain piping between two existing valve boxes was modified, resulting in an additional concrete wall core in one of the valve boxes. Other extra work included applying asphalt millings with a coquina base over the site access driveway and construction of a concrete curb along the southern edge of a large existing work pad to prevent stormwater runoff from entering the canal. Also, a 6" PVC drain pipe into the canal was replaced with a more expensive and rugged 6" ductile iron pipe. The final invoice amount is $165,700.66. There have been no other invoices for this project. FUNDING The work will be paid from Acct #11128138-033490-17001, Transportation Fund//Stormwater/Other Contractual Services/Hurricane Mathew with anticipated reimbursement from FEMA. RECOMMENDATION Staff recommends the Board approve the Contractor's final pay request for the full contract amount of $165,700.66. ATTACHMENTS Final Pay Request from Timothy Rose Contracting, Inc. Page 2 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D012A07D\@BCL@D012A07D.doe P379 Closeout of Construction Contract for Lateral D Canal Restoration BCC Meeting — September 19, 2017 August 31, 2017 DISTRIBUTION Jennifer Hyde, Purchasing Division Michael Smykowski, Budget Division William K. DeBraal, Deputy County Attorney APPROVED. AGENDA ITEM FOR SEPTEMBER 19, 2017 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D012A07D\@BCL@D012A07D.doc P380 Timothy Rose Contracting, Incorporated Suite 106 Vero Beach, FL 32962 Phone # (772) 564-7800 E-mail TimRose7@comcast.net 1RC0 Storm -water Engineering Division 1840 25th Street Vero Beach, FL 32960 FINAL INVOICE Invoice # 6153-37 Invoice Date: 8/31/2017 P.O. No. Payment Terms Quantity Description Unit Price Amount 1 Manipulate, rehabilitate and repair disrupted concrete articulated block mats at the 165,700.66 165,700.66 Lateral D Canal; remove certain articulated block mats and deliver to Egret Marsh Stormwater Park; furnish and install rip -rap and armor the north bank of the Lateral D Canal; core existing valve vaults and furnish and install valve vault drain piping; furnish and install drain pipe check valves; and supply all other necessary materials and perform all other work shown or implied by the contract documents, including but not limited to mobilization, demobilization, insurance, labor, tools, fuel, record drawing survey, clean up and all related incidentals Total Invoice Amount $165,700.66 Thank you for your business. Payments/Credits Applied $0.00 Balance Due $165,700.66 P381 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll'4b'" Human Resources Director DATE: September 6, 2017 8.Z6 SUBJECT: Approval of Agreement with Florida Blue for the County's Excess Loss/Reinsurance Policv BACKGROUND: The County is self-insured in its Group Medical Insurance Program and we carry a policy that reimburses the County for claims that exceed a specific limit. This type of policy is called a stop loss policy, excess loss policy, or reinsurance policy. The County's current excess loss/reinsurance policy is with Florida Blue and has a specific deductible of $300,000 for individual claims and an aggregate stop loss deductible of $148,750. The current annual premium for this policy is $497,193. ANALYSIS: Florida Blue provided renewal options on August 2, 2017. Each of the renewal options included a 10% broker commission. The renewal options were reviewed by our new broker/consultant Lockton Companies. Based on Lockton's analysis of projected claims experience, they are recommending we renew with the current specific deductible of $300,000. The premium savings of increasing our specific deductible would not outweigh the increase in the deductible based on projected claims experience. Lockton also solicited proposals for reinsurance from other carriers and no other proposers were able to match Florida Blue's renewal proposal. The Florida Blue proposal is very competitive. P382 Specific Aggregate Annual Fixed Increase/ % Increase / Option p Deductible Specific p Premium (Decrease) Decrease Deductible from Current Current $300,000 $148,750 $497,193 N/A N/A Renewal $300,000 $148,750 $553,509 $56,316 11.3% Option 1 $350,000 $148,750 $468,015 ($29,178) -5.9% Option 2 $400,000 $148,750 $405,574 ($91,619) -18.4% The renewal options were reviewed by our new broker/consultant Lockton Companies. Based on Lockton's analysis of projected claims experience, they are recommending we renew with the current specific deductible of $300,000. The premium savings of increasing our specific deductible would not outweigh the increase in the deductible based on projected claims experience. Lockton also solicited proposals for reinsurance from other carriers and no other proposers were able to match Florida Blue's renewal proposal. The Florida Blue proposal is very competitive. P382 Additionally, because our new broker/consultant, Lockton Companies, does not receive commissions from excess loss/reinsurance premiums, we requested Florida Blue provide a renewal removing the 10% broker commissions. As a result, the renewal is less than our current excess loss/reinsurance premiums and maintains the same level of plan protection as indicated below. RECOMMENDATION: Staff recommends that the Board approve the agreement for the renewal option with Florida Blue for the County's excess loss/reinsurance policy for plan year 2017/2018 and authorize the Chairman to execute the renewal agreement. ATTACHMENTS: Indian River County Self -Funded Reinsurance Renewal 2017/18 P383 Specific Aggregate Annual Fixed Increase/ % Increase/ Option Deductible Specific Premium (Decrease) (Decrease) Deductible from Current Current $300,000 $148,750 1 $497,193 N/A N/A Renewal $300,000 $148,750 $492,914 ($4,279) (.86%) RECOMMENDATION: Staff recommends that the Board approve the agreement for the renewal option with Florida Blue for the County's excess loss/reinsurance policy for plan year 2017/2018 and authorize the Chairman to execute the renewal agreement. ATTACHMENTS: Indian River County Self -Funded Reinsurance Renewal 2017/18 P383 FZW4&- Zai (e, 0V An Independent Licensee of the Blue Goss and Blue'Shield Association Sales Representative: Broker: TPA: Provider Network(s): Utilization Review Vendor(s): George Eppl Lockton Companies LLC Florida Blue Florida Blue Florida Blue STOP LOSS PROPOSAL FOR Indian River County Board of County Comm Specific Deductible (per Covered Individual) $300,000 $300,000 Policy Year Maximum Specific Benefit Inforce Unlimited Lifetime Maximum Specific Benefit Inforce Unlimited Covered Benefits Med, Rx Card Med, Rx Card Specific Premium Composite Rate 1,621 Total Lives 1,621 f $24.00 ` $23.87 Estimated Contract Specific Premium $466,848 $464,319 Contract Aggregating Specific Loss Fund $148,750 $148,750 Contract Basis 36/12 48/12 Commission 10.00% 0.00% Covered Benefits Aggregate Factors . Composite Med & Rx Card Factor 1,621 , $1,082.25 $1,082.41 Estimated Contract Attachment Point 1,621 [ $21,051,927 $21,055,039 j Estimated Contract Minimum Attachment Point (100%) I $21,051,927 $21,055,039 j Aggregate Corridor Contract Basis 125% 36/12 125% 48/12 Aggregate Premium Composite Rate 1,621 4 $1.56 $1.47 Estimated Contract Aggregate Premium 1,621 $30,345 $28,594 Commission 10.00% 0.00% Effective Date: 10/01/2017 Through Date: 09/30/2018 Total Combined Estimated Contract Premium $497,193 $492,914 Note: This proposal is not complete unless accompanied by the proposal notes and the basis of offer noted on the following pages. Individual Special Requirements: Underwriter: REB (September 1, 2017) 10533093820-2017-531476-3-4 Page 1 of 4 P384 An Independent Licensee of the Blue Gross and Blue Shield Association PROPOSAL NOTES STOP LOSS PROPOSAL FOR Indian River County Board of County Comm • The rates and factors in this proposal are firm. Please provide a signed proposal. • Large claim data must be submitted for any claims that are at or have the likelihood to exceed 50% of the group specific deductible. Large claim data must include: age, sex, diagnosis, prognosis, treatment plan, case management notes (if applicable), Pre -Cert and paid/pended claims. • The specific rates in this proposal are based on an aggregating specific arrangement. Total Specific Liability includes estimated contract specific premium and the aggregating specific fund. . Human Organ Transplant benefits are payable in accordance with the underlying plan and are subject to the proposed Lifetime Maximum Specific Benefit offered within this proposal. PROPOSAL ACCEPTANCE Leave of Absence (LOA) Policy for eligible employees is: Days or Weeks or Other and it is to be applied once per plan year per member and only after FMLA allowance is exhausted. Leave Of Absence allowance need not be used in consecutive days, but total time not actively at work during the plan year as a whole must not exceed the above outlined allowance plus the 90 day FMLA allowance. In the absence of Leave of Absence language in the group plan document, the above will be considered as the LOA policy as it relates to Stop Loss Eligibility and continuation of coverage only. Any subsequent changes must be approved by Florida Blue at least 30 days in advance of the effective date of the change. Failure to notify Florida Blue of your company's policy changes for Leave of Absence may result in a possible Stop Loss claim denial. Upon exhaustion of LOA benefits as described above, to continue Stop Loss eligibility members must be offered COBRA as outlined in the "Continuation of Coverage Under Cobra" section in your Group Benefit Book. All other eligibility requirements beyond the LOA allowance described here are outlined in the Group Benefit Book and apply to the Stop Loss in their entirety. Please acknowledge acceptance of the terms in this proposal by signing and returning by 09/11/2017 (no signed proposal will be accepted after the effective date). Please also indicate which option is chosen and whether Aggregate is to be included, by checking the appropriate boxes on the previous page. Failure to remit the signed agreement within the same period will result in updated large claim disclosure (and claims) being required for our review. All payments after the effective date of this policy, found on the previous page, must use the rates selected. Any deviation from the rates specified could result in an underpayment leading to a possible policy cancellation. Signature: Accepted on the day of , 20 Title: Underwriter: REB (September 1, 2017) 10533093820-2017-531476-3-4 Page 2 of 4 P385 Flare& Flue •: An independent Licensee ofthe STOP LOSS PROPOSAL FOR Blue Cross and ,Blue'Shield Association Indian River County Board of County Comm initials: date: BASIS OF OFFER Assumptions • Aggregate coverage is only available when purchased with Specific coverage. • This proposal is subject to revision if there is a change in effective or renewal dates, or a change in the plan of benefits. • This proposal is based on the utilization of the Provider Network(s) and the Utilization Review Vendor(s) listed on this proposal. • This proposal assumes a minimum participation level of 75% applies for all eligible enrollees under a contributory plan, and 100% under a non- contributory plan. • This proposal assumes the plan of benefits includes a pre -certification, utilization review and large case management program. • This proposal is based on a description of the employee benefit plan(s) provided and approved by HMIG, employee and dependent census data, submission of any requested claim information, plus any other information relevant to the underwriting risk. If any of the information was incorrect or changes the risk involved, the rates and factors will be modified, and the specific and aggregate claims will be adjusted accordingly. • Surcharges (including the bad debt and charity surcharge portion of the New York Reform Act applicable to services are rendered in New York State), pool charges, and/or covered lives assessments may be covered under the stop loss policy if such charges are considered a claim cost. HM is not responsible for the filing, and/or payment of any assessment for which HM is not directly liable including but not limited to the New Hampshire Vaccine Assessment as modified by NH HB 664. • All standard Policy provisions apply. The laws of the state where the policy is issued will apply. Certain exclusions and limitations may apply. • Retirees are included in the stop loss coverage. • This proposal will expire on the proposed effective date. • The dollar value of the minimum attachment point shown above is representative. The actual value of the minimum attachment point will be calculated according to the terms of the stop loss policy. • Unless otherwise limited or excluded by the stop loss policy or under the Individual Special Requirements, eligible claim expenses under the stop loss policy will follow the covered underlying plan, up to the proposed Specific Benefit Maximum. • The Agent is properly licensed and appointed by HMIG. • The initial rates are guaranteed for the proposed policy period unless otherwise noted. • There are not more than 15% COBRA participants. Qualifications • Any stop loss insurance requested and requested effective date of that coverage must be approved by us under our current rules and practices. • Both the premium rates and the aggregate factors are subject to change should the number of employees change by 10% or more, either in total and/or by single/family mix. • If the descriptions of the benefits or plan provisions differ from what was initially utilized to underwrite the risk, an updated Plan Document or other acceptable plan description is required within 30 days of the proposed effective date, and the premium rates and aggregate factors may be subject to re -rating, retro -active to the effective date. • Quote assumes the Plan Document will include traditional industry provisions and definitions including, but not limited to the following: eligibility, HIPAA, termination provisions, extension for leave of absence or disability, FMLA, subrogation, transplants, COB, exclusions for job related injuries, experimental and cosmetic treatment, usual and customary charges, war, not medically necessary, traveling outside of the U.S. solely for the purpose of receiving medical care. In the event that a Plan Document is not available within 30 days from the proposed effective date, we reserve the right to issue the Policy assuming standard exclusions will apply. • HIPAA Privacy rules permit the release of Protected Health Information (PHI) for the purpose of evaluating and accepting risk associated with the Plan Sponsor as part of "Health care operations". HMIG will use this information solely for the purpose of evaluating and accepting the risk and will not disclose any PHI collected except to perform this risk evaluation. Coverage is underwritten by Florida Blue, Jacksonville, FL and is administered by HM Life Insurance Company, Pittsburgh, PA. HM Life Insurance Company is an independent company providing only administrative services. Underwriter: REB (September 1, 2017) 10533093820-2017-531476-3-4 Page 3 of 4 P386 1��r�%� Z��lue �•�:CO. An Independent Licensee of the Blue Cross and Blue'Shield Association STOP LOSS PROPOSAL FOR Indian River County Board of County Comm The rates and factors in this proposal are based on the disclosure of all individuals considered a special enrollee due to having previously satisfied the plan's lifetime maximum. Written acceptance by HM must be acknowledged before terms of coverage for such individuals are included under HM's stop loss policy. Any stop loss policy issued by us may be rescinded or re -underwritten if any information requested in connection with this proposal was intentionally concealed or misrepresented by or on behalf of the Applicant and/or the Applicant's Agent, or if the Applicant and/or the Applicant's Agent commits fraud. As used above: An "Agent" is the Applicant's representative, including but not limited to, the agent, producer or broker of record, or Claims Administrator. The "Applicant" is the entity, or that entity's authorized representative, that has contracted with us to provide stop loss coverage. A "Claims Administrator" is a third party administrator (TPA) designated by the Applicant and approved by us. "Claim Information" consists of Complete Details of the data requested by us in connection with this proposal following a Diligent Review; such information includes but is not limited to Know or potential catastrophic claims, large claims and/or shock losses. "Complete Details" includes the name, social security number (or unique identifier), date of birth, diagnosis, prognosis (unless prognosis cannot be obtained due to reasons beyond your or your Claims Administrator's control) of the plan's participants and the name of the provider providing treatment to any such participant covered by or eligible for coverage. A "Diligent Review" consists of a complete review by you, and/or your Claims Administrator and/or your Agent prior to the date Known or potential catastrophic claims, large claims and/or shock losses are requested by us in connection with this proposal. "Disclosure" consists of Complete Details and any other documentation requested by us in connection with this proposal following a Diligent Review including but not limited to census information and Claim Information. We consider information in connection with this proposal "Known" if, prior to the date or dates we request such information (including but not limited to Disclosure and Claim Information) a reasonable person can assume that you, and/or your Claims Administrator and/or your Agent had knowledge of any information that affects or may affect the administration or underwriting of any coverage issued following acceptance of coverage by us. Coverage is underwritten by Florida Blue, Jacksonville, FL and is administered by HM Life Insurance Company, Pittsburgh, PA. HM Life Insurance Company is an independent company providing only administrative services. Underwriter: REB (September 1, 2017) 10533093820-2017-531476-3-4 Page 4 of 4 P387 Indian River County Board of County Commissioners General Services Department 1800 27'x' Street, Vero Beach, Florida 32960 Telephone: 772-226-1223 Fax: 772-589-6119 MEMORANDUM Date: September 6, 2017 To: The Honorable Board of County Commission Thru: Michael C. Zito, Assistant County Administrator/ General Services Director From: Anne Shepherd, Library Director Subject: Request for Approval of Library System's Plan of Service 2017/2018 DESCRIPTION The Library System's Plan of Service is required by the State Library of Florida for the Library Grant Request. It is updated annually and due by October 1, 2017. It sets the plan for the Library System to move forward in the next year. The Indian River County Library System serves all citizens with materials, programs, computer use and training and recreational programs and materials. The Plan of Service sets broad direction for the next year and assists us with program planning. FUNDING SOURCE No funding is required on this action RECOMMENDATIONS: Staff recommends Board of County Commission approve the Library System's Plan of Service for FY2017-2018. ATTACHMENTS: Indian River County Library System Annual Plan of Service FY 2017/2018 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@281E8014\@BCL@281E8014.doc P388 Indian River County Library System Annual Plan of Service FY 2017/2018 September 10, 2017 Included in the budget is our required format for our current year's "Goals and Objectives." Since the "Goals and Objectives" are part of our budgets, they are approved by the Indian River County Board of County Commissioners. Minutes from that meeting will be sent separately. The Gifford Youth Achievement Center Library's budget is included with the Main Library budget and is also approved. GOALS: • Provide quality library services (including online resources and Internet access) to all county residents • Provide comprehensive collections to support the three major roles of the library • Provide basic collections to support the three secondary roles of the library • Provide qualified staff to serve the public with their informational needs • Provide technology training for the public (including e - resources, virtual reality, 3-d printing, and any other technological advances) • Provide recreational, educational, informational, and cultural programming for all ages OBJECTIVES: Purchase informational, educational, cultural, and recreational materials, which present all sides of issues in all available formats for all age groups, including online P389 ■ Provide free and equal access to these materials for all age groups, including E -resources ■ Continue staff training and workshops to stay informed ■ Continue training for the public ■ Stay abreast of new technologies, including 3-D printers, virtual reality, and provide public instruction of use ■ Maintain qualified instructors for programming for all ages ROLES OF THE INDIAN RIVER COUNTY LIBRARY SYSTEM The Indian River County Main Library serves the community primarily as a "reference center," "independent learning center," and a "popular materials library." Secondary roles are the "pre-schooler's door to learning," "the formal education support center," and the "community activities/information center." The major resource strengths of the Main Library are the Florida history & genealogy resources, online resources, business, and literature resources. Programming for all ages is a top priority. Digitization of the Press Journal archives is an on-going project. The North Indian River County Library serves its community primarily as "the popular materials library" and the "pre-schooler's door to learning." Secondary roles are the "independent learning center" and the "community activities/information center." Programming for all ages is a top priority. The Indian River County Law Library serves as a "reference center" and the "independent learning center." The roles are specific to legal resources. The Law Library is now located in the reference Department of the Main Library. FastCase and other legal resources are available to the public and library staff is also available for assistance. The Gifford Youth Achievement Center Library serves as the "pre- schooler's door to learning" and "independent learning center." The Center P390 as a whole, serves as the "community activities/information center." The library is geared for children of all ages. The Brackett Library serves as a "formal education center," "popular materials library,". and "pre-schooler's door to learning." P391 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director Richard B. Szpyrka, P.E.; Public Works Director FROM: Phil Matson, AICP; MPO Staff Director DATE: September 5, 2017 SUBJECT: Request for Authorization for Chairman to execute Three (3) Resolutions in Support of FDOT to Manage, Construct, and Deliver a Four -Lane Roadway on CR 510, CR 512—US 1 It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 19, 2017. DESCRIPTION & CONDITIONS Recently, the Florida Department of Transportation (FDOT) made a change to its procedures for constructing projects within local jurisdictions. That change is to require the execution of a Resolution of Support for each project by the appropriate local government early in the project development process. Since FDOT has begun preliminary design and engineering work on a number of MPO Priority Projects on County roadways, FDOT is now requesting that the Board of County Commissioners adopt a Resolution of Support for each project. Recently, the MPO identified the widening of CR 510 as its highest roadway priority. In response, FDOT has undertaken a number of preliminary phases of the project, including Project Development and Engineering (PD&E) and Design. In order to proceed, FDOT seeks a restatement of County commitment to the project by way of the attached resolutions. For administrative and funding purposes, FDOT has broken the project into three separate segments. Therefore, three resolutions are requested at this time. Those Resolutions support CR 510 widening from CR 512 to 82nd Avenue (Attachment 1); from 82nd Avenue to 58th Avenue (Attachment 2); and from 58th Avenue to US 1 (Attachment 3). The resolutions have been reviewed by the Community Development Department, Public Works Department, and the County Attorney's Office and found acceptable. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@281EF61D\@BCL@281EF61D.docx P392 RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the Chairman to execute the attached Resolutions of Support for the Florida Department of Transportation to manage, construct, and deliver a four -lane roadway on CR 510, from CR512 — 82nd Avenue, 82nd Avenue — 58th Avenue, and 58th Avenue —US 1. FUNDING No County funding is required. ATTACHMENTS Resolution of Support for CR 510, CR512 to 82nd Avenue 2. Resolution of Support for CR 510, 82nd Avenue to 58th Avenue 3. Resolution of Support for CR 510, 58th Avenue to US C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@281EF61D\@BCL@281EF61D.docx P393 RESOLUTION NO. 2017 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE PROPER COUNTY OFFICIALS TO ADOPT A RESOLUTION IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION TO MANAGE, CONSTRUCT, AND DELIVER A FOUR LANE DIVIDED ROADWAY AND RELATED IMPROVEMENTS TO CR510 FROM CR512 TO 82nd AVENUE IN ACCORDANCE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM BULLETIN 15-03 IN COMPLIANCE WITH THE POLICY FOR PROJECTS NOT ON A ROADWAY WITHIN THE STATE HIGHWAY SYSTEM WITHIN THE LOCAL AGENCY'S RIGHT-OF-WAY/LOCAL JURISDICTION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, FDOT is authorized by Florida Statutes and Federal funding provisions to undertake projects within the geographical limits of Indian River County; and WHEREAS, those improvements are being managed by the FDOT more particularly described as Financial Project No. 405606-4 CR510 from CR512 to 82nd Avenue, which involves the design, acquisition of rights-of-way, construction of a four - lane divided roadway, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements; and WHEREAS, the County is in support of the improvements to CR510 providing a four -lane divided roadway from east of US 1 to CR512; and WHEREAS, a resolution to endorse FDOT's delivery of said Project within the local agency's right of way/local jurisdiction is required. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. That the Board of County Commissioners of Indian River County, Florida hereby supports the Florida Department of Transportation to manage, construct and deliver, Financial Project No. 405606-4 CR510 from CR512 to 82nd Avenue, which involves the acquisition of rights-of-way, construction of a four -lane divided roadway, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements. 2. The County Attorney shall review and approve as to form and legal sufficiency all documents prior to their execution by the proper County officials. 3. This Resolution shall be in full force and effect upon final passage. P394 RESOLUTION NO. 2017 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams, Commissioner Tim Zorc, Commissioner Bob Solari, Commissioner The Chairman thereupon declared the resolution duly passe_ d and adopted this day of , 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney Joseph E. Flescher, Chairman P395 RESOLUTION NO. 2017 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE PROPER COUNTY OFFICIALS TO ADOPT A RESOLUTION IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION TO MANAGE, CONSTRUCT, AND DELIVER A FOUR LANE DIVIDED ROADWAY AND RELATED IMPROVEMENTS TO CR510 FROM 82ND AVENUE TO 58TH AVENUE IN ACCORDANCE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM BULLETIN 15-03 IN COMPLIANCE WITH THE POLICY FOR PROJECTS NOT ON A ROADWAY WITHIN THE STATE HIGHWAY SYSTEM WITHIN THE LOCAL AGENCY'S RIGHT-OF-WAY/LOCAL JURISDICTION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, FDOT is authorized by Florida Statutes and Federal funding provisions to undertake projects within the geographical limits of Indian River County; and WHEREAS, those improvements are being managed by the FDOT more particularly described as Financial Project No. 405606-3 CR510 from 82nd Avenue to 58th Avenue, which involves the design, acquisition of rights-of-way, construction of a four - lane divided roadway, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements; and WHEREAS, the County is in support of the improvements to CR510 providing a four -lane divided roadway from east of US 1 to CR512; and WHEREAS, a resolution to endorse FDOT's delivery of said Project within the local agency's right of wayhocal jurisdiction is required. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. That the Board of County Commissioners of Indian River County, Florida hereby supports the Florida Department of Transportation to manage, construct and deliver, Financial Project No. 405606-3 CR510 from 82nd Avenue to 58th Avenue, which involves the acquisition of rights-of-way, construction of a four -lane divided roadway, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements. 2. The County Attorney shall review and approve as to form and legal sufficiency all documents prior to their execution by the proper County officials. 3. This Resolution shall be in full force and effect upon final passage P396 RESOLUTION NO. 2017 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams, Commissioner Tim Zorc, Commissioner Bob Solari, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney Joseph E. Flescher, Chairman P397 RESOLUTION NO. 2017 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE PROPER COUNTY OFFICIALS TO ADOPT A RESOLUTION IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION TO MANAGE, CONSTRUCT, AND DELIVER A FOUR LANE DIVIDED ROADWAY AND RELATED IMPROVEMENTS TO CR510 FROM 58th AVENUE TO US 1 IN ACCORDANCE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM BULLETIN 15-03 IN COMPLIANCE WITH THE POLICY FOR PROJECTS NOT ON A ROADWAY WITHIN THE STATE HIGHWAY SYSTEM WITHIN THE LOCAL AGENCY'S RIGHT-OF-WAY/LOCAL JURISDICTION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, FDOT is authorized by Florida Statutes and Federal funding provisions to undertake projects within the geographical limits of Indian River County; and WHEREAS, those improvements are being managed by the FDOT more particularly described as CR510 from 58th Avenue to US 1, which involves the design, acquisition of rights-of-way, construction of a four -lane divided roadway, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements; and WHEREAS, the County is in support of the improvements to CR510 providing a four -lane divided roadway from east of US 1 to CR512; and WHEREAS, a resolution to endorse FDOT's delivery of said Project within the local agency's right of way/local jurisdiction is required. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. That the Board of County Commissioners of Indian River County, Florida hereby supports the Florida Department of Transportation to manage, construct and deliver, CR510 from 58th Avenue to US 1, which involves the acquisition of rights-of-way, construction of a four -lane divided roadway, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements. 2. The County Attorney shall review and approve as to form and legal sufficiency all documents prior to their execution by the proper County officials. 3. This Resolution shall be in full force and effect upon final passage. P398 RESOLUTION NO. 2017 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams, Commissioner Tim Zorc, Commissioner Bob Solari, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of , 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney Joseph E. Flescher, Chairman P399 g.A.C. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director Richard B. Szpyrka, P.E.; Public Works Director FROM: Phil Matson, AICP; MPO Staff Director DATE: September 1, 2017 SUBJECT: Request for Authorization for Chairman to execute Two (2) Resolutions in Support of FDOT to Manage, Construct, and Deliver a Two -Lane Roadway on 82nd Avenue, 26th Street — CR 510 It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 19, 2017. DESCRIPTION & CONDITIONS Recently, the Florida Department of Transportation (FDOT) made a change to its procedures for constructing projects within local jurisdictions. That change is to require the execution of a Resolution of Support for each project by the appropriate local government early in the project development process. Since FDOT has begun preliminary design and engineering work on a number of MPO Priority Projects on County roadways, FDOT is now requesting that the Board of County Commissioners adopt a Resolution of Support for each project. The MPO has, in recent years, identified a number of projects, including CR 510, the Oslo Road Interchange, and Oslo Road as higher roadway priorities than 82nd Avenue. Nonetheless, FDOT will proceed with the development of 82nd Avenue as a secondary priority and seeks a restatement of County commitment to the project by way of the attached resolutions. For administrative and funding purposes, FDOT has broken the project into two separate segments. Therefore, two resolutions are requested at this time. One of the two resolutions supports 82nd Avenue from 26th Street to 69th Street (Attachment 1) and the second resolution supports the project from 69th Street to CR 510 (Attachment 2). The resolutions have been reviewed by the Community Development Department, Public Works Department, and the County Attorney's Office and found acceptable. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@281EC822\@BCL@281EC822.docx P400 RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the Chairman to execute the attached Resolutions of Support for the Florida Department of Transportation to manage, construct, and deliver a two-lane roadway on 82"d Avenue, 26th Street — 69th Street and 60 Street — CR 510. FUNDING No County funding is required. ATTACHMENTS Resolution of Support for 82nd Avenue, 26th Street to 69th Street 2. Resolution of Support for 82"d Avenue, 691h Street to CR 510 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@28 I EC822\@BCL@28 I EC822.docx P401 RESOLUTION NO. 2017 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE PROPER COUNTY OFFICIALS TO ADOPT A RESOLUTION IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION TO MANAGE, CONSTRUCT, AND DELIVER A TWO LANE ROADWAY AND RELATED IMPROVEMENTS TO 82ND AVENUE FROM 26th STREET TO 69TH STREET IN ACCORDANCE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM BULLETIN 15-03 IN COMPLIANCE WITH THE POLICY FOR PROJECTS NOT ON A ROADWAY WITHIN THE STATE HIGHWAY SYSTEM WITHIN THE LOCAL AGENCY'S RIGHT-OF-WAY/LOCAL JURISDICTION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, FDOT is authorized by Florida Statutes and Federal funding provisions to undertake projects within the geographical limits of Indian River County; and WHEREAS, those improvements are being managed by the FDOT more particularly described as Financial Project No. 230879-3-52-01 82nd Avenue (also known as CR 609) from 26th Street to 69th Street, which involves the design, acquisition of rights- of-way, construction of a two-lane roadway, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements. WHEREAS, the County is in support of the improvements to 82nd Avenue providing a major roadway connection between Oslo Road and CR510; and WHEREAS, a resolution to endorse FDOT's delivery of said Project within the local agency's right of way/local jurisdiction is required. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. That the Board of County Commissioners of Indian River County, Florida hereby supports the Florida Department of Transportation to manage, construct and deliver, Financial Project No. 230879-3-52-01 82nd Avenue from 26th Street to 69th Street, which involves the acquisition of rights-of-way, construction of a two-lane roadway, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements. 2. The County Attorney shall review and approve as to form and legal sufficiency all documents prior to their execution by the proper County officials. 3. This Resolution shall be in full force and effect upon final passage P402 RESOLUTION NO. 2017 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams, Commissioner Tim Zorc, Commissioner Bob Solari, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of 12017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney Joseph E. Flescher, Chairman P403 RESOLUTION NO. 2017 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE PROPER COUNTY OFFICIALS TO ADOPT A RESOLUTION IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION TO MANAGE, CONSTRUCT, AND DELIVER A TWO LANE ROADWAY AND RELATED IMPROVEMENTS TO 82ND AVENUE FROM 69TH STREET to CR 510 IN ACCORDANCE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM BULLETIN 15-03 IN COMPLIANCE WITH THE POLICY FOR PROJECTS NOT ON A ROADWAY WITHIN THE STATE HIGHWAY SYSTEM WITHIN THE LOCAL AGENCY'S RIGHT-OF-WAY/LOCAL JURISDICTION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, FDOT is authorized by Florida Statutes and Federal funding provisions to undertake projects within the geographical limits of Indian River County; and WHEREAS, those improvements are being managed by the FDOT more particularly described as Financial Project No. 230879-2-52-01 82nd Avenue (also known as CR609) from 69th Street to CR 510, which involves the design, acquisition of rights-of- way, construction of a two-lane roadway, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements; and WHEREAS, the County is in support of the improvements to 82nd Avenue providing a major roadway connection between Oslo Road and CR510; and WHEREAS, a resolution to endorse FDOT's delivery of said Project within the local agency's right of way/local jurisdiction is required. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. That the Board of County Commissioners of Indian River County, Florida hereby supports the Florida Department of Transportation to manage, construct and deliver, Financial Project No. 230879-2-52-01 82nd Avenue/CR609 from 69th Street to CR510, which involves the acquisition of rights-of-way, construction of a two-lane roadway, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements. 2. The County Attorney shall review and approve as to form and legal sufficiency all documents prior to their execution by the proper County officials. 3. This Resolution shall be in full force and effect upon final passage P404 RESOLUTION NO. 2017 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams, Commissioner Tim Zorc, Commissioner Bob Solari, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency:. By: William K. DeBraal Deputy County Attorney Joseph E. Flescher, Chairman am I � E` INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Work Order No. 7, MBV Engineering, Inc. Indian River North County Offices - Renovation Design 1919-1931 US Highway 1 Sebastian, FL 32958 DATE: September 10, 2017 DESCRIPTION AND CONDITIONS On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with MBV Engineering, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract. The purpose of Work Order No. 7 is for design and permitting services to renovate 7,200 square feet of existing retail space in the recently purchased Sebastian Corners Retail Center. Work Order No. 7 also includes site work and exterior repairs/renovations. Work Order No. 7 is for a total lump sum amount of $73,950.00. On July 18, 2017, the Board approved the purchase of Sebastian Corners Retail Center located at 1919- 1931 US Highway 1 Sebastian, FL 32958, for the relocation of the Tax Collector, Property Appraiser, Clerk of Courts, Utilities Department, and Veterans Services. The purchase of the property is now complete. Currently, there are four tenants in the building, Mattress Firm, AT&T retail, Sally's Beauty Salon, and a Cuban Restaurant, along with a vacant 1,200 square foot space. Dollar Tree has moved to their recently completed standalone store, vacating 6,000 square feet of space that requires renovation in order to be utilized by the Tax Collector & Property Appraiser. The vacant 1,200 square feet of space will be renovated for use by the Clerk of Courts, Utilities Department, and Veterans Services. Indian River County currently rents a total of 6,462 square feet of office space in Sebastian Square (North County Offices) for the above offices at an annual cost of $100,160. The County has been renting office space at this location since 1991. The current leases will expire September 30, 2018. FUNDING Funding for Work Order No. 7 is available in Optional Sales Tax/Facilities Mgmt/North County Offices Expansion, Acct # 31522019-066510-17018 for $73,950.00. RECOMMENDATION Staff recommends approval of Work Order No. 7 to MBV Engineering, Inc. authorizing the above- mentioned professional services as outlined in the attached Scope of Services and requests the Board to authorize the Chairman to execute the attached Work Order No. 7 on their behalf for a total lump sum amount of $73,950.00. P406 Page 2 Work Order No. 7, MBV Engineering, Inc. BCC Agenda Item for September 19, 2017 ATTACHMENTS Work Order No. 07 MBV Engineering Inc. APPROVED AGENDA ITEM FOR September 19, 2017 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@E40D66DE\@BCL@E40D66DE.doc P407 WORK ORDER NUMBER #7 Sebastian Corners Building Renovations IRC Proiect No. 1744 This Work Order Number 7 is entered into as of this _ day of , 2017, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011 , and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of the 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). SCOPE OF WORK It is our understanding that Indian River County intends to purchase and renovate the existing Sebastian Corners retail center in Sebastian, Florida. The scope of the project for the purposes of this proposal are as follows: Renovate 7200 SF of existing retail tenant spaces in two existing suites. Renovate the tenant spaces to accommodate the north county offices for the Tax Collector, DMV, Concealed Weapons, Property Appraiser, Utilities, and Veterans' Affairs. The work will be tenant finish, including demolition of the existing ceiling in the 6000 SF space, new rooftop units and curbing for HVAC and all new exposed ductwork & electrical in the open area of the space. The rear third of the larger suite will include primarily enclosed spaces and other employee -only functions. Security, access control, camera surveillance, and IT requirements are a significant and crucial component of the design. Scope includes custom millwork for license plate display and reception, and systems furniture by the County's vendor for workstations behind low walls with built-in counters. Program also includes private offices, breakroom with kitchen, public and private men's and women's toilets, IT room, dealer room for plating, and secured space for safes, plate storage and the CWP application process. Public art will be incorporated if the budget allows, such as a mural enlargement of the sea turtle license plate image on the upper wall area. The existing storefront system will be modified to include another entrance. The secured, staff -only entrance at the rear of the large suite will be reconfigured to allow for forklift delivery of palleted items. The small suite ceiling, entrance, and single toilet will remain. The tenant finish will be designed to suit the requirements of the departments slated for that area. In addition to the building improvements and renovations, the project will analyze the existing site infrastructure such as: stormwater system, fencing around pond, and lighting. It is understood that new lighting is anticipated in the rear of lot of the building and that a fiber optic line will be installed to the building form the US#1 ROW. MBV Engineering, Inc. will provide the project oversight, architectural, mechanical, electrical, plumbing, structural design, permitting (as required), bidding service and construction administration related to the above activities. P408 1. Architectural Design Services a. The Consulting Architect will design and document interior tenant improvements, as well as staff and public entrances at the perimeter of the tenant spaces, per the program information provided by the County. The Consultant will work in conjunction with the design team to coordinate civil, structural, MEP, cost estimating, and architectural components of the proposed improvements. b. County Reviews The Consultant will attend four (4) progress review meetings with the COUNTY Engineering Department representative at approximately 30, 60, 90 and 100 percent levels of design completion. A single set of review comments shall be provided to Consultant from COUNTY Engineering Division staff prior to each review meeting. C. Specifications The Consultant will prepare full technical specifications for the proposed improvements. The County will provide in an electronic format the Front End specifications for the Consultant's use in assembling the project's Specifications Book. d. Permit Coordination and Bid Services The Consultant will provide permit coordination responses and bidding services as noted in those sections of this proposal, below. The Consultant will attend the Pre - Bid Conference and deliver addenda if required. 2. Structural Design Services a. The Structural Consultant will design and document structural framing, and connections for the proposed improvements regarding the roof top mechanical units, and any exterior opening revisions. This includes one meeting for Design Development coordination. b. The Consultant will provide electronic format documents for cost estimating purposes at 30%, 60%, and 90% completion, as well as deliverables as noted below. C. The Consultant will prepare technical specifications for the structural portion of the proposed improvements. d. The Consultant will provide permit coordination responses and bidding services as noted in those sections of this proposal, below. The Project Manager will attend the Pre -Bid Conference and deliver addenda if required. e. Construction Administration structural services shall include shop drawing and submittal review, as well as RFI responses per the language in that section of this proposal. Site visits and construction meetings may be provided as an additional service. P409 3. Mechanical. Electrical and Plumbing (MEP) Design Services a. The MEP Consultant will design and document Mechanical, Electrical, and Plumbing systems and equipment for the proposed improvements. This includes one meeting for Design Development coordination, with Project Manager in person and Mechanical Engineer via teleconference. b. The Consultant will provide electronic format documents for cost estimating purposes at 30%, 60%, and 90% completion, as well as deliverables as noted below. C. The Consultant will prepare technical specifications for the MEP portion of the proposed improvements. d. The Consultant will provide permit coordination responses, technical specifications and bidding services as noted in those sections of this proposal, below. The Project Manager will attend the Pre -Bid Conference and deliver addenda if required. e. Construction Administration MEP services shall include shop drawing and submittal review, as well as RFI responses per the language in that section of this proposal. Site visits and construction meetings may be provided as an additional service. 4. Civil Design and Oversight a. Consultant will provide design services, coordination and recommendations as required for modifications to the Site's exterior including: • Existing stormwater perimeter fencing analysis and recommendations • Exterior lighting additions in the rear of the facility • Evaluation of existing stormwater system and recommendations • Development of fiber optic routing plan for connection of fiber optic services to the building from US #1 ROW • Development of plans as required to reflect mitigation recommendations for the above items • Coordination with permit agencies as required for mitigation plans and approvals for the above items • Provide overall project oversight throughout project timeline 5. Construction Cost Estimating a. Consultant will provide construction cost estimating for the project at the following milestones, with related fees as indicated below in the Fee Schedule: • Conceptual cost estimate • 30% design completion estimate • 60% design completion estimate • 90% design completion estimate P410 6. Permit Coordination The Consultant will coordinate and assist the COUNTY with the following agencies: • City of Sebastian Building Department • City of Sebastian Planning Department • Indian River County Fire Department • Indian river County Utilities Department • Florida Department of Environmental Health The Consultant shall submit plans to the above referenced agencies and respond to up to two (2) requests for additional information by the aforementioned permitting agency. The Consultant will not be responsible for any permit fees. 7. Bidding Services: The COUNTY shall be responsible for setting the bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The Consultant will prepare a .pdf of Construction documents for the COUNTY's use in distribution to prospective bidders via Demandstar. 8. Construction Administration The Consultant will coordinate and assist the COUNTY during the construction phase of the project and provide the following: a. Architectural Construction Administration services shall include shop drawing and submittal review, as well as RFI responses per the language in that section of this proposal. Site visits / construction meetings are limited to the following: • Four (4) site visits/construction meetings during the construction phase, at 1. Completion of Demolition 2. Completion of framing/ prior to electrical 3. Completion of drywall, doors, and lighting installation 4. In -progress flooring, millwork, and finishes • Two (2) site visits for substantial completion and punch list development • One (1) site visit for final completion • Four (4) On-site meetings at County's request b. Three (3) Construction Inspections for exterior site improvements associated with Task 4. C. Review of Contractor Pay Request Applications. P411 DELIVERABLES The Consultant shall provide the COUNTY with the following: • Four (4) hard copy (24" x 36") of the bid documents Final Drawings, signed & sealed • Four (4) hard copy (11" x 17") of the bid documents Final Drawings, signed & sealed • One (1) signed & sealed .pdf and .dwg copy of the drawings and bid documents • Technical responses for two (2) addenda, as required for clarifying responses from the pre-bid meeting • Bid award recommendation letter SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Permit -ready Design Plans 60 days from NTP • Addressing of Permit Agency Comments 30 days from receipt of comments FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: Task Fee Task 1—Architectural Design Services $ 24,000 Task 2 — Structural Design Services $ 4,000 Task 3 — MEP Design Services $ 11,700 Task 4 — Civil Design & Oversight $ 14,500 Task 5 — Construction Cost Estimating $ 3,350 Task 6 — Permit Coordination $ 5,500 Task 7 — Bidding Services $ 2,700 Task 8 — Construction Administration $ 8,200 Work Authorization Total $ 73,950 Should the scope of the project change substantially at any phase; the fee will be altered accordingly, based upon Owner approval. Such work will be billed at the hourly rates specified below, for the time involved. No additional work will be initiated without Owner authorization. P412 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: MBV Engineering, Inc. By: Aaron Bowles, P.E. Title: Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman BCC Approved Date: 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: Dylan T. Reingold, County Attorney P413 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: James D. Gray, Jr. Coastal Engineer SUBJECT: Post Hurricane Irma Beach Profile Surveys — Contract No. 1605; Work Order No. 4- Morgan and Eklund, Inc. DATE: September 12, 2017 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board approved a contract with Morgan & Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year term. The Board amended the contract on October 18, 2016. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. The proposed Work Order No. 4 provides post Hurricane Irma beach profile surveys (Onshore/Offshore) that are necessary to quantify the dune/beach erosion impacts to our County. The results of the survey will also be offered to the Florida Department of Environmental Projection and Federal agencies as documentation of losses if beach recovery funding becomes available. Additionally, the survey will provide staff documentation in order to separate Hurricane Matthew (October 2016) beach damages from Hurricane Irma beach damages as required by FEMA. Work Order No. 4 totals $55,000. FUNDING A budget amendment will be required for the funding of this expenditure. Funding for this expenditure will be from the Other Contractual Services — Irma, Account # 12814472-033490- 17026. RECOMMENDATION C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ACOD6699\@BCL@ACOD6699.docx P414 Page 2 Consent Agenda Item for September 19, 2017 Post Hurricane Irma — Beach Profile Surveys The recommendation of staff is for the Board to approve the following a) budget amendment of $55,000 and b) Work Order No. 4 to the Professional Land Surveying and Mapping Services contract No. 1605 with Morgan and Eklund, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENTS Morgan and Eklund, Inc. Work Order No. 4 (1 original copy) APPROVED AGENDA ITEM FOR: September 19, 2017 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ACOD6699\@BCL@ACOD6699.docx P415 s Board o, f County Commissioners Administration - Building A 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Countywide Beach Profile Monitoring Surveys — Post Hurricane Irma WORK ORDER NO. 4 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with Contract No. 1605 2016-2018 This Work Order No. 4 is in accordance with the existing AGREEMENT dated October 4, 2016 and as amended October 18, 2016, between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); This Work Order No. 4 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 4 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the Post Hurricane Irma Beach Profile Monitoring Surveys; Florida Department of Environmental Protection Reference Monuments R-20 — R-119. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 4; specifically detailed in the attached proposal Exhibit A. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". F:\Public Works\lamesG\Hurricane Irma\Agenda Items\Post Irma Beach Surveys\Post Hurricane Irma Countywide Beach Profile Monitoring Surveys -- w04 signature page.docx P416 IRC Work Order No. 4 Morgan and Eklund, Inc Post Hurricane Irma Countywide Beach Profile Monitoring Surveys September 19, 2017 Page 2 of 3 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, one (1) paper "hardcopy" signed and sealed sets. Sheeted and model space (as applicable) AutoCad drawing file in release 2009 through Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets. d. Work Product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third -party surveyor to independently recreate andior utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections 11, 111 and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections 1, 11, and III of this Work Order No. 4, for a total lump sum fee of $55,000. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 1, 2016 through September 30, 2018. All invoicing shall include Work Order No. 4 (WO 4), Contract Number (1605). Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 1605 with the COUNTY and as stated in Section 11, 111 and IV hereon. F:\Public Works\JamesG\Hurricane Irma\Agenda ltems\Post Irma Beach Surveys\Post Hurricane Irma Countywide Beach Profile Monitoring Surveys -- W04 Signature page.docx P417 IRC Work Order No. 4 Morgan and Eklund, Inc Post Hurricane Irma Countywide Beach Profile Monitoring Surveys September 19, 2017 Page 3 of 3 The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this i" day of 2017. OWNER Morgan and Eklund, Inc. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) Joseph E. Flescher, Chairman Approved by BCC, ATTEST: Jeffrey R. Smith, Comptroller (Seal) Deputy Clerk Approved: <1 - (Printed name and title) Clerk of Court and Witnessed by: Jason E, Brown, COUNTY Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy COUNTY Attorney (Signature) F:\Public Works\JamesG\Hurricane Irma\Agenda Items\Post Irma Beach Surveys\Post Hurricane.lrma Countywide Beach Profile Monitoring Surveys -- W04 signature page.docx P418 ITA 9 X, I l�.0k M &E Morgan & Eklund, Inc. 6745 U.S. Highway 1 Phone: 772.368-5384 P.O. Box 701420 Fax: 772-368-3165 Wsbasso, Florida 329701 September 6, 2017 Indian River County Attn: Mr, James Gray, Jr. Coastal Engineer . 1801 27'" Street, Building A Vero Beach, FL 32960 RE: Post Hurricane Irma 201.7 Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-20 to R-119 (100 Lines) Dear James: Morgan & Eklund, Inc. is pleased to provide you with the following proposal to furnish professional land and hydrographic survey services for the above referenced project. Beach profiles will include R-20 through R-119, a total of 100 (one hundred) beach profile lines. All data collected will be in accordance with the FDEP-approved Physical Monitoring Plan. Morgan & Eklund, Inc. will provide the County with beach profile data in ASCII file format together with AutoCAD drawings signed by the suiveyor. The survey will be performed in September 2017 with drawings and reports completed in October 2017. In accordance with the scope of work as provided, I estimate our costs to be as follows: I. Post Hurricane Irma 2017 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey (R-20 to R-60) 41 Onshore/offshore profile lines @ $550/line......................................$ 22,550.00 II. Post Hurricane Irma 2017 Sector 7 Post Construction Monitoring (R-97 to R- 108) 12 Onshore/Offshore profile Iines @ $550/line.....................................$ 6,600.00 III. Post Hurricane Irma 2017 Countywide Beach Monitoring (R-61 to R-96 and R- 109 109 to R-119) 47 onshore/offshore profile lines @ $550/line......................................$ 25,850.00 Total Cost I -III ...................................................$ 55,000.00 As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River County on this project. Indian River Counly 2 ne , Joh . Morgan, I , PL President 9/6/2017 P420 9/20/2017 i 9/20/2017 8�F - 2 i �FR + Y t Y �II i I � y 8�F - 2 t, l fit mpf", •--1-^!'F�n��fXii. A,�.� r`4§. +.�`�. �.: fi1�'�Ilf�tti Rlt l 1 �t 1� � _ r +dry orl `k� 9/20/2017 PRE IRMA POST IRMA Y���.wF'„�y .".l •. "*F''s iy, '`y�y31 • �,y.,:r�A; : ai aR { �{ Y P:. xr �^�1 � a•yT}C 5 __ :` ,i'. � ��-K-,�"-g r - '1 }• "w`sp'��.• a�y.Y• j �,r F,!.�ai5y a: h`�1� �F� N�•s ��� ,5':. v �, 4w PMY" w ,y,`: �.!, °lr � dam'", ,-. Y' S�. �'';y,•,.�i,' a� a.;�`a,Y �';y`N�'.. ,so`.`_:, - � r��. } }rid' , _ t rtes` , n. h �'�`:�h+Y,7)i•�r� `• ."`r ••^3:5�' �,k .�'�" ,FAF-' 4 gl2o/2017 q�F_ 5 Dylan Reingold, County Attorney WiDiam K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney e. A. a F0 Consent Agenda - B. CC 9.19.17 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners ATTORNEY FROM: Dylan Reingold, County Attorney DATE: September 13, 2017 SUBJECT: Interlocal Agreement Between Indian River County and Town of Orchid for Emergency Dune Restoration Due to Named Storms BACKGROUND. On January 17, 2017, the Indian River County Board of County Commissioners ("Board") approved a license agreement with the Town of Orchid (the "Town") authorizing the Town to use the beach access point at Golden Sands Beach Park ("Park") for the limited purpose of performing dune stabilization ` projects for the nearby residential development. The use of the Park was limited to the period between January 30, 2017 and February 17, 2017. The Town and Indian River County would like to enter into the proposed Interlocal Agreement Between Indian River County and Town of Orchid for Emergency Dune Restoration Due to Named Storms based upon the initial license agreement, which would formalize the process of reimbursement for impacts to the beach/dune system. Per the recommendation of the Federal Emergency Management Agency, under the proposed interlocal agreement, Indian River County will apply for reimbursement for impacts to Indian River County beaches and "Town beaches. Indian River County will then reimburse the Town for any funds received from any federal agencies and the State of Florida relating to the Town restoration work. Additionally, any Town use of the Park will be under similar conditions as those set forth in the license agreement, with dates of any future work being mutually determined by the Town Manager and County Administrator. Finally, Indian River County and the Town will agree to comply with the Indian River County Beach Preservation Plan, dated February 2015, or as subsequently amended. On September 6, the Town Council approved the Interlocal Agreement Between Indian River County and Town of Orchid for Emergency Dune Restoration Due to Named Storms. FUNDING. The cost for recording the Interlocal Agreement Between Indian River County and Town of Orchid for Emergency Dune Restoration Due to Named Storms will be split evenly between the Town and Indian River County. Funding for Indian River County's portion of the expenditure is available from Account No. 00110214-034830 (General Fund/County Attorney/Recording Fees). F1AnornryVJndo1GENERa;BCCIRgend-Ue—IIT—..fOrckdlUfo,Be.h Dula Rla—H adk P421 Board of County Commissioners September 13, 2017 Page Two RECOMMENDATION. The County Attorney's Office recommends that the Board vote to approve the proposed Interlocal Agreement Between Indian River County and Town of Orchid for Emergency Dune Restoration Due to Named Storms. ATTACHMENT(S) Interlocal Agreement Between Indian River County and Town of Orchid for Emergency Dune Restoration Due to Named Storms. F VxmWLdalG&NBULT CCVA-daMm0TM. qfOidddlUfi, Nor* DwRwmfian d= P422 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND TOWN OF ORCHID FOR EMERGENCY DUNE RESTORATION DUE TO NAMED STORMS THIS INTERLOCAL AGREEMENT for EMERGENCY DUNE RESTORATION DUE TO NAMED STORMS ("Agreement") is entered into this day of , 2017 ("Effective Date") by and between -INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") and THE TOWN OF ORCHID, a Florida municipal corporation ("Town"). BACKGROUND RECITALS A. Indian River County, local municipalities, and private property owners maintain beach dune systems along the 22 miles of Indian River County Atlantic Ocean shoreline. As a result of Hurricane Matthew in October 2016, Indian River County received direct impacts to the beach and dune system; and B. The County will be seeking reimbursement from the federal government and the State of Florida for impacts from Hurricane Matthew on the beach dune system; and C. In order to streamline the reimbursement for impacts to the beach dune system, County will be applying for reimbursement for both impacts to County beaches and Town beaches; and D. As part of seeking such reimbursement, County will reimburse Town for any funds received from any federal agencies and the State of Florida relating to Town restoration work; and E. The County and Town wish to cooperate in a similar manner for emergency dune restoration due to future named storms; and F. In response to future storms, County and Town wish to establish a process by which the Town can utilize Golden Sands Beach Park for beach dune restoration efforts; and G. The County and the Town wish to enter into this Interlocal Agreement in order to formalize the process for reimbursement of federal and State of Florida funds and use of Golden Sands Beach Park for potential future emergency dune restoration efforts. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound, the County and the Town agree as follows: 1. The background recitals are true and correct and form a material part of this Agreement. P423 2. County and the Town will cooperate on seeking reimbursement from federal agencies and the State of Florida for work performed by the Town, its affiliates, agents, representatives and contractors (collectively "Licensee") for emergency dune restoration due to named storms. The County will serve as the applicant for such reimbursement. The Town will be required to provide the local match for any local match required for reimbursement. 3. County hereby authorizes Licensee to use the established beach access point at Golden Sands Beach Park ("Park") for the limited purpose of delivering beach material and locating certain heavy equipment onto the beach to perform emergency beach dune restoration projects for the nearby residential development after named storms. Such work shall not occur during turtle nesting season. The dates of work shall be mutually determined by the Town Manager and County Administrator, and shall be subject to the following terms and conditions: a) Licensee shall operate all equipment, or cause all equipment to be operated, in a safe and prudent manner, and in accordance with any measures deemed necessary for public safety by County staff. b) When Licensee is utilizing the Park for dune restoration activities and County officials or staff are not present performing dune restoration activities, Licensee shall (1) keep the gates to the Park securely locked at all times except when opened for the passage of Licensee's equipment, (2) manage in a timely and efficient manner any traffic issues that arise as a result of Licensee's use of the Park, and (3) prohibit any public vehicular or pedestrian use of the Park during Licensee's dune restoration activities. Licensee shall post "Beach Closed" signs at the Park entrance during Licensee's dune restoration activities. c) To the extent the County is not utilizing the Park for dune restoration activities, Licensee shall provide any sand needed to establish a "sand ramp" for equipment to access the beach by Licensee while Licensee is utilizing the Park for dune restoration activities, or for Licensee to perform the beach restoration projects for the nearby residential developments. No use of existing sand from the Park or beach shall be allowed. Any damage by Licensee to the Park shall be repaired to the satisfaction of the County and at no cost to the County. The agreed upon access route shall be inspected/videoed by County staff with the Licensee present, prior to the equipment mobilization to the identified Beach Park. The Licensee shall restore any pavement striping, signage, vegetation (includes dune vegetation), and improvements that may have been damaged as a direct or indirect result of the Licensee's construction activities to an equal or better condition upon completion of the Work and demobilization of equipment, facilities, vehicles, and crew from the work area. d) The County assumes no liability for loss of or damage to Licensee's equipment or personal property staged or stored at the Park. Any such equipment or property shall be staged or stored at the sole risk of Licensee. e) The Park is located between two residential communities. As such, to the extent the County is not utilizing the Park for dune restoration activities, Licensee shall minimize construction impacts to the residential communities (i.e. work hours 7:30 AM — 5:30 PM, construction noise, equipment vibration, etc.) to the greatest extent practical. Licensee shall provide 48 hour notice to the homeowners' associations of the adjacent 2 P424 residents and the County prior to commencing access activity through County property. County shall be copied on the notice to the homeowners' associations. f) Licensee shall indemnify the County for any damage to Park structures, roads, vegetation or other Park features or County property resulting from Licensee's performance of the dune stabilization projects, or this License Agreement. Any such damage shall be repaired to the satisfaction of the County, or Licensee shall pay to the County the reasonable cost to repair any such damage. Licensee shall also indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Licensee and persons employed or utilized by the Licensee in the performance of the dune stabilization projects, or this License Agreement. 4. At all times in which the Licensee is utilizing the Park for dune restoration, Licensee shall maintain, or cause to be maintained the insurance policies and coverage limits set forth: Insurance: • County and Subcontractors Insurance: The Licensee shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the County, nor shall the Licensee allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the Licensee's insurance. • Worker's Compensation Insurance: The Licensee shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Licensee shall provide adequate coverage for the protection of such employees. • Public Liability Insurance: The Licensee shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional insured on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General (Public) Commercial General Liability, other than Automobile A. Premises / Operations B. Independent Contractors $1,0OO,OU0.00 Combined single C Products / Completed Operations D. Personal Injury limit for Bodily Injury and E. Contractual LiabilityProperty Damage F. Explosion, Collapse, and Undenrourid 3 P425 Automobile $1,000,000.00 Combined single limit Bodily Injury and Damage Property Damage A. County Leased Automobiles B. Non -Owned Automobiles C. Hired Automobiles D. Owned Automobiles Proof of Insurance: Prior to commencement of any work, the Licensee shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by the contractor must state that the County will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement -naming County as Additional Insured must accompany the Certificate of Insurance. g) At the completion of Licensee's project or expiration of the license, whichever occurs first, Licensee shall return the Park to substantially the same condition as it was at the beginning of the lease, to the County's sole satisfaction. h) Licensee shall perform its work in strict compliance with any permit issued for the project. If at any time Licensee does not adhere to the permit conditions or above conditions, the County may order the work to immediately cease until Licensee brings the project into compliance. Violation of permit conditions and/or the terms of this License Agreement may result in termination of the License Agreement by the County forthwith and at no cost to the County. 5. Parties agree to comply with the Indian River County Beach Preservation Plan, dated February 2015, or as subsequently amended. 6. The term of this Agreement shall be for three (3) years from the Effective Date and shall automatically renew for successive one (1) year terms except either party may give written notice to terminate the Agreement at least one -hundred twenty (120) days prior to the end of the then current term. 7. Any notice, request, demand, consent, approval or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (1) Hand delivery to the other party; or (2) Delivery by commercial overnight courier service; or (3) 4 P426 Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: Indian River County: Indian River County Public Works Department Attn: Public Works Director 1801 27"' Street, Building A Vero Beach, Florida 32960 Town of Orchid: Attn: Town Manager 7707-1 US Highway 1 Vero Beach, Florida 32967 8. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 9. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by all parties. In addition, notwithstanding any other provision set forth herein, it is agreed that this Agreement shall not constitute a third party beneficiary contract and no third party, even if referenced or mentioned hereunder, shall have any rights or privileges hereunder including, but not limited to, standing to enforce any term or condition of this Agreement or make any claim based on this Agreement. 10. Construction/Interpretation of Agreement. Each party has participated equally in the negotiation and drafting of this Agreement. In the event that an arbitration panel or court is required to interpret any provision of this agreement, the provision shall not be interpreted for or against either party upon the basis that such party was or was not the preparer of this Agreement. 11. 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 5 P427 affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 12. Captions in this Agreement are included for convenience only and are not to be considered in any construction �or interpretation of this Agreement or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. ATTEST: Jeffrey R. Smith,, Clerk of Courts,. and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved: 11 o&In use'rS , Town Manager BOARD OF COUNTY COMMISSIQNERS OF INDIAN RIVER COUNTY ("County") By: Joseph E. Flescher, Chairman Approved by BCC: , 2017. Approved as to form and legal sufficiency: an Reingold, County Attorney TOWN OF ORCHID ("Town") q0By. i —®�- H o: 010L 04S- Ze- , Mayor Approved by Town: 6&-6_, 2017. Approved as to form and legal sufficiency: arren Dill, Town torney L P428 August 21, 2017 heriff Deryl Loar Indian River County The Honorable Joseph E. Flescher, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman Flescher: Please accept this letter as my request to be placed on the next Board of County Commissioner's agenda to discuss expenditure from the Criminal and Sex Offender Registrant Fee account. I am requesting $19,300 from the account to apply to the purchase of the following items: Annual Subscription for Offender Watch Sex Offender notification software $ 7,000 Registrant office supplies $ 12,300 $19,300 Please place this item under Constitutional Officers for the September 12, 2017 board agenda. If you have any questions or require additional information, please contact me at 978-6404. Thank you for your consideration. Sincerely, Deryl Loar, Sheriff DL:nmj cc: Jason E. Brown, County Administrator Michael Smykowski, OMB Director Kelly Goodwin Metcalf, Comptroller 4055 41" Avenue, Vero Beach, Florida 32960 www.ireslieriff.org (772)569-6700 P429 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 TO: Board of County Commissioners FROM: Diane Bernardo, Soon to be Retired Finance Director THROUGH: Jeffrey R. Smith, Clerk of Court & Comptroller DATE: August 23, 2017 SUBJECT: Deferred Compensation Ordinance Change (0.A,1 At the August 15, 2017 Board meeting, the County Commissioners agreed to approve the Nationwide Services Agreement and to give approval to the attorney's office to schedule a public hearing revising Section 104.05 Deferred Compensation of the Indian River County Code of Ordinances. The recommended revised ordinance does not name specific deferred compensation providers which would allow the County to change future providers without amending the ordinance. The revised ordinance further explains that any constitutional officer may participate in the Board plan and if included in the Board plan, then an employee from that office will be represented on the committee. RECOMMENDATION The Clerk's office recommends that the Chairman open the public hearing revising Section 104.05 Deferred Compensation of the Indian River County Code of Ordinances, take any public comment, and vote to approve the draft ordinance. Attachment: Draft Ordinance P430 ORDINANCE NO. 2017 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 104.05 (DEFERRED COMPENSATION) OF CHAPTER 104 (HUMAN RESOURCES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ELIMINATE REFERENCES TO SPECIFIC COMPANIES AND SET FORTH THE RESPONSIBILITIES FOR THE ADMINISTRATION OF THE PLAN; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 104.05 (Deferred Compensation) of Chapter 104 (Human Resources). New language indicated by underline, and deleted language indicated by stNkethrOUffh. Section 104.05 (Deferred Compensation) of Chapter 104 (Human Resources) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 104. HUMAN RESOURCES Section 104.05. Deferred Compensation. john HaRGGGk FinallGial SeNiGes 9R an optional basis to employees. This pi:egr-a... '.- to - the plan A deferred compensation plan is offered on an optional basis to employees. The primary purpose of the deferred compensation plan is to provide employees the opportunity to defer and invest a portion of their compensation to the plan helping to supplement retirement income. It also provides for a tax deferral on income contributed to the plan For P431 those employees working under the direction of the Board of County Commissioners, the Ddirector or Mmanager of Hhuman Rresources shall approve and administer these plane and make determinations required by Section 112.215(6)(b), Florida Statutes. For those employees working under the direction of a constitutional officer, each constitutional officer shall designate an individual responsible for making determinations as required by the aforesaid statute. Each constitutional officer may elect to participate in the deferred compensation plan established by the Board of County Commissioners, participate in a separate plan, or elect not to offer a plan to their employees. The designated representatives from the Board of County Commissioners and the constitutional officers electing to participate in a common plan will comprise a committee and will meet as necessary to approve and administer the plan and make determinations required by Section 112.215(6)(b) Florida Statutes. Section 3. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the day of , 2017, for a public hearing to be held on the 12'" day of September, 2017, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc 2 P432 The Chairman thereupon declared the ordinance duly passed and adopted this 121h day of September, 2017. BOARD OF COUNTY COMMISSIONERS.OF INDIARRIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of June, 2017. 3 P433 Coast Newspapers ITCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 461741- INDIAN RIVER CO ATTORNEYS OFC 1733637 NOTICE OF INTENT- PUBLIC HEARING NO deferred comp Pub Dates August 30, 2017 Sworn to and subscribed before me this day of, September 19, 2017, by who is Natalie Wit (X) personally known to me or ( ) who has produced as identification. — �u4 i, to+o KARDLEKAWAS Karol Kangas NotaryWblk-RateofRorlda Notary Public to+o KARDLEKAWAS -jeAI. e'•; NotaryWblk-RateofRorlda CommUmI165126091 :mq MyComm.Eonislu129,2021 BanMd 6emph NaanW NateryJ� Treasure Coast Newspapem Wednesday, August 30, 2017 ID Amusement, Sproul Uft9b Ron" Employment MedNodke Fat AB 6ange Pro Trarpemnm lumudon Rall Esote WiEdn' RealEnm Semen I* mem Annsho Wooden Sdm Remds Canmedd ORtne FinplOyrrtmll l�� , Flnatldal ',�� onstructloNFacilitles nvestments TENNIS COURTt OID'MAN HAS'MONLT LABOR • rn of o In the In MoD <onmralecUl of outdoor PoR PROPEJTTY. Call Mark 954-612.121x. up to Nle the od9YA1 of the writ- consssp�P`nalon nnreinred, SIDE OF PORT ST. LUCIE DOU. LEVARD, BETWEEN MORN- ! tl k TreeiuiridCConti a don tendefenSeswllAtheClerkof this Court either before ser. Oce or Immediately thereof. Call to apply 951-979.3111. INGSIDE BOULEVARD AND MONTAUK STREET FROM RSO Customer5ervice arage Sales CUST SVC/MARKETING VERO BEACH NDOOR YARD A Computer skill; c*I""— ty0lnp,defall orlMted. BAKE SALE • Asbury Unit. e0 MNhndlrt Church, 1708 Palm CItY. M/F Aierm lap A.. Resume Ume.) eon.. Aird AverSept. 2, B-1. Xouseholtl ponds, Ilnans. 561-2233479 Fax 772.219-9604 bikess,, gar -pe tools, khd¢n prlVe/Transpon Utah s, pic4mes and mane. ap��aBURN Sales IAANSR BUS DRIVER -art time. Weekend; Full Time 2 _tate R PIERCE 2705 Sundae Blvd - yams verlflaele eapMeM` 9017 9/3/2017, gam sat & sun. ESTATE SALE BILL wN.1.1 Site vehM- NAa.1%T pI`rb'1 IeSantl PL MCmEELY 1R. otorzcle; crystal; Aeorrse/ment.Council on yylnyy/Communityhansit zywnIlhulmrs. furnitua, ant, books 15015W Bayshme Blv0. PSLL' 1505 Orange Ave, FL Plttc pT, p1ERCI, LAKEWOOD PARK 7905 Fort Walton Ave hrlolpp5®coasl.cam; taonnectm.lm Thm•FN-'M AMlyysee; Fumlture Tool; EOE/ADA/EFW Iawn Equip., Adlu'mtle Beds ti CBlthcarC PORT ST. LUCIE1471 SE WESTMORELAND • Th •Fd• TO: WESLEY KNIGHTSmith, GLENN SMITH a GIeM E. SHARP. The noose Iz Iled with co actions of W, Fiesta wear, candle wIckirrp, cake stands. cook0ook; cake St I! living if decaased Ne kit dlen too,, qullts, Im- ItNes, furniture• Ns[W MOOROryD I antique Brown leather soft sal. way too muds to I,L Gon't miss NEW PROGRAM this orrcl•eollem M.A.T. CO FLORIDA Medication Assisted EQABILITY qND: PROVIDING AN EFFECTIVE DATE Treatment Nurse Cane Manager Peer Specialist pets - Progam Manager FT/PT/PRN ogs Rpglstemd Nurses KATHRYN BONG Plaintiff, FACT Openings Bachelor/Master Openings BICHON BRESE-White,sm-rl, beautllul 3 month old female, tee°.°(Ti STebb=I wmM• For more information and m V NADEAU apply OnlinegoQto W nhldnCAl EUROPEAN MALTESE - DFWP/EOE =11=.r Wile f7lelE thl9 Conti swNO01°!eL ospltality/Trdvel price tem 772-2t6d95e FRONT DESK Met nights MALCHi PUPPIES - Matteset i l"` ahua.tky leaWOmnloav OyFSTT e so . Holl EOFACTION FORNOTPUBLICATION oceanM Vmao EE0'9338 {h82-917hn3 WEB DI17S77/79021 HOUSEKEEPERS The Drlftwood Resort is seek- POMERANIAN CKC M 1st Shot; heart bill of Irlp havxkeepen. Must to ememwlk NVem e; 3150 Ocean Dr Vero Bench he. $500. (772)4094911 PUPPIES • Three Gumbred Yorkle ppies. I boy "" 1. Tare! vork- Iumbing kkepnos 2 yir,, l boy $300 ea. (Yt1)3130-5124 SHEEt METALFOREMAW YORKIEPUPS- MECH/NELPER5/PWMBERS Admabie,Imy,MeF, Raa0y . Nash, Inc a nallom WllllUn Ni"' -et ematnal pmmbmp now. B wks, stems health 721 d medsanicnl contractor hns openinys on protects In ='d eM,S900 ee: -lei -9973 WEB ID 1733365 d Petm Must have commercial exp. Pet( vocal olid ldTs, p0atmSvoahMMIS- voa °Ue�equhee 401(k).a"U cal It l medical Insurance available. DFWP Merchandise A EOE. P1e1a111.1=u"- '155 m58to11 - ntiques ADD l or send resume to: NmnmlResavreespwreashemr AMIIOUESAART WANTED Skills/Trades Courteous Palm Beach buyer whose oMre and seeress see zallyytureuo itpepplora4afn, EQUIPMENT OPERATOR zlw Jewelry. Tffany, NEED EXPTRACHOEOPER- eeN ,mi—thy, ,Pka6 ATOR. CLEAN MVR. EOE. M/F/V/D. DRUG TEST REO'D. Cell Dickerson WUhol, etc. Old Maslers. ChlMse-Mlaseas. Inde, buetlhe; Ca11561801-0722 72-129-4465 WANTED TO BUY PAINTERS• NEEDED C: 772.633.2343 Ma Have collectors for 0:772.567-1221 p,E Backus A Highwayman ,Int, Hnpfl-twee, lc®precislonpalnlingwater proofinp.lm oldtt ChlrNx vases, Stuart, FL 31991 broncos 8) pone Ameriade carvinps;ns tlrgcanp nl CIRCUIT IN AND FOR ST. Gong -1950, Rennick Gaperles k 772.562.5015 Or Schools&Instructions TTZ-696-f6T0 the Written response with the clttk N this caurt either Appliances BECOMEA-CNA' NO HS/GED Required 1 &1'h1 Clas APPLIANCE SALE FlADId NewaUSM yy gef ,ry, •Also Ml<Ootomyy 8 HHA • •"'p .CNANNAsom� _ TR)88ZdL8 -JJJI APPLUINCE IOWEST PRICES LEARN -TO -PREPARE s.les•sarylee. yarn INCOMETAXESI FaiiplleRa=ei6iiuF www.mblock.com/olass orcall772.287-8363 Rcart_.__�IS-9498 Vero encA (77-9567.7298 MOST COLORS SIZES IN STOCK PREOWNED AWUmwAlIterppCyys Mgenro ReNTunpes LOWESTPRiCESONTHE TATASUIE COAR AN Mih Jetsam E AT WR FTFIMxdUSM WmaMYL� WAInNgISE ROmON— oaWEnYAvulAetE Um&AmPG munition 1 GUN SHOW Saturday. Sept. 2, 9.5 Sunday. Sepl.3, 9.4 Melb-VrM Audllo lura 6Z5 E. Hlelxus Blvd. Co alae weapon Course taught et show loam !P 2pm (321)777-TIA =i=:)& supplies MOBILITY SCOOTER • Pride G-G* SDmt.3wheel, 2yr le, Like Newt Pmfect Co. If dlsassemb for travel $575 Legal Notices NOTICE OF ACTION Ta: ESTHER SANTOS YOU ARE NOTIFIED that m Nlon for dissolution of mU- Felape In SL Lacie County lorida has bean Rledalpinst you and you are required t0 serve a co of your written defenses. "aro. to H an ARTHUR BRArf. EsaEire. the attorney fm the PNI(lon- e" Rhin twenty-tive (25) days. whoa address li 613 SW Camden Ave., Stuart FL 34994, And Nle the oriuylnnl with the Clerk of the Circult Ceurt at 218 S. 2nd St., Fmt Pierce, FL 31950, before ser vire on Petitioner's Attorney or ImmtdlntlI, thereafter. othmwls° a default may be le ad eg°mn v for Ina relief demanded In the pale ikn. Publiatlan be Ms on August 30, 2011 In the icpalrn SL W de County newspaper. Dated 8/11/2017 loseyA SmItR Clerk of the Ciroult Cam, By: Deputy Clerk Pub:Aupu5t 30 antl 5lptlmber 6.13 A 20 2017 TCN 1720100 NI NET ENTH JUDICIAL Rib{'YF3E CIRCUIT IN AND FOR CIRCUIT IN AND FOR 5T. LUCIE COUNTY, FLORIDA CIVIL DIVISION CASE NUMBER: %-2017-CA-673 CHRISTOPHER ALLEN and LATRANIA EVANS Plaintiffs. NSP TRANSPORTATION, INC. end EDWARD JOHN SWARTZ: NI, DNmdants. NOTICE OF ACTION TO. Edwere,John Swart. 111 Strasburg. VA YOU ARE HEREBY notified that n eomplalnI has been filed n0etmt You in this court. and you me repulred to serve e copy of your w............. es. it ty, M: LeRONNIE M. MASON, ESQUIRE GUY. Willkm; PUnnl, Watson A G PLLCSE lLegal Notices f�1 be taken esMro"' Sou DATED: July 25, 2017 Joseph E. Smith CLERK OF THE CIRCUIT COURT BY. Ethel McDonald Dep ty Clerk Pub: Au n 9.16, 23, 30, 2017 rcn no4110 egals Notice Under Fictitious Name Law Pursuant to Section 865.09 Florida Statutes NOTICE IS HEREBY GIVEN that the underslRled, dee55 Eng to t�peppee II nder Me Iktilious name of Allen lalty Services of at 08 NW San Remo Cir In the County 01St. Lurie, In �IIe dty of Port St. Lutl, . Florida 71986. Intends to rep- ister nn otic po aeons of I Florida Department o, State T -'I. -l. Florida. Dated at Pmt Sk W de. Fl-rl- da. August 22nd, 2017. Allen n 91MInahare 17 TCN17 . 1736✓i100 Notice Undtt Fictitious Name Law Pursuant to Section 865.09 Florlde Statutes NOTICE IS HEREBY GIVEN that the ul"d 11!rendu daetr5 Imp to osteo Mm ndar ale 4,4fif nama m Premier Realty Group Rental DMslon located at 2 North Seawall's Point Road. In the County of Martha, In Stuart. Florida J19%, Intends 10 epimer me Enid name with the D-I'm of Corpmellons of the Fludda Dromtmem at Rek, Tallanassee. Flo'F AuguDated0421 Stuart. Florida, PRG Core Services, LLC AugpuusSt 30, 2017 TCrl7t3 once IN THE CIRCUIT COURT OF THE 19TH IUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY•FLORIDA Cue No312027CA000388 for the relief demanded. with- out Further notice. Dated an August 11, 1011, CLERK OF CIRCUIT COURT By: Ed. H. / Aa Depute Clerk Put: Aupurt 23, 30 and September 8& 17, 2017 TCN 1728187 NUFIGE Pu0fic Hearingpss 111 be con- aDdm eeforo the cny COUMII of the Cky o1 Pmt St. Wile N a meetim beplMlnpU 7. D.T. or as closely thereafter m tuzlness permits on Septem- ter 11, 2017, nt Port SL Lurie City Hall, 121 SW Port SL Wck Boulevard, Pmt SL Olde, Flor- .d.f.". daf. the following ORDINANCE n36 ORDINANCE 17-57 AN ORDINANCE ADOPTING A MASTER SIGN PROGRAM FOR RIVERLAND; PROVIDING AN EFFECTIVE DATE ORDINANCE E -SB 954-13-15.8198 Web to 1738864 221Os to nStreN Stuart. FL 21991 ORDINANCE 17-59 �p legals A 712283.8160 attp�rXy for Plaintiffs. on or DNore SeDIemOU 25 2017, and JENNIFER JOYCE SMITH SINGLING, and ELLISsorC CRAIG SMITH, as Successor Co -Trust. ees urMer the G A B Smith Llw AN ORDINANCE TO REZONE 013 ACRES OF PROPERTY (OCATED ON THE NORTH . to Nle the od9YA1 of the writ- mp -M dame 10/1/87, end SIDE OF PORT ST. LUCIE DOU. LEVARD, BETWEEN MORN- UCtIOn/PUDIC 5811 tendefenSeswllAtheClerkof this Court either before ser. Oce or Immediately thereof. NDRA L. SMITH, Plalntiff5 INGSIDE BOULEVARD AND MONTAUK STREET FROM RSO wm�� mi Failure to soave and file Itten defenses es requnar v; (SINGLE FAMILY RESIDENTIAL.) TO P (PROFESSIONAL) FOR A lIN �w r withaut(urtDetl^et,Eer�nae0etl, GHT. OLENN IAMllvin fESLEY lEeancena E. mit Eelrs. PROTECTNAB KNOWN AS RAIEN PNOWDINGFOR ANEFFECTIVE DATE. Ill Dated: August 1.20171 nknown tpouses d7llgs, grantees judBmmt ap��aBURN JOSEPH SMITH. AS CIe"k Nthe Court monitors end all ogler Dartles cletminp by,Traugh, under, or ORDINANCE E•60 AN ORDINANCE OF THE CITY MN' {Yl By: Deputy Clerk PUD:Aupurt 16,2330 And Sept ber6,201� n0alnst them; Defm0ants. COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA AUTHORIZING THEEXECUTIA t�'r� TCN 1716278 SECOND AMENDED OF A SOLAR LEASE AGREE- MOTICEOp ACTION (Em met Notice By PubBrAtmm MENT WITH FLORIDA POWER AND LIGHT COMPANY FOR TO: WESLEY KNIGHTSmith, GLENN SMITH a GIeM E. ITS SOLARNOW PROGRAM; AUTHORIZING EXECUTION pill 1 T I! living if decaased Ne OF ANY AND ALL NECESSARY JLFASENT S TO COMP ITE NINETEENTH JUDICIAL CIROUITINANDFORST.LUCIE known Spous.. heirs, devisees, grantees judpmml 7X15 ; PPOwDING SEV- rA� CO FLORIDA 011lln S and all Ot{ler Dartles EQABILITY qND: PROVIDING AN EFFECTIVE DATE a No.. 017rA Case Na: 2017CA000776 age, styu by, thrWph.under, or apMst them. KATHRYN BONG Plaintiff, AOMess(en Unknown Karen A. Phillips, City Clerk V NADEAU YOU ARE NOTIFIED that en Amended taint tainIn NOTICE OF INIFENT- PUBLIC .err. LICGELA HTENSTEINNE Wile f7lelE thl9 Conti HEARING Defendant. conte Inv the following reel EOFACTION FORNOTPUBLICATION Property: Nat 23, Black 2. BLUE CYPRESS NOTICE IS HEREBY GIVEN that M2o°Ben M l°molan W�'ePm"'N' FlSHING CLUB according to nodes, vete ""Md t Pnbpe T0: ANGELA IEANNE NADEAU the map or peat !ham , as N= te mmke" adopfmn 2011 MERZ WDDHF7CBXBA423436 SALE ATCOWSON'S UCHTENSTEN ecorded In Plat Book 277, Pap! 238mthe Public Records m a propoxd ormaenee ea& tied: AUTOMOTIVE INC YOU ARE NOTIFIED that an action for Partition of Real of Inman Roue" County. Florida. AN ORDINANCE OF THE VER BEACH FL AVE3296 72960 p0atmSvoahMMIS- voa °Ue�equhee afe �wrrlttM to fS5eppOuse. Yaonpy B RIVER AT 10:00 AM ON to Serve e 1 of yo IF of you re Harry, pltlUone"'sattomey OXERS OF INDIAN COUNTY FLORIDA AMENDING SEPTEMBER Il, 2017 len da1Mu5 If erry, to lhls whose oMre and seeress see sELTIriN 2ows(DEFERREo Pub NAUy 430,2017 TCN.1736578 Hellon on I�aneM Kutub, E5 Ire,U THE GERMAN LAW Senora LSunohelm, ��sS0q Cup 'SonSunOhelmB COMPENSATION) OF CHAPTER IW (HUMAN RESOURCES)OF GROUP. PINMHts Attorney, Assaciale; P.A. THE CODE OF INDIAN RIVER opal Notices whose address Is P.O. Boz 612 SE Central Parkway, COUNTY, FLORIDA IN ORDER IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL 272789. Bol Raton, R 33427. on or belme S temett 8 2017, fik Stuart, FL 31991 TOELIMIMATE REFERENCES TOSPECIMMINIPARIESAND CIRCUIT IN AND FOR ST. and Iha orl0ma� Ilh the Berk of thl3 court nt On or DNore October 2, 2011 and t0 Ile the mipmel o, SET FORTH THE RESPONSIBIL- fffES PoRTNE ADMINIS7ilA- LUCIEC(SUNTY,FIORIDA St. Lucie County Courthouse, 218 S. 2nd SL. N. Pierce.FL the Written response with the clttk N this caurt either TON OF THE PtAN•AMD PRO - VrndO PDR CODI�TCATION, CASE NO, I DR1713 HORATIO MALTEZ-CORDERO 31950, time" De'Ma ser; Wee on Plelntiff's e0.m. before se"vlCe or Immediately thereafter SEVERABI1f1Y REPEAL OF CONNCFINO PROVISIONS, Petltloner,and or ImmeMatti thereafter, otherw,e a default will be Failure to serve and file writ• AND AN EFFECTIVE DATE. ES ER SANTOS Respondent. entered nyetmt you ano the Plaimiftq Ve0fleo ComO,lelnt len defenses as requlreo may retult In q lu0o.. or order Tae Pbugc HeArtap wE be held m T°esoay, Sepmmher 12, yI,?- 2D Wednesday, August 30, 2017 Treasure Coast Newspapers / / I UTM 10 ACROSS 38 Surrounded Answer to Previous Puzzle 1Neck 40 Actress ST. WCIE, FLORIDA AMENDING THE CODE OF ORDINANCES OF ' Chambers )orated on the first floor m BVDdinyy A and neck Gardner E M M A ABS FET A 6 Took the risk 43 SFO Info 44 Drama G I R D K O A OVA L 10 Summer annual award 48 Strikingly GRI L L I N G R I C E 12 Rio Grande dHleren, IAN A C E T I C town 50 Begin to bum (772)560-6085 PROPERTY WITHOUT PRIVATE SION"; PROVIDING FOR COD, 13 Straightens 52 Retxass D O U B T P S A T 14 53 Hard Worker q M T E F F O R T sNot 64 Itty-b tye Public Hearings will be con- tlucted before the Cltyy Council OA R 15Sicee56 Date NOTICE Anyone who may wish or 16 Cure leather Public Hearings willyybe con- B I L E SAC yd - O18 18 Whirlpool DOWN HITTER P U N locale 19 1 Scribble EMIR EASE D 22 All gearred up All geared friace K N A C K S A G 25 New York 2 _ _ ITLL H A R D R O C K cagere rot keeps COUNTY. FLORIDA `Y 29 Brownlee 3 Gives rise to T E T E A L I E T R E 30Tej— 4 Loud, ERAS GET ETON 32 conWsed mdse 8 Novelist 20 Type of FallbaPlay is 33 Fellbedt strategy 5 5 River tamer — Ferber cracker (2 wds.) Starfish 9 Forest grazer 10 Use 21 Easy 22 34 Approval features a ray gun 11 — umame Ump's cousin 23 Jazzy 37 Advances, 7 Enlist again 12 Nub fabric as money (hyph•) 17 Invite 24 -Carr rental Wani mora Puaba? dame Clrock out Cao ^Jurt RIpM Grosewore Puxxlea^ books at Qulll6rlver9anim •� SCOtland, om to poets 2 3 1 5 27 Genn— 28 Hourgiass 1e filler ,3 ,4 31 Scale meas. 35 Female i6 16 1] ,0 relative 36 Cable network 39 Gallop or trot 40 What shaft s s > ze 41 Sotto — 42 Like — — of bricks 45 Cep visor 46 News morsel 36 a 3) 17 Always, toKeats p 48 Chow down 49 Cr=ing vine 43Rattail 7 61 DDE's Ong. 690 CM17 UFB.Dnt by Mxlera MG.tod6}do Ul's notice once once 2017 at 4.0S a.m., or As soon =Who needs a aPedat for Nh COUNCIL OF THE CITY OF PORT thereafteraz tae matter may 0e heard, M the Curty Com- odetlon meet- leg mast contest the Courrt ST. WCIE, FLORIDA AMENDING THE CODE OF ORDINANCES OF ' Chambers )orated on the first floor m BVDdinyy A c Amedears Wkh OlsebD'rties Act ricano oormnntorrt772- THE CITY OF PORT ST. LUCIE, rt the County Adminlstrative 126-1233 rt least 48 hurs In FLORIDA, AT CHAPTER 72 STOPPING, STANDING, AND Complex, 1801 27th Street, advance m the meeting. PARKING" BY SPECIFICALLY Vem Beach, FlOdde 32960, at V" arra fnterestM Pmdes (NDAN ==,' OARD ;MENDING SECTION 72.01 PARKING PP OHIBITIONS"; e��th OF COUONERS SPECIFICALLY AMENDING the praphoand ordlnan IOSEPIR E. FLESCHER, CHAIRMAN SECTION 72.02 "PARKING IN ALLEY; PARKING ON PRIVATE The proposed millnance may tied., Uuslt.taTIIrs (772)560-6085 PROPERTY WITHOUT PRIVATE SION"; PROVIDING FOR COD, repp vlard P•m.Monday (IF30a.mto5.'It BENCH SEAT COVER - irk SEVERABILITYp AND PRDY DNG F p yy0))0 of thth"e Clerk to theoard M NOTICE ING AN EFFECTIVE DATE. Cu Commisdoners local- (22)626-1741 Karen A. Phillips, City Clerk ed on 2nd RaorofBMia.t. AaftheCUMyAdminislrstlre Public Hearings will be con- tlucted before the Cltyy Council um 520, 0T2)626.1T41 Complex, 1801 27th Street, Vem Beach, Radda. of the City of Port St. Lu le ata meeting bepinnine al 7:00 p. m. NOTICE Anyone who may wish or buslnss pe Irmits oPartn Septem Public Hearings willyybe con- ampaPYebemadeAtthiismeetlog herLucia City Hall, 121 SW Part St. Lucie of the Clty ofPProt SLlLucleal la vAl need to enure that a ver batten ofthe proteid- Boulevard. Port St. Lucie, Flor. Itla for the following: meeting beglnnin9 air it. p.m. or s close ly thereafter as __a le made, whkh Intludes teabm6m Ane eNdenue aeon Z ORDINANCE 17-67 business permits on Septem- bet it,2017, m PortSt. Lucie whiehthe eppertkbased. DRUM SEAT tame ht730 throne 575, (772)224-2834 CIty,HaJl, 121 SW Port St. Lucie � argain Box klelCharldise CHAINSAW - Ru n Great Greet SIVE, OFTHE PUBLIC RECORDS OFA ST. LUCIE COUNTY, FLOR. cudition $100, (772)713.1055 ` CHAIRS - fold,fabrlc padded argain BO% $550727626-1741 40"FLATSCREENSOKYTV CHANDELIER - Olneepple anUqur550,072)224-2834 -$75(772)349-4382 AIR COND. -18K BTU, 240 V, X CHANDEUER "Proggressive" Ik cud. 3100 (771)288-3625 MRMATTR sin new $50, (772)221Q834 CHICKEN COOP - chicken coop $75, (772)569-6085 w/pump $20, 072)569-8111 AHIIQUE OISHE9-Ja anhand- palnted $45, (772)266-4976 CHINA CABINET-ChlnaCabi- net, f75, (772)569-9311 ANTIQUE MIRROR -AnUpue l2' GGAR BOX LABELS - 11 tllft., mirror$75,(772)2661976 BATTERY BACK-UP -For torr- trained $8,(772)569-8111 - COFFEE MAKER71 puter,539,(772)287-8900 22ER Cusineart 320,(772)fi26-1741 BED - sin- gle, oltl� (772)626-1741 COFFEE 2-$100 Italian Marble 51/2' X 2' $100, (772)342.2027 BED FOAM - for king/queen COINS -1 or silver panda $30. $10(772)626-1741 (772)560-6085 00 FRAME - double/full on casters $18.(772)569-8111 COKE ASN TRAY - OLD S30, 072)589-2581 BENCH SEAT COVER - irk COMPUTER - w/monitor Win - can nfl $20, (772)559.6985 dOwS %P 549, (772)287-8900 BOAT LIFE VESTS - (5) all $20, CONFEDERATE EAGLE - Nppu- (22)626-1741 tines. pair f9, (772)Sfi9.8111 BOAT PADDLES - a oo Ir,nllmi- COPIER -FAX -SCANNER um 520, 0T2)626.1T41 580, (772)567-2566 BOSTOCH TRIM NAIL GUN Mlnl 565. (772)713-1055 CRUTCHES - djus[able 510, (22)626-1741 BUDMIRROR-Lighthouse S35, DININGROOMSEr- Far micatp (22)589-2581 Cbl S35, (22)932.1617 CART - hydra LIC table Cart $60(832)206-9681 DINING ROOM SET- Rnd mad oak S90,(772)932-1617 CART - y�tlrnuTic table cart 60.00 $60,(832)206.9681 DISHWASHER - KENMORE/ qulet/wht$60.(22)285-7470 COLING FAN - New Never Used DRESSER&MIRROR- Wicker X M. (22)713.1055 Gond $60, (772)932.1617 CENTER CAPS GLUG- toyota Iknu$40,(22)559-fi985 DRUM SEAT tame ht730 throne 575, (772)224-2834 CHAIN SAW- 14 Inch, new chain $50.(773)234-3793 EDGER - Gas rtlger, 3 wheel, 3 hp S50,(772)234-3793 a Bargain Box J ENTERTAINMENT CRTR/Elec. fireplace $65(772)349-4382 ETAGERE -Med on w/2 doors 76x30x18 $25, (772)932-1617 EURO TAILIGHTS NO - 95-04tecoma $7S, (772)559. 6985 otice once Of Foreclosure once Of Sale his for the following: PAGES 25 THROUGH 27, INCLU- aboveIndian-ceptlonetl action, the ORDINANCE 17-61 SIVE, OFTHE PUBLIC RECORDS OFA ST. LUCIE COUNTY, FLOR. following per Op. fi, situated In tl scribeed as:County, Florida, ADOPTINGIDAN ORDINANCE THE AD VALOREMMILLAGE Port Saint Lucie, FL 34952 rive, LOTS) 13, BLOCK 458 OF RATE FOR THE FISCAL YEAR OCTOBER 1, 2017. TO SEPTEM- Dated this 30th day of August, SABASTIAN HIGHLANDS, UNIT 17 AS RECORDED IN PLAT PER 30, 2018: PROVIDING AN EFFECTIVE DATE. 2017. BOOK $, PAGE 46, ET 1E&OF THE PUBLIC RECORDS OF INDI- ORDINANCE 17.62 Heller & Zion, LLP Attorneys for Pl'Intlff AN RIVER COUNTY, FLORIDA. AN ORDINANCE ADOPTING 1428 Britkell Avenue,Suitt600 Property AddresS: 108 Larch. 32958. Terrace Sebastian, FL THE BUDGET AND MAKING AN APPROPRIATION FOR THE FIS- Teilemytione3( 39)373.8001 Facsimile: (305) 373-8030 fall to file a claim, you will not be entitled to any remaining CAL YEAR OCTOBER 1, 2017, TO Designated E-mell: mall®hell- Shall be sold by the Clerk of SEPTEMBER 30, 2018; PROVID- ING AN EFFECTIVE DATE. erzlon.com Co.", Jeffrey f Smith, on the 7th day of September, 2017 rt 10:00 e.m. (Eastern RESOLUTION 17.0.61 By: Time) by electronic sale on A RESOLUTION ADOPTING THE Alexandra). Sanchez, Esquire Floritla Bar No: 154423 the, prscribed date at www. Indian-river.realforeclase.com CAPITAL PROGRAM FOR TME CITY OF PORT ST. LUCIE, FL OR- If you are a person with a t0 thehighest bidder,for cash, ftm giving notice as requlretl IDA: PROVIDING AN EFFECTIVE DATE. disability who needs any ccommodation In order to by section45.031,FloritlaStat- utas. Karen A. Phillips, City Clerk ticipate In this proceed. Pnang. you are entitled, at no Any person clalming an Inter. (Vance Of Foreclosure IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CIVIL DIVISION U.S. BANK NATIONAL ASSO- CIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL OF AS TRUSTEE AS SUCCESSOR BY MERGER TO LASALLE BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR WAMU MORT- GAGE PASS-THROUGH CER- TIFICATES SERIES 2007-oA4 TRUST, vs. Plaintiff, JAMES FREBRARO: ET AL., CASE NO.! Defendants. / NOTICE OF FORECLOSURE SALE CASE NO.562016CAO 0608 LOT 2, BLOCK 48, OF E LAKE VILLAGE NO.3, ACCO ING TO THE PLAT THERI RECORDED IN PLAT BOOK ir (bargain Box cost to you. to the Dravlslon est in the suTm from the of certain assistance. Please salue�, ifyyany, other than the Coordinatorr250 NW County of tLIs must nie Club Drive, Suite 217, Port St. the hinam: a claim within 60 da s after Lucie, FL34986,(22)8.7i370 at least 7 tlays before your the sale. The court, In Its discretion, may enlarge the schetluletl coyuyrI Appearmce, time of the sale. Notice Of the thismnotl icatlonpif the time P ba�hrmshedaprovidedherShall ein. before the scheduled a0ylm- c is less than 7 days; If you ar he a ring or voice Impaired, If you re a person with a dlsablllityo who needsa y io nail]]]. acc tlati0n In order participate In this proceedingg, If you are a T�e on lalming a ght to $comas remaining after You are entitled, at no cost to yau,tothe provislon of certain the sale, you must file a Claim ssistance. Please contact Withthe Clerk no later than 60 days after the Sale. If you Corrie Johnson, ADA Coordi- nator,250 NW Country Club fall to file a claim, you will not be entitled to any remaining Dr v34986e 217,Port St 2) 807-437 [a. tunas. After fig Gays, only the least 7 tlays before your sNmmeolatelyurtponprerelvinp the IIs pendensdmayhclaimt the Augug1st 30&September 6, 2017 Eefore [hecutnemietinPPPear 7 d TCN.173fi576 ancnearIs ing ton impair ou arex11711. Notice Under Fictitious Name Law Pursuant to Section 865.09, Florid. Statutes NOTICE IS HEREBY GIVEN CERTIFICATE OF SERVICE that the urderSiged, desk. I HEREBY CERTIFY that a true lgto gg gg 1n buslness der tneiicttllous name of and correct copy of the fare. Bawiew/Stryker 1V located g Ing was amt via the Flor- lea Courts E-Fllinp Portal, at 4826 SE Railway Avenue, In the County of Martin, In Stu- Electronic Mall anUS ail to the attached service art, Floritla 31997, Intends to register the said name with Liz[ this 1st dayy of August 1015 to: Sherr) C. Phllo the DlNsion of Corporations c/o Fred L. Kretschmer at fIC/o Jr.r. at lk@ of the Florida Department f State, T IIIhII9aee, Fiml- eroattomeys.com, verom"OmeyS.C.m. and RICh- da. Dated at Stuart, Florida, August 25th, 2017. d A. Philo, 108 Larchmont Terc, Sebastian, FL 32958. Bayview Construction Ser- TAMARA WASSERMAN, ESQ. viceti el Contracting hC and tryServEces, R Florida Bar NO.: 95073 Email: twwagsserycom® Inc. 342017 TCN. 1736572 TC9.11 STORyEYLAWCROUP, P.A. 3670 Maguire Blvd Suite 200 kLOrlando, once Of Sale' FL 32803 TCN 1728181 IN THE CIRCUIT COURT OF THE NINETEENTHCIRCUITJUDICIAL Q Wheelf/Reaeatlen IN AND FOR ND AN RIVER B i Sell fast! COUNTY. FLORIDA `Y CASE NO. 312026CA000696XXXXXX WILMINGTON SAVINGS FUND that Public NOHces SOCIETY, FSB, DOING BUSI- NESS AS FSB, TRUST, NOTICE OF FORFEITURE NOT IN ITS IN GIVIDUAL CAPAC- ITY, BUT SOLELY AS TRUSTEE COMPLAINT FOR BCAT 2015.14BTT, Plalntiff, On May 19, 2017, In St. Lucie County Floritla, the Sheriff se(zed and holds $1.892.00 IN U.S.CURRENCY AND $2.483.00 IN U.S. CURRENCY. A corn - RICHARD uit Cnt ourt been n 5L filed elCoune RICHARD A. PHILO; 11 e1., ty Florida, Court Case No.: Defendants. SU017CA0001084XXXHC. NOTICE OF SAIF Ad General - unset en NOTICE IS HEREBY GIVEN thet, St. Lucie County Sheriffs Office Pursuant oft Foreclosure Final 772-462.3225 Pit"yow ad WithmCaNi-$?7 2471407 argain Boxargain Box PAINT - 5 pal pp Imer factory SHAG RUG - Ch brown HD sealed$40,(772)224.2831 X 8 CLEAN $50,(772)932.16: PATIO DINING SET .48- round SNOP W CE fSHO,(Dut gis. rattan $70, (77.0932-1617 Contlitu 1yy Cot 3-105 PATIO DINING SET - Find 41" SILVER -1 or 10 comndts S2 die white $75. (772)932-1617 (772)569-6085 PATIO OVAL TABLE • Glen top SIRIUS/XM RADIO - For ci umb. hole $201 duhnew$39,(772)287.891 PATIO SETTEE, CHAIRS alum, SOFA TABLE-Mahg Id wtiv cm Cbl $35, (772)932.1617 marb top 530, (772)932-1611 PET CARRIER -18x10x10"Soft, SPEAKERS - Altec,compub NEW $10.(772)569-8111 ready $30, (772)626.1741 PEE COLLECTION - 32 diff. dis. TABLE - Sid oak 39" din X cor parsers $15,(772)569-8111 $25, (772)932.1617 PING PONG PADDLE, - balls, TACOMA HANDLES NEW • d, Sportcraft $5. (7'72)569-8111 tlgate $30, (772)559-6985 POLAROID- SX70 like new with TIRE - Size 215 -SSR -16 $1 case $75, (772)224-2834 (772)569-9341 POOL WE -2- c, 20.1/5 oz $12. TIRE 265/70/16 - OIts ri (772)569.8111 $40,072)559-6985 POOL TABLE-Bftp Itebla,ex TIRE B'STONE DUELER - TIi cd $100. (7727323.5517 B'stone Dueler (772)567.251 POOL TABLE LIGHT - Bud light/ TRAILR MIRRORS - West Coo Mich. $100, 0727323.5517 Mint $35, (772)713-1055 PONew SE SHOLE 30, (72)G 3.1055 Rigid TRUNK 071)6261741 melts r POSTER -ftam d'OS VB Hibis- TV DISH MOUNT - adjustab cus Fest $15. 072)569-8111 $10, 072)559-6985 PRIMER - 5gel bucket water WEED EATER - Great Wo kir proof S25,(22)224-2834 Cond $100, (772)713.1055 PROPANE TANKS - (3)ell $30, WHEEL ADAPTERS 4, 110.! (22)626-1741 NEW S80,(772)559-6985 RELAXZEN MASSAGER - New WHEELCHAIR - Cmri Ill. $28,(72)266-49706new, S55; IT 89-5318 RHINO RAMPS30, (772)713 10555 V$65; (772)1589-5318wheelin ROCKING CHAIR - Ockinp W re - Sit tell motion act. Chair Ip. $ 30, (772)5fi9.60&5 new $35.(772)224-2a34 �1)3- 3 �- 3 3 - y to, A.2. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: September 12, 2017 SUBJECT: Konover Acquisitions Corporation's Request to Rezone Approximately 9.66 Acres from CL, Limited Commercial to PD, Planned Development and to Obtain Conceptual PD Plan Approval for a Project Known as Vero Beach Square [PD -17-04-02 /2007110117- 784421 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 19, 2017. DESCRIPTION & CONDITIONS: This item was originally scheduled for a public hearing at the September 12, 2017 Board of County Commissioners (BCC) meeting. However, to accommodate hurricane recovery activities and normal public access, the public hearing was opened and immediately continued to the September 19, 2017 BCC meeting. This item is now being presented for approval without any change to the original request, staff report, and staff recommendation. This is a request by Konover Acquisitions Corporation, through its agent Kimley-Horn and Associates, Inc., to rezone approximately 9.66 acres from CL, Limited Commercial to PD, Planned Development. As part of the rezoning request, a conceptual PD plan has been submitted for the overall site together with a preliminary PD plan/plat. The Planning & Zoning Commission (PZC) has approved the preliminary PD plan/plat, subject to approval of the PD rezoning request and the conceptual PD plan by the BCC. The project site is located at 5125 20th Street (SR 60), which lies on the south side of SR 60 between the existing Applebee's restaurant (5335 20th Street) and the existing Sonny's BBQ restaurant (500120th Street). The subject site is currently vacant. The purpose of this request is to secure a zoning district and an approved conceptual PD plan that allows development of a commercial project that includes a 110 room hotel, a tire store, a multi -tenant strip building, a stand-alone restaurant, and a stand-alone fast food restaurant with drive through facility (see attachment 6). Planning and Zoning Commission Action: At its meeting of August 10, 2017, the PZC voted 5-0 to recommend that the BCC approve the project as recommended by staff (see attachment 2). P434 Development and Approval Options Available to the Developer: Most of the project's proposed uses are permitted uses within the CL zoning district. However, the project includes two proposed uses that are not permitted (by -right) uses in the CL zoning district. A tire shop (automotive fluid sales and services) is an administrative permit use, and a fast food restaurant with drive through is not an allowed use. Both uses are permitted (by -right) uses in the CG, General Commercial zoning district. Therefore, the developer has two options to seek approval for the proposed project. The first option is to make an application for a rezoning from CL to CG. If the property were rezoned to CG, then the applicant would need to submit a site plan application for the project. The second option involves seeking a rezoning to PD and submittal of a conceptual PD plan. It is staff's position that the PD rezoning process is the best option for accomplishing the applicant's objective. Therefore, staff encouraged the applicant to pursue the PD rezoning option. Because a rezoning to CG would allow a number of uses that may not be desirable in the area of the subject site, a CG rezoning could be problematic. In addition, there is no CG -zoned parcel in the immediate area, but there are other PD - zoned properties. Unlike a CG rezoning, rezoning to PD allows the County to control the types of permitted uses, and to prohibit or limit other less desirable uses. The PD Zoning District Generally: There have been several commercial PD rezoning districts approved by the County. Unlike standard zoning districts, there are no specific size or dimension criteria for PD districts. Instead, the PD district is based on the underlying land use plan designation for density/intensity and use limitations, and on compatibility requirements. In the PD zoning district, specific allowable uses, setbacks, and other typical zoning district regulations are established on a site -by -site basis through approval of a conceptual PD plan. Additional aesthetic design standards may also be required under the PD rezoning process. Adopted as part of the PD zoning for a property, the conceptual PD plan serves as the zoning standard for the site. A rezoning to the PD district requires the submission of a binding conceptual PD plan which, along with certain PD district requirements, limits uses and sets -forth specific development standards on the site. Thus, a PD rezoning allows a unique PD district to be developed specifically for each development site. In this case, the conceptual PD plan proposes a 110 room hotel, a tire store, a multi -tenant strip building, a stand-alone restaurant, and a stand-alone fast food restaurant with drive through on 9.66 acres. Aspects of the proposed conceptual PD plan will be addressed in the "PD Plan Analysis" section of the staff report. The applicant is not proposing to change any of the CL size and dimensional criteria through the PD. The PD Rezoning Process: The PD rezoning review, approval, and development process is as follows: STEP 1. Rezoning and Conceptual PD Plan Approval: Review and recommendation made by staff and by the PZC. Final action taken by the BCC. STEP 2. Preliminary PD Plan/Plat (combination of site plan and preliminary plat) Approval: Review and recommendation made by staff. Final action taken by the PZC. Must comply with the approved conceptual PD plan and any conditions imposed by the BCC at the time of PD zoning approval (Step 1). 2 P435 STEP 3. Land Development Permit (LDP) or LDP Waiver: Reviewed and issued by staff for construction of subdivision improvements (road, utilities, drainage). STEP 4. Building Permit(s): Reviewed and issued by staff for construction of buildings. STEP 5. Final PD Plat Approval: Review and recommendation made by staff. Final action taken by the BCC. STEP 6. Certificate of Occupancy: Reviewed and issued by staff for use and occupancy of buildings. The applicant is pursuing approval of Steps 1 and 2 at this time. If approved by the BCC, the rezoning, conceptual PD plan, and preliminary PD plan/plat will be approved. Once a conceptual PD plan is approved, only minor modifications to the conceptual PD plan can be approved at a staff level. Any proposed changes that would intensify the site use (e.g. increase the maximum building area) or reduce compatibility elements (e.g. reduced buffering) may be approved only via a process involving public hearings held by both the PZC and the BCC. Any modifications to the preliminary PD plan/plat will need.to be consistent with the approved conceptual PD plan. Proposed PD District for the Project Site: The subject site has a C/1, Commercial/Industrial land use designation. The C/I land use designation allows a variety of commercial and industrial zoning districts. Since the land use designation controls the use of the property by limiting the applicable zoning districts, any rezoning must be compatible with the uses allowed by the property's land use designation. Once a specific PD rezoning is approved for a site, the applicable conceptual PD plan adopted as part of the rezoning limits the type of specific uses and intensity of development on the site and establishes the site's dimensional criteria. Although PD zoning district parameters are flexible, certain standards related to uses, compatibility (buffering), infrastructure improvements, and open space are set forth in Chapter 915 (P.D. Ordinance) of the County's Land Development Regulations (LDRs). Based on the proposed conceptual PD plan, the proposed PD district for the subject site complies with all applicable PD requirements. PD REZONING ANALYSIS: Existing Zoning and Land Use Pattern: The subject site consists of approximately 9.66 acres located on the south side of SR 60. The site is currently vacant, with groupings of native trees in certain areas, and disturbed areas of nuisance exotic vegetation in other areas. To the north of the subject site, directly across SR 60, are two large -lot single-family homes on a 10.6 acre parcel and 5.8 acre parcel, respectively. Those parcels are zoned RS -6, Residential Single -Family (up to 6 units/acre) and have an L-2, Low -Density Residential -2 (up to 6 units/acre) land use designation. To the east of the subject site is the Sonny's BBQ restaurant which is zoned PD, Planned Development, is governed by a conceptual PD plan approval to allow its drive through facility, and has a C/I Commercial/Industrial land use designation. 3 P436 To the south, across the Main Relief Canal which lies within a 300' wide water control district right-of-way (ROW), is the Rosewood Court Subdivision which has an average single-family lot size of approximately .5 acres. Those properties are zoned RS -2, Residential Single -Family (up to 2 units/acre) and have an L-1, Low -Density Residential -1 (up to 3 units/acre) land use designation. To the west of the subject site is the Applebee's restaurant which is zoned CL, Limited Commercial and has a C/I Commercial/Industrial land use designation. Consistency with the Comprehensive Plan: Rezoning requests are reviewed for consistency with the policies of the comprehensive plan and must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. These include agricultural, residential, recreation, conservation, and commercial/industrial land uses. Commercial/industrial land uses are located in nodes throughout the unincorporated areas of Indian River County, as is the subject site. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan, which identify the actions, which the County will take in order to direct the community's development. As courses of action committed to by the County, policies provide the basis for all County land development related decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following policies. Policy 2.2: Indian River County shall encourage and direct growth into the 2030 Urban Service Area through zoning, subdivision, and land development regulations. Such regulations shall promote efficient development by requiring utilization of the existing street system, extension of public facilities where necessary, connection to the centralized potable water and sanitary sewer systems where available, and incentives for mixed use projects. Note: The project site is located within the 2030 Urban Service Area, will connect to the existing street system (SR 60), will be served by County water and sewer, and will provide an appropriate mix of commercial and hospitality uses. Policy 4.1: Land use districts shall be located in a manner which concentrates urban uses, thereby discouraging urban sprawl. Note: The project site is located within the existing SR 60/58`h Avenue commercial node, which is an area where the land use plan proposes to concentrate urban uses, such as the commercial uses proposed with this application. Essentially, the proposed rezoning facilitates commercial "in fill" development via a slightly expanded scope of approved uses for a site that already has a C/I, Commercial/Industrial land use designation. Policy 9.3: Indian River County shall maintain plans along roads that serve as entranceways to the county and along other roads, as determined by the county. The county shall continue to implement the recommendations of the Other Corridor Plan and the SR 60 Corridor Plan. Note: The entire development implements improvements and architectural design guidelines consistent with the SR 60 Corridor Plan. 4 P437 Compatibility with Surrounding Areas: Staff's position is that granting the request to rezone the property to the proposed PD district will result in a development that is compatible with the surrounding areas and consistent with the existing development pattern along SR 60. The properties to the east and west are commercial properties, contain restaurant uses, and are compatible with the proposed PD district and uses. The properties to the north consist of two large -lot single-family homes on a 10.6 acre parcel and a 5.8 acre parcel, respectively. The subject site is separated from the properties to the north by a six -lane segment of SR 60 that lies within a 106' wide right-of-way (ROW) along the PD site's SR 60 frontage. To ensure compatibility, the LDRs require a Type `B" buffer with a 4' opaque feature along the north property line. To the south of the subject site, across the Main Relief Canal, is the Rosewood Court Subdivision. The subject site is separated from the Rosewood Court Subdivision by the Main Relief Canal, and the canal ROW is approximately 300' wide along the project's canal frontage. To ensure compatibility, the LDRs require a Type `B" buffer with a 6' opaque feature along the PD site's south property line. The conceptual PD plan provides the required Type `B" buffer, and includes a continuous 6' tall masonry panel wall system to be located within the Type `B" buffer. In addition, the retention area for the subject property is proposed along the south property line which will provide greater physical separation between the future commercial development and the properties to the south (see attachment 6). Concurrency Impacts: Consistent with County requirements, staff conducted a conditional concurrency review to evaluate potential project impacts on various facilities, including roads, water and sewer service, and other systems. In this case, the conditional concurrency review indicated that there will be adequate facilities in place to accommodate project impacts, subject to the conditions contained in this report's recommendation. Further concurrency determinations will be required at the time of permitting for each development phase or building. Environmental Impacts: Environmental issues are addressed in the "PD Plan Analysis" section of this report. PD PLAN ANALYSIS: 1. Size of Site: 2. Zoning Classification: 3. Land Use Designation: 4. Open Space: 5. Building Coverage: 9.66 acres Current: CL, Limited Commercial Proposed: PD, Planned Development C/I, Commercial/Industrial Required: 25.0% (minimum) Proposed: 36.2% Required: 40.0% (maximum) Proposed: 12.1% P438 6. 7. 8. 9. Floor -Area -Ratio (FAR): Maximum allowed: 0.23 Proposed: 0.09 Note: The FAR calculation is based on the floor area of the commercial/retail buildings and does not include the hotel area. The minimum land area required for the proposed number of hotel rooms (i.e. 1,200 square feet of land area per rom) is satisfied. Impervious Area: Proposed: 194,235 SF or 4.46 acres Buildings Proposed: Hotel: 23,608 SF Retail/Restaurant Building: 11,475 SF FF Restaurant #2: 3,500 SF Restaurant #3: 5,300 SF Tire Store: 6,861 SF Total: 50,744 SF Note: The square foot figures are for ground floor building coverage footprint. The hotel will be 3 stories, will contain 110 rooms, and will have 70, 824 square feet of overall floor area. All other buildings single story. Surrounding Land Use and Zoning: North: SR 60, Single-family homes / RS -6 East: Sonny's BBQ Restaurant / PD South: Main Relief Canal, Single-family homes / RS -2 West: Applebee's Restaurant / CL 10. Phasing: The project is divided into three phases. Phase I will include the tire store, the multi - tenant strip building, and all of the common area infrastructure. The two Phase I buildings will be generally located in the northeastern portion of the overall project site. Phase II will consist of the 110 room hotel facility generally located in the southwestern portion of the overall project site. Phase III will include a stand-alone restaurant and a stand-alone fast food restaurant with drive through facility generally located in the northwestern portion of the overall project site. 11. Landscaping and Buffering: A preliminary landscape and buffer plan has been reviewed and approved for the subject site. With respect to buffering, the plan depicts buffer types, locations, and the physical width and components of the buffers on all of the project's perimeters. In this instance, a Type "B" buffer with a 4' opaque feature is proposed along the project's (north) SR 60 frontage. Along the south property line, a Type `B" buffer with a 6' opaque feature is provided. For that buffer, the 6' opaque feature will be a continuous 6' tall masonry panel wall system. It should also be noted that most of the large and standard canopy tree requirements for the south buffer will be met by relocating several existing laurel and live oak trees from the interior of the site to the perimeter buffer. This approach will provide an enhanced buffer with mature canopy trees at time of planting (relocation). The properties to the east and west are commercial properties and contain restaurant uses, and the preliminary landscape plan provides adequate perimeter landscaping along both project "side" C P439 perimeters. In addition, the landscape plan adequately addresses interior landscape requirements such as lake shoreline trees around the project's stormwater pond, parking lot landscaping, and common area landscaping. Prior to issuance of an LDP, the applicant will need to submit and obtain Planning staff approval of a final landscape and buffer plan. 12. Parking: Adequate parking will be provided as shown below. Required Proposed Tire store: 18 18 Multi -tenant strip building: 109 110 Stand-alone fast food: 47 48 Stand-alone restaurant: 71 73 Hotel: 110 110 Total: 355 359 13. Traffic Circulation: The conceptual PD plan provides a right-in/right-out driveway connection to SR 60. The SR 60 driveway will be served by an eastbound right -turn lane on SR 60. The plan also provides two-way driveway interconnections to the commercial properties to the east (Sonny's BBQ) and west (Applebee's). The project has been designed to provide an exclusive north/south driveway from SR 60 to the hotel site at the rear (south) of the overall project site, and a semi -exclusive east/west driveway from the eastern interconnection with Sonny's BBQ to the western interconnection with Applebee's. The applicant has an existing access easement across the Applebee's site to the west. The driveway interconnection to the west will ultimately connect to the signalized SR 60 driveway (a.k.a. "53rd Avenue") that serves the Walmart site as well as Applebee's and a small strip center. In order to ensure that adequate legal access is established for project traffic to utilize the Walmart north/south driveway, the applicant has entered into an easement agreement with Walmart. That easement agreement ensures formal integration with the Walmart area traffic circulation system and will be recorded once the applicant purchases the subject property. A copy of the recorded easement will need to be provided to Planning staff prior to PD plan release. The project's traffic impact analysis identified several required or recommended off-site improvements, described as follows. The existing westbound left -turn lane at the intersection of SR 60 and 53rd Avenue is required to be extended in order to accommodate additional vehicle queue length. Also, the northbound left -turn lane on the north/south Walmart driveway (a.k.a. "53rd Avenue") is recommended to be extended to accommodate additional vehicle queue length. Because the Walmart driveway is a privately owned driveway, and is not a public right-of-way, the applicant will be required to make a good faith effort to obtain approval/authorization from Walmart to install the recommended turn lane improvements on Walmart property. However, the applicant cannot guarantee that Walmart will approve/authorize the recommended turn lane improvements in a timely manner. Therefore, the applicant has agreed to provide a two-year construction bond to cover the cost of the turn lane improvements in order to allow additional time to obtain approval/authorization from Walmart or allow Walmart to definitively reject the proposed (and beneficial) driveway improvement. The two-year construction bond must be provided prior issuance of a Certificate of Occupancy (C.O.) for the proposed hotel (Phase 11). Regardless of the outcome for the northbound left -turn lane improvements on the Walmart property, 7 P440 the applicant has also agreed to extend the eastbound left -turn lane on SR 60 at the existing median opening south of the Advance Auto Parts store (4720 201h Street). That improvement will accommodate additional vehicle queue length for an eastbound to westbound U-turn movement on SR 60, providing a benefit for westbound traffic leaving the project's SR 60 driveway and for the general public. The driveway designs, driveway locations, internal circulation plan, traffic impact analysis, and off- site improvements have been approved by Traffic Engineering and Fire Prevention. The final design of the 'off --site improvements will be reviewed via the project's LDP. 14. Dedications and Improvements: Required Off -Site Roadway Improvements: The approved traffic impact analysis indicates that the following off-site traffic improvements are required or recommended: o The westbound left -turn lane at the intersection of SR 60 and 53`d Avenue is required to be extended in order to accommodate additional vehicle queue length. This improvement must be completed prior to issuance of the first project Certificate of Occupancy (C.O.). o The eastbound left -turn lane on SR 60 at the existing median opening south of the Advance Auto Parts store is required to be extended in order to accommodate additional vehicle queue length. This improvement must be completed prior to issuance of the first project C.O. o The northbound left -turn on the north/south Walmart driveway is recommended to be extended to accommodate additional vehicle queue length. Prior to issuance of a C.O. for the proposed hotel (Phase II), this improvement must either be completed or the applicant must provide a two-year construction bond. SR 60 Turn lane and ROW Dedication: An eastbound right -turn lane is required on SR 60 at the project driveway, and the underlying turn lane additional ROW must be dedicated to FDOT. The ROW dedication must be completed prior to PD plan release. The turn lane improvement must be completed prior to issuance of the first project C.O. External Sidewalks: There is an existing sidewalk along the subject site's SR 60 frontage. A majority of that sidewalk will be maintained through the course of project construction. However, the applicant is required to construct a new/relocated segment of SR 60 sidewalk along the eastbound right turn lane at the project's entrance. The new sidewalk segment must be completed prior to issuance of the first project C.O. Internal Pedestrian System: The development will have an internal sidewalk system that links all of the uses/buildings and provides pedestrian access throughout the overall project site. In addition, the internal pedestrian system will be connected to the external SR 60 sidewalk system. 15. Stormwater Management: The preliminary stormwater plan, as approved by Public Works, proposes a master stormwater system that includes a wet stormwater treatment area located in the 8 P441 southeast corner of the overall project site and a dry stormwater treatment area in the southwest corner of the overall project site. Final design of the stormwater management system will be reviewed via the project's land development permit (LDP). Prior to issuance of an LDP, the applicant must obtain a County stormwater permit. 16. Utilities: The entire development will be served by County water and sewer. Those utility provisions are consistent with applicable LDRs, and have been approved by the Department of Utility Services and the Health Department. The developer will need to obtain an LDP and utility permits prior to the construction of each phase. 17. Concurrency: As required under the County's concurrency regulations, the applicant has applied for and obtained a conditional concurrency certificate for the project. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity was available to serve this project at the time of the determination. Prior to issuance of a building permit for each building, the developer will be required to obtain a final concurrency certificate in accordance with County concurrency regulations. 18. Environmental Issues: Uplands: Since the site is over five acres, the County's native upland set-aside requirement potentially applies; however, County Environmental Planning staff has determined that no intact native upland plant communities exist on the project site. Therefore, no native upland set-aside requirements apply to the proposed development. Wetlands: Based on a survey of the subject site and staff verification, there are no jurisdictional wetlands on the subject site. Therefore, no wetlands criteria apply to the proposed development. Tree Preservation/Mitigation: The site is heavilywooded and contains a number ofprotected and specimen trees. In order to provide an additional public benefit, the applicant conducted a thorough analysis of the existing protected and specimen trees, and coordinated field meetings with Environmental Planning staff. The analysis identified a healthy 42" live oak tree that will be preserved in place. Also, the applicant is proposing to relocate 7 mature canopy trees on site, and approximately 50 existing cabbage palm trees. The canopy trees will be relocated to the perimeter landscape buffer located along the southern property boundary, and the relocated cabbage palm trees will be utilized throughout the overall site. Mitigation is required for removal of the remaining native hardwood trees over 12" dbh and cabbage palms with 10' or more of clear trunk. All invasive exotics will be removed during development. Prior to issuance of tree removal and land clearing permits, the applicant must obtain Environmental Planning staff approval of the project's final tree protection and mitigation plan. 19. Corridor Architectural Requirements: The project site is located within the SR 60 Corridor and is subject to the SR 60 Corridor criteria. Preliminary architectural building elevations have been provided to document consistency with the corridor criteria (see attachment 8). In addition to the corridor criteria, all buildings within the project have been designed to share common architectural elements, including decorative cornices on all parapet walls and pilasters, lap siding on certain accent E P442 walls, split -faced CMU block at the base of all buildings, and common colors. The final architectural elevations for all buildings must be reviewed and approved by Planning staff prior to PD plan release. 20. Planned Development Waivers: Through the PD process, the applicant can request a variety of design -based waivers from the LDRs. In this case, the applicant is not requesting any design waivers, but is going through the PD process in order to allow two additional uses by right (tire shop and fast food restaurant with drive through facility), and to commit to certain design parameters and public benefits provided by the project. 21. Public Benefits: For all PD projects, applicants must identify the public benefits that the project will provide in exchange for requested waivers or incentives being sought by the applicant. For this project, staff recognizes that the requested zoning waivers are modest in scope. For the proposed project, the public benefits proposed are as follows: Enhanced Tree Preservation: The applicant has designed the project around an existing 42" live oak tree, and is proposing to relocate 7 mature canopy trees and approximately 50 existing cabbage palm trees on site. This proposal exceeds the minimum tree protection requirements identified in the LDRs, and will provide an enhanced buffer along the south property boundary with mature canopy trees at time of planting. Westbound Left -Turn Lane at SR 60 and 53rd Avenue: The applicant is proposing to lengthen the westbound left -turn lane by an extra 50' over -and -above the length identified and recommended in the project's traffic impact analysis. • Eastbound Left -Turn Lane at the existing SR 60 median opening: The applicant is proposing to lengthen the eastbound left -turn lane which will accommodate additional vehicle queue length for an eastbound to westbound U-turn movement on SR -60, and provide a benefit for westbound traffic leaving the project's SR 60 driveway and for the general public. All conditions recommended by staff have been accepted by the applicant. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners approve the proposed Planned Development (PD) rezoning and the conceptual PD plan, with the following conditions: Prior to PD plan release, the applicant shall: a. Obtain Planning staff approval of the final architectural elevations for all proposed structures. b. Dedicate to FDOT the required right-of-way for the SR 60 right -turn lane at the project entrance on SR 60. C. Submit a copy of the recorded easement agreement with Walmart. 2. Prior to issuance of land clearing and tree removal permits, the applicant shall obtain Environmental Planning staff approval of the project's final tree protection and mitigation plan. 10 P443 3. Prior to issuance of a land development permit (LDP), the applicant shall: a. Obtain Planning staff approval of a final landscape and buffer plan. b. Obtain County staff approval of the final design of all off-site improvements. 4. Prior to issuance of the first project certificate of occupancy (C.O.), the applicant shall: a. Install all required on-site mitigation trees. b. Install all landscape and opaque feature improvements along all project perimeters, as depicted on the approved conceptual PD plan. C. Extend the westbound left -turn lane at SR 60 and 53rd Avenue, extend the eastbound left -turn lane at the existing median opening south of the Advance Auto Parts, and obtain FDOT and Public Work's approval of the turn lane construction. d. Construct an eastbound right -turn lane on SR 60 at the project's entrance, relocate the SR 60 sidewalk, and obtain FDOT and Public Work's approval of the turn lane/sidewalk construction. Prior to issuance of a certificate of occupancy (C.O.) for the proposed hotel facility (Phase II), the applicant shall either extend the northbound left -turn lane on Walmart's north/south driveway (a.k.a. "53rd Avenue") or provide a two-year construction bond to guarantee a post- C.O. two-year construction window (construction subject to Walmart's authorization). ATTACHMENTS: I. Application 2. Excerpt from August 10, 2017 PZC Minutes 3. Location Map 4. PD Rezoning Ordinance 5. Aerial 6. Conceptual PD Plan 7. Preliminary Landscape Plan 8. Preliminary Architectural Building Elevations 11 P444 1 �` rdNM COUNTY PLANNI+0 Dr4,VRLQPrvWrr APP1JCAn Please indicate the type of application being submitted: Conceptual PD Spechd Exeeptioin ConeurrW, Conceptual Pin Special ixcepdan & Preliminary PM piviim inary Planned Development; Ffard Planned Development: 14ote; For a PD rezoning also Include the vppropriate re Amhng spplicadon. JOIN 2MI OOMMUNITY ')EVELOPMENTT PROS NAME; Vero Beach Square Pian Number: PD- -17- 0 2- Project 0: 2007110 17 f7,? qVZ PROPERTY OWNER: (PLEASE PRINT) Vero Capital LLC c/o Triarch Invest Grove Inc. _ NAME 18205 Biscayne Blvd ADDRESS Aventura, FL 33160 CITY, STATE, ZIP PHONE NUMBER EMAIL ADDRESS CONTACT PERSON PROJECT ENGINEER: (PLEASE PRINT) Kimley-Horn and Associates, Inc. NAME 445 24th Street, Suite 200 ADDRESS Vero Beach, FL 32960 CITY, STATE, ZIP 772-794-4100 PHONB NUMBER _chris.hollen@kimley-horn.com EMAIL ADDRESS APPLICANT (PLEASE PR NT) contract purchaser - Knonover Acquisition Corp. NAME 431 Fairway Drive, #201 ADDRESS Deerfield Beach, FL 33441 CITY, STATE, ZIP 95.4-354-8282 PHONE NUMBER bl)3tt@konoversouth.com _ EMAIL ADDRESS Blair Hyatt, Executive VP CONTACTPERSON AGENT (PLEASE PRINT) Kimley-Horn and Associates, Inc. NAME 445 24th Street, Suite 200 ADDRESS Vern Rea , FI. 32960 CITY, STATE, ZIP 772-744-4100 PHONE NUMBER chris.hollen@kimley-horn.com EMAIL ADDRESS Chris Hollen, P.E. Chris Hollen, P.E. CONTACT PERSON CONTACT PERSON SIGNATURE OF OWNER OR A Attachment 1 FAC,onu =KY DewrlATIONSWucDex sppticadons)PDAPP'.doc Revised Aunt 2016 Page i of P445 TAX PARCEL ID #(s) OF SUBJECT PROPERTY: PROPERTY CLASSIFICATION(S): Land Use 099809on a0001_ 0110- Dcoo I. 33-39-04-0000-1"1-00001-h ZoningDistrict Acr�gg CR CL 9.66 TOTAL PROJECT ACREAGE: 9.66 EXISTING SITE USE(S): Vacant Land PROPOSED SITE USE(S) AND NTENSITY (e.g. # of units, square feet by use): Grocery =19,787 SF N Fast Food with Drive-Thiv = 5,100 st Restaurant = 6,300 sf, Retail = 4,920 sf, Tire Store = 7,100 sf, Medical Office = 7,000 sf ** PLEASE COMPLETE THE SUBWrrAL CEMCICEMT ** The L following items must be attached to the application: If the applicant is other than the owner(s), a sworn statement of authorization from the owner; Two deeds and a verified statement naming every individual having legal or equitable ownership in the property; if owned by a corporation, provide the names and address of each stockholder owning more than 10% of the value of outstanding corporation shares; ' JTwo copies of the owners recorded warranty deed; Y A check, money order or cash made payable to "Indian River County": Planned Development Request - ConceptuuaalYD.-Special. Exception less than 20 acres $ 2075.0664— 20-40 acres 0 over 40 acres 2575.00 + 100.00 for each additional 25 acres over 40 acres Preliminary PD Plan ------�-, Iea than 20 acres 150. A' 20-40 acres tguo over 40 acres 1300.00 - 50.00 fx)r each additional 25 acres over 40 acres Final PI) Plans $1400.00 For L cappEeations: combine the appropriate fees and subtract $400.00. Ten sets of complete Conceptual, Preliminary or Final PD (final plat plans must be signed and sealed by surveyor). Plans as per Chapter 915, pursuant to the type of approval being requested. Any requirements of the zoning or subdivision ordinance which the applicant is requesting to be waived (such as minimum lot width and size, street frontage requirements, setbacks, etc.), shall be clearly indicated by section and paragraph numbers, together with the rationale for the waiver request(s), on an attached sheet. F:WAnx+r�ty Mvdoj=wtlAPPUCAT10M C=Dev sppHcad=\PDAPP.doe RMsed April 2016 Attachment d 1 P446 2 Aerials for conceptual or preliminary PDs _ Itemized response to pre -application for conceptual or concurrent applications ] 2 sealed a nveys +/ 3 sets of floor plans and elevation for commercial or multifamily buildings Wntben Statement and Photograph of Posted Sigh For Mal Plata only Letter from developer providing timeline for achieving the 75% completion threshold for the overall subdivision improvement ONE OF TRE FOLLOVING SETS OF REQUIRED IMPROVETV2 T DOCUMENTS: CoNSTRUMON COMPLMM - BULLT OUT: Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvements. � : Q T r I �: i Original Engineer's Certified Cost Estimate for Improvements (signed and sealed.) Failure to provide information on which option b being selected may result in a delay in processing the application. ----oR--- CONS1MUMON 1NC(BW'?I. EIM-- I361D OV -r' Original Engineer's Certified Cost Estimate for Improvements (signed and sealed; note items to be completed or percent completed at 75% threshold for overall subdivision). Statement that improvements are neanng completion and a certificate of completion will, be obtain prior to final plat approval Copies of Documents to be recorded with the final plat: a. Covenants, Deed Restrictions, Bylaws, etc. or Statement There Are None b. property Owner's Association Articles of Incorporation or statement indicating why recording of POA is NOT required. Attachment 1 F.-Txmnuj ty' DevdMmentlAi'PUCA77ONS\CutDov appliant On9\PDMRdoe Ravbed Apol 2016 Pop 3 of P447 the FEC Rail Road. Zoning District: IG, General Industrial. Land Use Designation: C/I (Commercial / Industrial). [SD -17-08-02 / 94020132- 79466] [Quasi -Judicial] Vice Chairman Brognano asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex - parte communication. ON MOTION BY Dr. Day, SECONDED BY Mr. Stewart, the members voted unanimously (5-0) to approve staff recommendations on this Quasi - Judicial matter. Public Hearing Vice Chairman Brognano read the following into the record: A. Vero Beach Square: Request to rezone approximately 9.66 acres from CL, Limited Commercial to PD, Planned Development and to obtain conceptual PD plan and concurrent preliminary PD plan/plat approval for a project to be known as Vero Beach Square, consisting of a 110 - room hotel and four stand-alone commercial buildings. The site is located at 5125 20th Street (SR 60) and lies on the south side of SR 60, between the existing Applebee's restaurant and the existing Sonny's BBQ restaurant. Vero Capital, LLC, Owner. Konover Acquisitions Corporation, Applicant. Kimley-Horn & Associates, Inc., Agent. Zoning: CL, Limited Commercial. Land Use Designation: C/I, Commercial/Industrial [PD -17-04-02 / 2007110117-78442] [Quasi - Judicial] - Vice Chairman Brognano asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex - parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. Ryan Sweeney, Senior Planner of Current Development, reviewed information regarding the request for planned development (PD) rezoning and conceptual and preliminary PD plan approval for Vero Beach Square and gave a PZC/Approved 2 August 10, 2017 F:\BCCWII Comm ittees\P&Z\2017 AGENDAS & MINUTES\PZC 081017.doc Attachment 2 P448 PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commission recommend that the BCC approve the PD rezoning and conceptual PD plan for Vero Beach Square with the conditions listed in the staff report. Applicant Mr. Chris Hollen of Kimley-Horn & Associates, Inc. offered to answer questions from the commissioners and the public about the proposed development. Mr. Curtis Randolph and Ms. Barbara Randolph, homeowners residing near the proposed development, voiced their concerns regarding increased noise and lighting that may be associated with the project. Mr. John McCoy, Chief of Current Development, Mr. Hollen and Mr. Sweeny proceeded to clarify several inquiries from the commissioners and the public regarding traffic issues, lighting and landscaping at the proposed development. ON MOTION BY Mr. Stewart, SECONDED BY Dr. Day, the members voted unanimously (5-0) to recommend that the Board approve the PD rezoning and conceptual PD plan, and to approve the preliminary PD plan/plat subject to Board approval, with staff recommended conditions. Commissioner's Matters There were none. Planning Matters Mr. McCoy advised the commissioners that there will be a meeting on August 24, 2017. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 7:37 p.m. PZC/Approved 3 August 10, 2017 F:\BCCWII Committees\P&Z\2017—AGENDAS & MINUTES\PZC 081017.doc Attachment 2 P449 CG i CG Attachment 3 A Ln O 21STSVT 39M ON240 000aoo A W CG R 6 loll RS -6 RS -6 CG CG i L:: R �, S -60:3 G 1 -- -- -- 60 - - - 20TH ST( _STATE . 513904M31000000D003 - - CL CG 33sso.0000loe000000t,o PD CL CL J aCIL Subject Site PD z`= Zoned CL FD 33s3o•000sloaaooaoos,o I � _ A,�rt��c�� 33390�6003'.00000000tA - R 3 CG y i-2 .333404000.91000000000.2 RO ION ST' 8 R 2 RS -2 RS -2 3334os00000s0000aoos.o iu ) t P c~i i L�4FAYETT PL Attachment 3 A Ln O ORDINANCE NO. 2017 - AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CL, LIMITED COMMERCIAL, TO PD, PLANNED DEVELOPMENT, FOR APPROXIMATELY 9.66 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF SR 60 APPROXIMATELY 2,000 FEET EAST OF 58TH AVENUE AND DESCRIBED HEREIN AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently considered this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: LEGAL DESCRIPTION: ALL THAT PART OF TRACT 11, LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF THE MAIN CANAL 300 FEET WIDE RIGHT-OF-WAY, SECTION 4, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE- QUARTER OF SAID SECTION 4, RUN SOUTH 89°06'10" EAST ALONG THE EAST - WEST QUARTER SECTION LINE, A DISTANCE OF 1331.39 FEET TO THE NORTHWEST CORNER OF SAID TRACT 11; THENCE SOUTH 00°17'50" WEST A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 60 (OSCEOLA BLVD.) AND POINT OF BEGINNING. FROM SAID POINT OF BEGINNING RUN SOUTH 89006'10" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 668.39 FEET; THENCE RUN SOUTH 00017'50" WEST A DISTANCE OF 760.78 FEET TO THE AFOREMENTIONED NORTH RIGHT-OF-WAY LINE OF THE MAIN CANAL; THENCE RUN SOUTH 69037'23" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 714.36 FEET TO THE WEST LINE OF AFOREMENTIONED TRACT 11; THENCE RUN NORTH 0097'50" EAST ALONG SAID WEST LINE A DISTANCE OF 1019.98 FEET TO THE AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 60 AND POINT OF BEGINNING. Attachment 4 P451 ORDINANCE NO. 2017 - BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE- QUARTER OF THE AFOREMENTIONED SECTION 4, RUN SOUTH 89°06'10" EAST ALONG THE EAST -WEST QUARTER SECTION LINE A DISTANCE OF 2000.09 FEET; THENCE RUN SOUTH 00°53'50" WEST, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 60 (OSCEOLA BLVD.) AND POINT OF BEGINNING OF SUBJECT PARCEL; FROM POINT OF BEGINNING RUN SOUTH 89006'10" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 666.04 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 11, SAID POINT LYING 30 FEET SOUTH OF THE NORTHEAST CORNER OF SAID TRACT 11; THENCE RUN SOUTH 000 1 T58" WEST ALONG THE EAST LINE OF SAID TRACT 11 A DISTANCE OF 502.50 FEET TO THE NORTH LINE OF THE MAIN CANAL 300 FEET WIDE RIGHT-OF-WAY; THENCE RUN SOUTH 69037'23" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 711.81 FEET; THENCE RUN NORTH 000 1 T50" EAST A DISTANCE OF 760.78 FEET TO THE POINT OF BEGINNING ON THE SOUTH RIGHT-OF-WAY OF STATE ROAD 60. SAID DESCRIBED PARCEL NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA is changed from CL, Limited Commercial, to PD, Planned Development, with the general project layout as depicted in the attached conceptual PD plan (Exhibit A). The uses allowed shall be limited to the uses allowed in the CL District as listed in the use table in section 911.10 by the approval process specified in the same table, except that "automotive fluid sales and services" and "drive through restaurants" shall be permitted uses. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon fling with the Department of State. This ordinance was advertised in the Press -Journal on the 28th day of August, 2017, for a public hearing to be held on the 12th day of September, 2017, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari Attachment 4 P452 ORDINANCE NO. 2017 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director Attachment 4 P453 WALMART DRIVEWAY pk 77 r— 'NI or 0,4 mv AM 99Vd I ". I L ZONING: CL,- FW: CJI --I - jfi - II I milli Uzi L9bd , aQ En m n 3 A 0 VERO BEACH SQUARE 14753.0 '--'-- j 5125 20TH STREET, VERO BEACH, °^ Kimley>» Horn FL 32966 LANDSCAPE PLAN 09/12 2016 Q sPREPARED FOR KONOVER SOUTH, INC 47 ,ERO BEACH • FL "m 7/28/2017 na RENgons D">E BY n FRONT ELEVATION ;1 REAR ELEVATION A Ul OD Attachment 8 UST@ u+.. ki (D�!IDE ELEVATION OSIDE ,ELEVATION rul Attachment 8 I A NORTH ' _ FRONT ELEVATION RA2 SCALE t/e1'-0• �i WES7 (SIDE) ELEVATION RA2 scut : Ve' . pro' o EAST (SIDE) ELEVATION RA2 scut : i/e' a �'_o• Attachment 8 NORTH (FRONT) ELEVATION FA1 SCALE : L/e' = V -Q' WEST (SIDE) ELEVATION FA2 SCALE : 1/8' - V-8' SOUTH (REAR) ELEVATION FA2 SCALE : 1/8' = V -a" rn EAST (SIDE) ELEVATION FA2 SCALE : 1/8' - V -O' Attachment 8 EAST +/s'(SIDE) ELEVATION TK2 scut : SOUTH (REAR) ELEVATION NORTH (FRONT) ELEVATION TK2 suu : +/s' ' TK2 suu : +/Y . +'-o' WEST (SIDE) ELEVATION 41 rn N Attachment 8 1 WEST (SIDE) ELEVATION RR2 SCALE : 1/8" = V-0" (:n:) NORTH (FRONT). ELEVATION RR2 SCALE : 1/8" = V-0- (:I) SOUTH (REAR) ELEVATION RR2 SCALE : 1/8" = V -0- A 0) W �1 EAST (SIDE) ELEVATION RR2 SCALE : 1/8' - V-0' Attachment 8 O 7 z o� zlo= - 3 0 U W a 0 o, rc a J � o Ln F O CO � a m CC 00 i 30 o W CXz z w H> 8 N O Q 8�d a4a 8' sheet RR#3 RR -2 Vero Beach Square Planned Development Planned Development (PD) Rezoning and Conceptual PD Plan Board of County Commissioners September 19, 2017 Planned Development (PD) Rezoning Process PD Rezoning & Conceptual PD Plan PZC Recommendation 1 BCC Approval Preliminary PD Plan/Plat PZC Approval -Land Development Permit (LDP) or Waiver reviewed and approved by staff -Final PD Plan/Plat is approved by BCC z I Location Map I cc cc RS.6 RS -6 A --4 - State Road 60 CC CL PD CL CL' PD PI) cc Ej RN -3 S�s , 1 F=1 CG L7 WS -2 J11PU E �13 - CC■ ■■ ■= = �: •• ���■ ■■ .� ■ ■■ ■wi �■ ■ ■11■� Subject Site / �■ mm N ■ ■ ■_�■ ■ � � ice!!■I� Proposed Development • Reason for PD request: Add tire store and drive through restaurant as a permitted use • Overall site size: 9.66 acres • 110 -room hotel • Multi -tenant strip building (11,475 SF) • Stand-alone restaurant (5,300 SF) • Stand-alone fast food w/ drive through (3,500 SF) • Tire store (6,861 SF) G y` 3 - 3 Conceptual PD Plan rs qfljfljj fq, ZONNG: PS4 FLU: W Phasing Plan ,--6fA—TEE ROA -0� 3 04�SMP it Phase I Phase 11 e (PififRufl-I I ft I k% Phase 11 PN ZONING 9 10 1 -11d 3 -- CO, Type "B" buffer w/ 6'opaque feature 10 1 -11d 3 -- Traffic Circulation Plan S_TAT_E ROAD 80 X45 Y77_ Right-in/right-outwith L ju, right turn lane Existing left -turn lane j in Driveway connection to Sonny's BBQ J_U FOW M11 IN Driveway connection t Applebee's Fr_2 Ru. L-1 Walmart Driveway (53rd Avenue) Plan L ju, Existing left -turn lane j in L ju, Recommended left -turn lane extension A C .),I PO)NOW 12 Dedications, Improvements, & Conditions • Westbound left -turn lane extension on SR 60 • Eastbound left -turn lane extension on SR 60 • Eastbound right -turn lane on SR 60 and ROW dedication at project entrance • Northbound left -turn lane extension on Walmart driveway or two-year construction bond • External sidewalk • Internal sidewalks • Recorded access easement with Walmart 13 Stormwater Plan CC Wet storm water pond — 1 — La ;- Dry stormwater area +H 1 T - j r i P4 c J v 14FLU y63- Environmental Issues • Uplands: no uplands on subject site • Wetlands: no wetlands on subject site • Tree protection, relocation, and mitigation: • Preservation in place of a healthy 42" live oak • On-site relocation of 7 oak trees and approximately 50 cabbage palms • Mitigation required for removal of remaining hardwoods and cabbage palms 15 inary Architectural Design: 110 Room Hotel Front Elevation Rear E 03 ER, �7�B East Side Elevation West Side Elevation 16 Z�_Z 3 ' 8 reliminary Architectural Design: Multi -Tenant Strip Building - -��f=- •a.�.�J nn•iwv w�.Mu41n.v Y.W r . nzz zaf� fazwro.i _ a. itllwit Public Benefits • Enhanced tree preservation • Westbound left -turn lane extension on SR 60 • Eastbound left -turn lane extension on SR 60 18 ,W-9 PZC Action ➢ On August 10, 2017, the PZC voted 5-0 to recommend that the BCC approve the PD rezoning and conceptual PD plan with the conditions recommended by staff. ➢ The applicant has agreed to all recommended conditions. 19 Staff Recommendation That the BCC approve the PD rezoning and conceptual PD plan for Vero Beach Square with the conditions listed in staff's report: • Final architectural plans • Recorded Walmart easement • Final tree mitigation plans • Turn lane extensions on SR 60 • Turn lane on SR 60 and ROW at project entrance • Turn lane extension on Walmart driveway or bond -out • Install all required improvements 20 �Z3 _ 10 21 Preliminary Architectural Design: Stand -Alone Restaurant ..,,.E • D ` �. _ _ ,.tr^:�a.Yr�';y��.•r. _Y.Y.t++r$.+�• �", ... ,,"... a, ,.. �._ � NDNiH fFO� [ttv¢TtOu w i, „D E�.S—WS—g Er uE-,MN Si 7 ♦ 7 T T 7 / T • T1 7 LUIIU-1-VlUi v Fast r UUU W/ LI"1VC 1 HVUU; �. 1 /i> nSiR(� w CLCV�IfoN `j n, ��f 0�, CLCYAIOY W,�1- Preliminary Architectural Design: Tire Store ..> YpnD�' 4 101 x �. �� � + �------ t �. H 463--12 Treasure Coast Newspapers I TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 463755 - INDIAN RIVER CO PLANNING DEPT 1727324 PUBLIC HEARING Pub Dates August 28, 2017 Sworn to and subscribed before me this day of, September 06, 2017, by i�4 ff f j who is Natalie Zoll (X) personally known to me or ( ) who has produced — �W`.ari, W q 4,`W Karol Kangas Notary Public as identification. 13.11 J� A 2 - KARDLEKANGAS Notary Public - State of Florida CommhslonJGG12br191 My Gomm. Explres Ju129, 2021 6andedtMouph National tlouryAan, as identification. 13.11 J� A 2 - dX Oeed Appliq Ion IMMEDIATELY AT 2300 VIR- GINIA AVE, 2ND FLOOR, FORT PIERCE, FL 34892, 772-462- 6926. Properth may be redeem teniuthSLLcsieC n amount please contact the Taxo Collector, 772-462. 1650. Date this 30th day of lune. 2017. ANGELA RIGGINS, Deputy Clerk Clerk of the Circuit Court, Sc. Lucie County Pub: August7, 14, 21, 28, 2017 TCN 1683244 OTICNOTICE EU7iPPLIC�SYi IO�iOR TAX DEED Tax Deed File No.: 16-552 NOTICE JS HEREBY GIVEN, that GALBRAITHSELECT TAX LIEN FUND, LP the holder of filed osald lcercertatestfot a tax The certliicatee number and year of Issuance, the description of the pro was assessedre as folpowts� Certificate No.: 2013/10689 Year of issuance: 2013 Address: 198 SE VIA TESORO BLVD, PORT ST LUCIE Pro erty Description: TEPSORO PLAT NO.1(PS 40.29) THAT PART OF TRACT P LYG E OF SOUTHBEND BLVD (PB44- 10) -LESS AS IN OR 2456.1551- (4.555 AC) (OR 3296.1538; 3452.2942; 3454-499) Parcel lD:4421-78S-0018.000/6 Names) in Which Assessed: WEST COAST INVESTORS Said property being in the County of St. Lucie, State of Florida. Unless said certificate shall be redeemed acconin to g law the property desaJ1 be s such certificate shall bidder sold to the highest bidder Se lmber is sale 11th f September, 2017 at Mtps:a/ stlucie.clerkauctian.com t 11:00 A.M. WARNING THERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN OR IN WHICH YOU HAVE A LEGAL INTEREST. THE PROP- ERTY WILL BE SOLD AT PUB- LIC AUCTION ON 09/nn017 UNLESS THE BACK TAXES ARE PAID. TO MAKE PAY- MENT, OR TO RECEIVE FUR- THER INFORMATION, CON- TACT THE CLERK OF COURT IMMEDIATELY AT 2300 VIR- GINIA AVE, 2ND FLOOR, FORT PIERCE, FL 34892, 772- 462-6926. Propertyy mag be redeemed Chinn,g the St. Lucie County TaxIon Collator. Fad instruc. dons, g�leam contact Me Tax Callecton772-462.1650. Date this 21st day of June, 2017. MARGARET RAHAL, Deputy Clerk Clerk of the Circuit Court, St. Lucie Countyy Pub: August 7, 4, 21, 28, 2017 TCN 1661751 NOTICE OF APPLICATION FOR TAX DEED Tax Deed File No.: I6-551 NOTICE IS HEREBY GIVEN that GALBRAITHSELECT TAX LIEN FUND. LP the holder of the fileld mi5 cCefifcates foraa tax deed Eto Ce issued there- on. The ce flissuancemthe tescriptian of the pro e and the names in whpchl, was assesed areas fol lows: Certificate No.: 2012/11462 Year of Issuance: 2012 22- BLK 44/29N) Q� MARGARET RAHAL, Deputy Clerk Clerk of the Circuit Court, Sc. Lucie County Pub: August 7. 14.21, 28.2017 TCN 1661721 NOTICE OF APPLICATION FOR TAX DEED Tax Deed File No.: 16-486 NOTICE IS HEREBY GIVEN, that theVle Io C. NG lowiUfolllinn9 certificate has fled said cer- tificates for a tax deed to be Issued thereon. The cer- tificate number and year of tssuance, the description of he property, and the names ax DeedA tcatlon in which It waz assessed are as (allows: Certificate No.: 2014/3614 Year of Issuance: 2014 Address: 2601 CORTE2 BLVD, SLC Proyyerty Description: 2 ANDD7 (0 54 AC) ELK(OR 1183- 1818 Parte ID: 2420-801-0024.000/9 Nam¢(s) in Which Assessed: WANDA I. TINNEY(EST) Said property being In the County of St. ucie, State of Florida. Unless said certificate shall Iawrthe¢property described sold Me (highest bidder byelectronic sale 11th f September, 2017 at https:// stlu<ie.clerkauctian.com at 11:00 A.M. WARNING THERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN OR IN WHICH YOU HAVE A LEGAL INTEREST. THE PROP- ERTY WILL BE SOLD AT PUB- LIC AUCTION ON 09/1In017 UNLESS THE BACK TAXES ARE PAID. TO MAKE PAY- MENT, OR TO RECEIVE FUR- THER INFORMATION. CON- TACT THE CLERK OF COURT IMMEDIATELY AT 2300 VIRGINIA AVE, 2ND FLOOR. FORT PIERCE. FL34892, 772- propert2y6 ay be redeemed through the St. Lucie County tion Camounts and rl struc- rans, please contact Me Tax Collector, 772-462.1650. Date Mis 7th day of July, 2017. MARGARET RAHAL, Deputy Clerk Clerk of the Circuit Court, St. Lucie County Pub: August 7, 14, 21, 28, 2017 TCN 1684848 NOTICE OF APPLICATION FOR TAX DEED Tax Deed File No.: 16-487 NOTICE IS HEREBY GIVEN, that theKEVIholtle, " Me N C. TANG ("a"'N certificate has filed said certificates for a tax deed to be issued thereon. The certificate number and year t Issuance, the descrin- the namtion es in wR lrt was assessed are as follows: Certificate No.: 2014/3728 Year of Issuance: 2014 Address- 1191NDIAN HILLS DRIVE, FP PIERCE, FL 34892, 772.462- 6926. Property ay be deemed through the St. Lucie County Tax Collector.For redemp- tion ousts d InatraC. tios, please contact Me Tax Colleccon 772-462-1650 Mi . Date s 7th day of July, 2017. MARGARET RAHAL, Deputy Clerk Clerk of the Circuit Court, St. Lucie Couptyy Pub:Au9ust7, 14, 21, 28, 2017 TCN 1684861 NOTICE OF APPLICATION FOR TAX DEED Tax Deed File No.: 16-489 NOTICE IS HEREBY GIVEN, that TLGFY, LLC CAPITAL ONE, N.A., AS COLLATERAL ASSIGNEE of Me TL11 GFY, ULC he tificate has fled saitl cer hficates for a tax deed to be issued thereon. The car. tificate number and year of theueanuc�e, rty. azld the names In which it waz assesses are as follows: Certificate No.: 2014/3849 Year of Issuance: 2014 Andress: 1752 N DOVE TRAIL R. UNIT A, FP Pro arty Description: PFPESERVE AT THE SAVAN- NAHS CONDOMINIUM (OR 2351-1298) BLDG "UNIT A OR 3987-283) Parcel ID: Narne(s) in Which DOAsssessed: JAMES OREFICI Said property being In the County of St. Lucie, State of Florida. Unless said certificate shall lawredeemed e P gal rty`desle ,bed in such certificate shall be old to the highest bidder by electronic sale 11th of September, golf at https:// stlucie.clerkauction.com at 11:00 A.M. WARNING THERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN OR IN WHICH YOU HAVE A LEGAL INTEREST. THE PROP- ERTY WILL BE SOLD AT Ptl LIC AUCTION ON 09/11nD17 UNLESS THE BACK TAXES ARE PAID. TO MAKE PAY - ax Qe Applicatbn MENT, OR TO RECEIVE FUR- THER INFORMATION, CON- TACT THE CLERK OF COURT IMMEDIATELY AT 2300 VIR- GINIA AVE. 2ND FLOOR, FORT PIERCE, FL 34892, 772-462- 6926. Proper%y may be reaeemed through the St. Lucie County Tax Collector. For redern tion ounts and i %ruc. tions, yledse Contact lead Tax Callector,772-462.1650. Data this 30th day of lune, 2017. ANGELA RIGGINS, Deputy Clerk Clerk of the Circuit Court, St. Lucie County Pub: August 7,14, 21, 28, 2017 TCN 16835603 OTICE 0 A!}�IPPL C Tlt R TAX DEED Tax Deed File No.: 16.509 NOTICE IS HEREBY GIVEN, thatTLGFY, LLC CAPITAL ONE, N.A., AS COLLATERAL ASSIGNEEOF TLGFY, LLC the holder of the foliowinpgce iincates has all tax deed eta he issued thereat The cer- tificate number and year of the pF? arty, and the niemes In wRIcR It waz assessed are as follows: Certificate No.: 2014/8248 Year of Issuance: 2014 Address: 2056SETRIU4PH RD, PSL Propert DescdyytL SOUTN PORT ST &E -UNIT 15- BLK206 LOT 21 (MAP 44/025) (OR 918-1677 THRU 1684'3026-1567) Parce Name(s)In4Wh'Ich Asses ed/8 IAIPARGAS SINGH A -I SUR- VEYSTAKESINC Sala property being in the County of SL Lucie, State of Unless certificate shall be redeem aotoralm to law the r described p operty In such certificate shall be bold to the highest bidder y electronic ale 11th f Setluc,e.cla kauctionptember, 2017 at https:a/ .com t 11:00 A.M. WARNING THERE ARE UNPAID TAXES ON PROPERTYWHICH YOU OWN OR IN WHICH YOU HAVE A LEGAL INTEREST. THE PROP- ERTY WILL BE SOLD AT PUB- LIC AUCTION ON 09/11/2017 UNLESS THE BACK TAXES ARE PAID. TO MAKE PAY- MENT, OR TO RECEIVE FUR- THER INFORMATION, CON- TACT THE CLERK OF COURT IMMEDIATELY AT 2300 VIRGINIA AVE, 2ND FLOOR, FORT PIERCE, FL 34892, 7/2- 462-6926 Property y be redeemed through Me may wtie County Tax Collector. For demp- tion amount and rinsmuc- tions, lease contact the Tax Collector. 772.462-1650. Date this 12th day of July, 2017. MARGARET RAHAL, Deputy Clerk SClat Luce Courk of the ntyuit Court, Pub: August 7,14, 21, 28, 2017 TCN 1687430 OTICE 0 AAPLICA TAX DEED Tax Deed File No.: 16-488 NOTICE IS HEREBY GIVEN, Mat TLGFY, LLC CAPITAL ONE, N.A., AS COLLATERAL ASSIGNEE OF TLGFY, LgLCMe tiHweeohaMsefiled said cer- tificates for a tax deed to teentThe cer- fcteumberand Issuance, the descrpiton of pwcR twa d the names In as assessed are as follows: xQ tattoo the names In Which It was assessed are as follows: Certificate of Issuance: 2104917 Year being 'n the Lucie, State of Date this 12th day of July, 2017 MARGARET RAHAL, Deputy Clerk Clerk of the Circuit Court, St. Lucie Counh Pb: August 7,14, 21, 28, 2017 TCN 1685976 0 Buy & Sell fast! TGALM Walk& TAAXX DEED oTa EED Tax Deed File No.: 16.491 NOTICE IS HEREBY GIVEN, that TLGFY, LLC CAPITAL ONE, N.A., AS COLLATERAL holderNof Me fo`.w;nLgC Me tificate has filed said cer cer be Issued( thereon. The ce . tificate number and yearof issuance. the description of Wi� Itwa'.dUessedare as follows: ANGELA PIDGINS, Deputy Clark Clerk of the Circuit Court, St. Lucie County Pub: August 7, 14, 21.28.2107 TCN 1683278 OTICE 0 PPLIC 0 FOR TAX DEED Tax Deed File No.: 16.490 NOTICE IS HEREBY GIVEN, that TLGFY, LLC CAPITAL ONE, N.A., AS COLLATERAL ASSIGNEE OF TLGFY, LLC the holder of the following ce tificate has flea d ertifcaces for a tax deed to be issued thereon. The certificate number and year tf Issuance, the descr. ion afthe, property, a d Treasrxre Coast Newspaper Monday, August 28, 2017 7C axQ Appi� aX Qeed Appl C8t0 Date this 12th day of July, 2017. LEGAL INTEREST. THE PROP- ERTY WILL BE SOLD AT PUB - MARGARET RAMAL, Deputy Clerk LIC AUCTION ON 09/11/2017 UNLESS THE BACK TAXES Clerk of the Circuit Court, St. Lucie County ARE PAID. TO MAKE PAY - MENT, OR TO RECEIVE FUR - A. TCN 1686000 THER INFORMATION, CON - THER TACT THE CLERK OF COURT IMMEDIATELY AT 2300 VIR- GINIA AVE, 2ND FLOOR. FORT NOTICE OF APPLICATION FOR PIERCE. FL 34892. 772-462. TAX DEED 6926. PropaRy, y be redeemed Tax Deed File No.: 16.494 througtl the St. Lucie County Tax Collector. For NOTICE IS HEREBY GIVEN- ,ademp- tion amounts and nstruc- that TLGFY, LLC CAPITAL tions, pleaza contact Me Tax ONE. N.A., AS COLLATERAL ASSIGNEE OF TLGFY, LLC Me Collector, 772-462-1650. Date Mis 7th day of July, 2017. holder of he followin tificate hs fletl said car- MARGARET RAHAL, be lssuedithereon The cert Deputy cork, Clerk of the Circuit Court, tificate number and year of St. Lucie Countyy 14, 21, 28.2 PCN 'Sconce, the description of 16849357, Ib.'c Itwasa° a.cdare as follows: NOTICE OF APPLICATION Certifcate No.: 2014/4813 TAX DEED Year of Issuance: 2014 Address: 620 N COCONUT AVE. CTY Tax Deed File No.: 36-549 NOTICE IS HEREBY GIVEN, that Property Descriytion: RIVER PARK -UNIT 2- BLK 15 EQUITY TRUST CO CUSTODI- AN FBO TIM GREENO ROTH LOT 21(MAP 34/22N) (OR 2969.164 IRA the holder of the follow - Ing has filed said Parce11D:3419.510-0163-000/1 Name(a) in Which Assessed: .ertifcate rtrfcates for A tax deed to be Issued thereon. The cer. SINGH SINGH/ JAY PARGAS Issuance, the deascrriipti n of Said property being in the County Sc. Lucie, State the p rty, end the names In it of of Floritla. wRidR was assessed are as follows: Unless id certificate hall be redeemedc rdingg to Certificate No.: 20/4/9572 In Bruch the cewf ca a shallbed Addrof l suance: 2014 old to the highest bidder 229 SE TRAMONTO ST, PORT by electronic sale Ilth of September. 2017 at https:// 5tlucie.<lerkauction.cam et STLUCIE Pro rt Description: TESOR0 PLA T NO. 15 (PB 11.00A M.WARNING Parcel 10.4411 LOT 3-50D-0048000OR %6 THERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN Names) in Which Assessed: TESORO PARTNERS LLC/ OR IN WHICH YOU HAVE A LEGAL INTEREST. THE PROP- IAGDISH MISTRY e Said property being In the ERTY WILL BE SOLD AT PUB- LIC AUCTION ON 09 11 D17 n Count of St. Lucie State Florida. UNLESS THE BA K TAXES MA ARE PAID. TO MAKE PAY. Unless said Certificate Shall deemed c ruingg MENT, OR R RECEIVE FUR. THER INFORMATION, CON- la ed lawtheuch prop rty tlshe e m such certificate shall TACT THE CLERK OF COURT bidder old to the highest bidder IMMEDIATELY Al 2300 V.ORT 2ND FL, byelectronicsale 11th of Sat111- bar. 2017 at http5:e/ PINIA ERCE, F, 772-4 2- PIERCE, FL 34892, T72-462- 6926. Property may be redeemed 1:0() A.M.clerkauction.cam t 11:00 A WARNING th Tax 2hthe SL Lucie County Tax Collector. For damp- "ed""" THERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN tion amounts and tions, yleasecontact Me Tax OR M WHICH YOU HAVE A LEGALINTEREST. THE PROP- CoNacton772.462-16511. Datethi512thdayofJuly,2017. ERTY WILL BESOLDATPUB- LICAUCTIONON 09/11/2017 UNLESS THE BACK TAXES MARGARET RAHAL, Deputy Clerk ARE PAID. TO MAKE PAY - MENT, OR TO RECEIVE FUR - Clerk of the Circuit Court, St. Lucie County THER INFORMATION, CON - TACT THE CLERK OF COURT Pub:Augusc7,14, 21,28,2017 TCN1687423 IMMEDIATELY AT 2300 VIR- GNIA AVE, 2ND FLOOR, OR NOTICE OF APPLICATION FOR TAX DEED PIERCE, FL 34892, 772.462- 692erty ay be redeemed Tax Deed Fie Na.: 16-501 through the St. Lucie County Tax Collector. For redemp- NOTICE 15 HEREBY GIVEN, tion amounts and inahuc- tions, �leazecontact Me Tax that HAEYOUNG KONG TANG FOUNDATION the holder of Collector, 772-462.1650. Date this 23rd day of lune, the following certificate has 2017 fled said certificates fora tax deed to he Issued Mere- Margaret Rahal, Deputy Clerk an The certificate number and ye of Issuance, the Clerk f Me Circuit Court SC Lucie Countyy aaa"iption of the pro art . pub: Aug t7, 14, 21, 28, 2017 TCN 1666465 was assessed are as follows: Certificate No.: 2014/6111 NOTICE OF APPLICATION FOR Year of Issuance: 2014 Address: 57p1 CRESCENT PSL TAX DEED Tax Deed File No.: 16347 yyAVE. PPr.ORT STD LUCIEtSECTION IB- NOTICES HEREBY GIVEN,thal BLK 698 LOT _281 7(MAP 44/ION) 934203B5610425000/0 JAMES CHU the holder of fled said atestfo as Par el IDOR Names) In Which Assessed: MID A DUMONT cerer tax deed to be Issued there - on The certificate number Said property being in the St. Lucie, State and yy r of Issuance, the tiessvip[ion Cl ui"of of o. of thin Pwhpehryt a unless said certificate shall was assessed are as follows: be redeemed according to law the described Certificate No.: 2010/11789 prop rty Isuch certificate shall be Yearofissuance: 2010 to the highest bidder 312 SE VIA SANGRO, PORT ST bsold y electronic sale 11th f September, 2017 at haps:// LUCIE Proyerty Description: tlucie.<lerkauction.com At 11:00 A.M. TESORO PRESERVE PLAT NO.2 (P8 44-I5) LOT 140 (OR WARNING THERE ARE UNPAID TAXES ON 3177.1284:3195.1011) Parcel ID: 4414.600-0147-000/7 PROPERTY WHICH YOU OWN OR IN WHICH YOU HAVE A Name(5) in Which Assessed: TARPON IV LLC bllc_ � b c ot)c NOTICE OF PUBLIC HEARING -PLANNED DEVELOPMENT REQUEST Notice al hearing W consider approxal of a concurrent conceptual and paliminsry W pian and sdeptim at an admme to —approximately 9.66 acres hon CL, UMl dl Cammetdal to Po, Planned Dmebp—LThe subject of the loafing is a reposed by Kander Acgdd lone Corporation to devebp a Project W Ile known as Vero Beach SgaarePo.The pyectpoposeshM,titestore,relml,,s uram,andfastfoodwMd,Wthnhgh nsa.Theadl site area consists o1 approximately 9.66 acres brated et 5125 20th Street (betitaxi it. edsthg Applebee's ad Somy's ORO) m the saM side of SR 60 (see beaten map). A pubic hemag, at which parties in interest and ch a s shall have an opportunity to be head, will be held by the (bard of County GAnealsa m us of ledim RNer County, Florida, In the Cairty CannisaM Chambers of the Gamy Adrdnhoatim Building, located at 1801270, Street, Vao Bach, Fbdde on Tuesday, September 12, 2017 at 900 a.m. Please direct planning-rdatedqueetimn to the C mens Dawlapmmt Pit Section at 772-226-1239. All docummts paelning to On request ere an file In it, Indian law, County Planning Damurn, be. at 1801 27thSteet wltcn MUM 'W of thea Canty Adminisbatian Comptes. Drcuments may be ravku d by menkera of he pcU, dining nomml bus acts hours.All members of the public are irwixt b anend and parkapate m the public heanco. Anyone who maywhh to appeal anydeisioq which may be made at this meeting, will need te ensure meta wxbatim rand of the powailnas h made, which includes testimony and evideroe upon why the appeal h based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABIUIIES ACT (ADA) COORDINATOR AT 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. —" q M INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Wanda Scott, Gifford Economic Development Council ADDRESS: 4306 26' Avenue, Vero Beach PHONE: 453-3181 SUBJECT MATTER FOR DISCUSSION: Gifford Economic Development Follow -Up IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? Fx7 YES F-1 NO IS THIS AN APPEAL OF A DECISION ❑ YES Fx I NO WHAT RESOLUTION ARE YOU None – For Information Purposes REQUESTING OF THE COMMISSION? p ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES F-1 NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail X Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: September 19, 2017 F.\County Admin\ExecAsst\AGENDA\Public Discussion Items Formdoc P464 In. U_ 2 . 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: Reza Torkaman ADDRESS: 470 121' Pl., SE PHONE: 772-501-5365 SUBJECT MATTER FOR DISCUSSION: Utility Policy on tenant non-payment IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1 YES Fx__1 NO IS THIS AN APPEAL OF A DECISION Fx —1 YES ❑ NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Change Policy ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES Fx__1 NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: September 12, 2017 DocumenQ P465 1.1.. A COUNTY ADMINISTRATOR MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THRU Jason Brown County Administrator FROM: Suzanne Boylll " v Human Resources Director DATE: September 6, 2017 SUBJECT: Collective Bargaining Agreement between Indian River County and Teamsters, Local Union No. 769 — FY2017/18 General Wage Increase The collective bargaining agreement between Indian River County and the Teamsters, Local Union No. 769 provides for a wage reopener to negotiate a general wage adjustment for the second and third year of the agreement (FY2017/18 and FY2018/19). The parties met on several occasions to negotiate a wage adjustment for FY2017/18. Tentative agreement was reached on August 16, 2017 to provide a 2.5% general wage increase effective the first full pay period in October. This wage adjustment would increase the minimum and maximum of the pay plan for each position represented by the Teamsters. The proposed agreement was submitted to the Teamsters membership and ratified by the Union on September 5, 2017. The wage 2.5% wage increase is presented to the Board of County Commissioners for approval. FUNDING: Funds are budgeted and available in the FY2017/18 budget to provide for the recommended wage increase. RECOMMENDATION: Staff respectfully recommends approval of a 2.5% general wage increase for employees represented by the Teamsters, Local Union No. 769 effective the first full pay period in October 2017 and requests the Board authorize its Chairman to sign the amendment to Article 33 - Wages of the collective bargaining agreement providing for the general wage increase. ATTACHMENTS: Proposed Amendment to Article 33 - Wages of the Agreement between Indian River County and the Teamsters, Local Union No. 769 and Exhibit A P466 FIRST AMENDMENT TO OCTOBER 1, 2016 COLLECTIVE BARGAINING AGREEMENT THIS FIRST AMENDMENT by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "County', and the TEAMSTERS UNION LOCAL NO. 769, hereinafter referred to as the "Union". WHEREAS, effective October 1, 2017, the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period October 1, 2016 through and including September 30, 2019; and, WHEREAS, Article 33, Wages, provides for bargaining unit employees to receive general wage increases, anniversary increases, and lump sum payments, if any, mutually agreed to by the County and the Union. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Article 33, Wages, shall be amended asset forth in Exhibit "A". 2. The remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date below written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By Joseph E. Flescher, Chairman Date Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney TEAMSTERS UNION LOCAL NO. 769 By Steve Myers, Jr., Business Representative Ratified by the Union on the day of September 2017 Attest: Jeffrey R. Smith Clerk of the Court and Comptroller By: Deputy Clerk P467 EXHIBIT "A" ARTICLE 33 - WAGES 33.1 For fiscal years, FY 2016/2017, 2017/2018 and 2018/2019 employees will receive a 2.5% anniversary increase, or the same increase as non-union employees under the County Administrator's purview if greater than 2.5%, not to exceed the top of the employee's pay range. Bargaining unit employees who are topped out in their pay range shall receive a lump sum anniversary amount in the amount of $800 for FY2016/2017, $1000 for FY2017/2018, and $1200 for FY2018/2019 (prorated for part-time employees), or the same amount as non-union employees under the County Administrator's purview if greater than the stated amounts not added to their base upon successful evaluation. Employees within the established lump sum payment amount (prorated for part-timers) of the maximum of the range shall receive an increase in base pay up to the maximum of the range and shall receive the difference between that amount and the established lump sum payment in a lump sum payment. Any anniversary increases or lump sum increases after the expiration of this Agreement shall be subject to collective bargaining. 33.2 For fiscal year FY2016/2017, bargaining unit employees will receive a 3% cost of living increase effective the first full pay period in October 2016, or the same increase as employees under the County Administrator's purview for fiscal year FY 2016/2017 if greater than 3%. For fiscal year FY2017/2018, bargaining unit employees will receive a 2.5% general wage increase effective the first full pay period in October 2017, or the same increase as employees under the County Administrator's purview for fiscal year FY2017/2018 if greater than 2.5%. For FY 2017/201 Q and 2018/2019, the parties mutually agree to reopen this section and collectively bargain future general wage increases. Any general wage increases after the expiration of this agreement shall be subject to collective bargaining. 33.3 For the life of this Agreement the promotion probation pay increase shall be 5%. P468 33.4 Full-time employees who actually work established full-time shifts (8 hours, 10 hours, etc.) that start at or after 1:00 p.m. or before 4:00 a.m. will be eligible for shift differential at a rate of 5% of the regular hourly rate for the shift worked. Any shift beginning between 4:00 a.m. and 1:00 p.m. is excluded. Shift differential is automatically added to the regular hourly rate for the purpose of computing overtime pay. Any employees receiving shift differential, whose established shift is outside the stated guidelines, will no longer receive it. 33.5 For the life of this Agreement, if the County identifies a bonifide recruitment and retention issue for a bargaining unit position, the parties may meet to discuss and present practical solutions to address the concern. Nothing herein is intended to expand the rights and privileges extended to the Union pursuant to Article 33.2 of this Agreement with respect to wage reopening and collective bargaining process for FY 2017/2018 and FY2018/2019. P469 11.13 Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: September 14, 2017 SUBJECT: Hurricane Irma Yard Waste Tipping Fees This is to advise the Board of County Commissioners that pursuant to Resolution 2016-120 and Section 101.10 of the Indian River County Code of Ordinances, I have directed that all landfill tipping fees for yard waste, including yard waste exceeding 3" in diameter, be waived for a period of one week (the normal charge is $22.00/ton). This waiver of fees was made effective Wednesday, September 13th, 2017, and will continue through close of business on Wednesday, September 20th, 2017. RECOMMENDATION: It is requested that the Board of County Commission ratify the Administrator's decision to waive landfill tipping fees for yard waste and vegetative debris for the period of Wednesday, September 13th, 2017, to the close of business on Wednesday, September 20th, 2017. P470 11, C. Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: September 14, 2017 SUBJECT: Hurricane Irma Storm Related Vegetative Debris Pick -Up This is to advise the Board of County Commission that staff has issued a Notice to Proceed to the emergency debris contractor, Ceres Environmental, to begin clean-up of vegetative debris on public roads in the unincorporated areas of Indian River County. Pick-up for vegetative debris is to begin during the week of September 18, 2017. After Hurricane Matthew, the Board approved collection of debris on private roads. There are certain requirements for this type of activity in order to be eligible for FEMA reimbursements. Attached is information related to this. Prior to commencing work on private property, the Board must declare that it is in the public interest to have the debris removed from private rights- of-way to eliminate immediate threats to life, public health, and safety. A written request for approval must be made to FEMA, and in an effort to be proactive, staff has begun gathering the information to submit to FEMA. In order to be reimbursement eligible, prior approval must be obtained. Staff recommends the Board make the determination that it is in the public interest to clear the vegetative debris from the private rights-of-way. Staff additionally recommends that work on private rights-of-way does not commence until such time as the work is approved as eligible for reimbursement and the required approval is received from FEMA. P471 r Indian River County Emergency Management Division r M- Sqmembzr K 2D17 G A preliminary assessrreent bl County stef estimates that there is a Imt IM.430 r cubic yards of ve2etatiete debris from Hurricane lm3a. it is possibie that this tipm reit increase as assessmerts ooratinue. Therefore, the County wig have a special storm related ve2etat`ae debris collection begit€rsing treat vreek for Mg Rod in the unincorporated area of Indian River County. The County is woftV with Fit to determine if €irrrdirrl wit be avabbie for wDection of stomn related vegetative debris on Private Roads. We will pmovise updated information Ykwerw it beomes ava.Sable. PWie be awl re that Nss is subject to cl srae due to Hurricane lrmi► s knpact. The fob we .sorr4e Quite**s for preparing veaezative storm debris tot pick-up: • V* .a cirri trasc tae p2m d acur ccc r. r* rra.*a,1s or tzMaat =0 ret p= VIM t^tes M W) rrpeoe tQ%qY?Wt usto to re -0* OM -•s Y,tg cc tri Sara.^o oe pc ec rt tept�t PrV* VrO=Ve oe= W3 to er p*ec_Vp,~ gt . woot.roorxwimo:; cetm racers r"e gwcs air, as ^crgt a }Z'statat src v�get r cr= as it marts it tri ow -to to rtcyc* or V%rM 00 �t MM pis =0 ra pLt t21Mt~,, tt1ra am fv= cam, 0e rtycram 0r" meerre. or Any o: ei Lr .....Z 'w1cf"z, For Fre ,*ntlyAsWQuest' :hV./Avvvircrecyoies.00mooestoebtisF .pdf Plem be arm tbart dwr4&Q amy type of debris from prime subdWisions onto . pubkc ttsa%arys or tat disposirg of debris in a 3epl manner is subject to cotfts pf atm by the Corrttty�r P472 6. Debris Removal from Private Property (Requires Prior FEMA Approval) In limited circumstances, based on the severity of the impact of an incident, FEMA may determine that debris removal from private property is eligible under the PA Program. In waking its determination, FEMA evaluates whether the impacts of debris on private property affect the general public in that community and whether the Applicant has legal authority to perform the work. If debris on private properly is so widespread that it threatens public health and safety or the economic recovery of the community, FEMA may provide PA funding for debris removal from private property. This debris removal must be in the public interest, not merely benefiting an individual or a limited group of individuals within the community. 177 Clarification of Demolition versus Debris In such cases, FEMA works with the State, If more than one wall of a structure is Territorial, Tribal, and local governments to standing, FEMA considers the removal of that structure to be demolition and not debris designate specific areas where debris removal from removal. Demolition is subject to additional private property, including private waterways, is documentation to determine eligibility and eligible. must comply with Chapter 2 Section VI.B.26. (a) TEritten Request Prior to commencing work on private property, the Applicant must submit a written request and receive approval from FEMA. The written request must include: • A public interest determination; • Documentation supporting the Applicant's legal authority to remove the debris; and • Indemnification. The Applicant needs to identify the specific properties or areas of properties for which it is requesting approval. Public Interest Determination The Applicant must provide the basis for, the determination that removing the debris from the private property requested is in the- public interest. The determination must be made by the State, Territorial, Tribal, county, or municipal government's public health authority or other public entity that has legal authority to make a determination that disaster -generated debris on private property in the designated area constitutes an immediate threat to life, public health, or safety, or to the economic recovery of the community at large. P473 Additionally, the Applicant must submit its established, specific legal requirements for declaring the existence of a threat to public health and safety. Legal Authority and Responsibility The Applicant must provide documentation to confirm its legal authority and responsibility to enter private property and remove disaster -related debris. This includes: Citation of the law, ordinance, code, or emergency powers for which it is exercising its legal authority to remove debris from private property. The authority cited must be applicable to the condition representing the immediate threat and not merely file Applicant's uniform level of services. Typically, solid waste disposal ordinances are part of an Applicant's uniform level of services and not a justification for entering private property to remove disaster -related debris. Confirmation that a legally authorized official of the Applicant has ordered the exercise of public emergency powers or other appropriate authority to enter onto private property in the designated area to remove debris to address immediate threats to life, public health, and safety. Indemnification The Applicant must indemnify the Federal Government and its employees, agents, and contractors from any claims arising from the removal of debris from private property. (b) FE -M.4 .4pproval F13MA will provide a written response to the request specifying any properties or area of properties for which debris removal is approved. The Applicant must provide confirmation that it satisfied all legal processes and obtained permission requirements from the property owners (rights -of -entry) and agreements to indemnify and hold harmless the Federal Government before FEMA will provide PA funding for debris removal from private property. (c) Debris Removal from Gated Communities llebris removal from private residential property within a gated community is not eligible. However, if the debris is placed on a private road within the gated community, debris removal from the road may be eligible in accordance with the eligibility and request criteria listed in Chapter 2.VLA.6(a). (d) Debris Removal from Commercial Properly Removal of debris from commercial properties, such as Industrial parks, golf courses, cemeteries, apartments, condominiums, and trailer parks, is generally ineligible because commercial enterprises are expected to retain insurance that covers debris removal. In very limited, extraordinary circumstances, FNMA may provide an exception. In such cases, the Applicant must meet the requirements of Chapter 2.VI.A.6(a) and (b). (e) Driplicalion ofBenefils The Applicant should work with private property owners to pursue and recover insurance proceeds and credit FEMA the Federal share of any insurance proceeds received. In some r P474 circumstances, FEMA may provide ]A assistance to,individuals for debris removal: consequently, FEMA PA staff will coordinate closely with ]A staff to ensure FEMA does not fund the same work under both programs. P475 I1, D. Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: .Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: September 14, 2017 SUBJECT: . Hurricane Irma Recap Provided for the Board of County Commissioners information is a recap of events related to Hurricane Irma, and the current status of recovery operations. P476 Hurricane Irma 09/19/2017 9/20/2017 ( I, iJ 4 7� Hurricane Irma 09/19/2017 Hurricane Irma 09/19/2017 9/20/2017 V. • �'�..�.'iiE s _ ��: ,r -^`r � ��j,:;�,�1��a':s�rC �`~/'f/%ri �Y�f�'w!. - - r y`lat� 11 Hurricane Irma 09/19/2017 9/20/2017 9/20/2017 Hurricane Irma Sebastian Inlet ectors 1 & 2 sector 3 FDEP Critically Eroded �G R ' i,,` Areas Sector 4 no Win' COMM .. •ON ector 5 6 ector 7 �� •' G ' ',�;, . !�� �. Sector $ a St. Lucie County J g,.wcoaRrn - L3 xti yni 09/19/2017 Hurricane Irma y_ Y.1__. , 3`._ `�.�. i'� �S✓ `��_°� - iR'..^.Ys A X31 _ .i ..: `Ars; � .'u,.f' .s. �� - -• F" ••.'�. ..=-r�s.��, `.�. �. ,j:f - 'i... .-�.?,,fit/.. �■®.' .. RE 09/19/2017 Hurricane Irma t 09/19/2017 9/20/2017 %7f- 6 Hurricane Irma 09/19/2017 Hurricane Irma 09/19/2017 9/20/2017 �' � a � _.,,�` = �� � , ,�, .. aC .s ._ _ �v� ...�. �-x- �4�s•i� i �,�; . ,� � n � ��� .yny��? � ��C.s,�. Hurricane Irma 09/19/2017 9/20/2017 G>>6-9 12.A.1 INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Roland M. DeBlois, AICP Chief, Environmental Planning DATE: August 30, 2017 RE: Recommendation of Award for RFP No. 2017054: Archie Smith Fish House Dock Restoration It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of September 19, 2017. DESCRIPTION AND CONDITIONS In 2007, the Board of County Commissioners purchased the historic Archie Smith Fish House under the County's environmental lands program. The subject waterfront property, listed on the National Register of Historic Places, consists of approximately 1. 15 acres located at 1740 North Indian River Drive within the northern city limits of Sebastian. Structures on the Archie Smith Fish House property consist of the main (principal) house, a boat dock and an ice house (on the dock). Those structures were substantially damaged in the 2004 hurricanes and are in disrepair. When the County acquired the property in 2007, plans were to rehabilitate the main house for use as a small museum/visitor center, repair the dock and provide boat access, and restore the ice house. Since acquiring the property, the County has removed a dilapidated residence from a portion of the property west of Indian River Drive and has secured the remaining structures to prevent further deterioration. In 2014, in conjunction with a grant received from the State Division of Historic Resources, the County contracted with an architectural/engineering firm (Atelier AEC, Inc.) to produce restoration design plans for the structures on the property. In coordination with county staff and with County Historian Ruth Stanbridge, Atelier AEC, which specializes in historic properties restoration, completed the restoration design, including plans for restoration of the historic dock at the site. The estimated cost to fully restore the Archie Smith Fish House main residence/office, ice house and dock over a five-year period, as currently reflected in the Board approved Capital Improvements Element (CIE) Five -Year Schedule, is $1 million (see Attachment 3 to this report). Of that amount, $275,000 is projected to come from cost -share grants, with the remainder to come from optional sales tax funds ($500,000) and boating improvement funds ($225,000). P477 In March 2015, the Board of County Commissioners authorized staff to apply for a Florida Inland Navigation District (FIND) Waterways Assistance Program (WAP) 50% cost -share funding grant for phased restoration of the dock in accordance with the design plans. FIND approved the County's grant application, but at a reduced grant award amount of $100,000, compared to the requested FIND grant amount of $241,600. Consequently, county staff, in coordination with the project architect, submitted to FIND a reduced scope / revised cost estimate for this "first phase" of restoration of the Archie Smith Fish House dock to reflect the reduced scope of the FIND grant funding award, as indicated in the following table: Scope/Cost Estimate Based on FIND Grant Award Archie Smith Fish House Phase IIA Dock Restorations FIND Waterways Assistance Program Project Project Elements Estimated Cost FIND Cost County Cost Reconstruct main dock, including electrical and fire protection work and construct 4 boat slips $181,800 $90,900 $90,900 Historic site architectural oversight $18,200 $9,100 $9,100 TOTAL $200,000 $100,000 $100,000 This past May, a bid solicitation was advertised (Bid No. 217054) to obtain the services of a marine contractor to perform the dock restoration work. Bid Results The bid solicitation results are summarized as follows: Advertising Date: May 24, 2017 Bid Opening Date: June 30, 2017 at 2:00 pm DemandStar Broadcast to: 184 Subscribers Specifications Requested by: 33 Firms Replies: 1 Firm Pro osing Firm Location Underwater Engineering Services, Inc. Fort Pierce In soliciting bids, the county broke down the project into alternate components, so that the County could retaining flexibility based on availability of funds for completion of each component. Those alternate components are summarized as follows: Alternatives Description "Core" project FDEP & ACOE permitting, restoration of main dock, including electrical and fire protection work Alternate 1 Synthetic decking of main dock in lieu of wood decking replacement Alternate 2 Ice house new piles and support framing, repair to floor and roof Alternate 3 Install complete wood deck east of ice house Alternate 4 Install wood ramp and landings, floating kayak dock Alternate 5 Install fixed boat dock slips at east end of existing dock Alternate 6 Stainless steel connectors throughout in lieu of hot dipped galvanized connectors 2 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780EA42B\@BCL@780EA42B.rtf P478 As summarized in Attachment 2 to this report, Underwater Engineering Services' bid for the "core" project restoration is $423,994, with bid prices for the alternate components ranging from $10,594 (Alternative 6) to $157, 370 (Alternative 2). In reviewing the submitted bid, staff coordinated with the project designer (Atelier AEC), which considered the bid reasonable in light of construction costs as they currently exist. This matter is now being presented for the Board to consider authorizing staff negotiations with Underwater Engineering Services, Inc. to conduct the work for the core project and potentially for additional alternate components, within the approved budget of the CIE five-year plan. ANALYSIS The overall dock restoration, as designed by the project architect, entails reconstruction of the existing dock, restoring the associated ice house, adding a deck east of the icehouse, adding a floating dock and kayak landing, and constructing four boat slips at the terminus of the dock. The two key components of the dock restoration project are reconstruction of the main dock and ice house. Staff supports use of synthetic decking and stainless steel connectors in reconstruction, to promote durability and reduced maintenance costs in the long term. Based on Underwater Engineering Services' bid, the cost for these components is summarized as follows: • Core project dock restoration: $423,994.00 • Synthetic decking (Alternate 1): $33,740.00 • Restore ice house (Alternate 2): $157,370.00 • Stainless steel connectors (Alternate 6): $10.594.00 Total: $625,698.00 Although the cost of the key components noted above exceeds the cost estimate for the first phase of dock restoration associated with the awarded FIND grant, the cost is just $698.00 over the CIE five-year schedule budget for combined fiscal years 2016/17 and FY 2017/18 (allocated funding $625,000). Funding As reflected in the CIE Five -Year Schedule for FY 2016/17 and FY 2017/18, $100,000 is to be funded with FIND grant funds, $300,000 by optional sales tax funds, and $225,000 by boating improvement funds. Staff recommends that the Board consider increasing the boating improvement fund allocation by $698.00, to cover the bid price of the key components referenced herein (for total funding of $625,698.00). RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize award of the bid to Underwater Engineering Services, Inc. in the amount of $625,698.00, and authorize the Chairman to execute the sample agreement after review and approval by the County Attorney as to form and legal sufficiency, after receipt and approval of the required insurance by the Risk Manager and after receipt and approval of the required Public Construction Bond. 3 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780EA42B\@BCL@780EA42B.rtf P479 ATTACHMENTS: 1. Drawing of Archie Smith dock restoration alternate components. 2. Underwater Engineering Services, Inc. Bid Sheet. 3. Current approved CIE Five -Year Schedule of Capital Improvements. 4. Sample contractor agreement. 4 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780EA42B\@BCL@780EA42B.rtf P480 Wtld 19 I � •> I I d 4 a 4 'a a11 6, a I� 3d3 I iP.b q.bb %I $ypp yy I I dffl �b3��Ad ?� �• &x ��6' ��� AI �7 gg@3 �• pypy$ g R x I 7 '' R xa g � b gei ill I$ 7r sill .99951 g py 11JIM ; ;. q[II`j RQ iF Plid' X 4 P O 0 + agp 3R jg4 $ q 4 `0 � 9 �z -- 413 ---- I $: q N. d l & bell a I �� 4az.�.;°' a. r m 3 'log fill D p g, �a Qp}9�p5 yFBi �y a I I � C1 I i �R p Y�R� P7a e>?�j: � Y 9 ;J,�AG•t lid p Y7 �� fit I A y t I All ------------ -!' 9, Feel" fl'I l I aha � { $� �q z4 ap3� a , u-�mR yy $`ao©x � D�3 Site Plan - Ex(sting /Proposed$ -I l m,Z- ARCHIE SMITH FISH HOUSE RESTORATION ; ?0c gr Sebastian, Florida 1 �s "M Z1 Indian River County Purchasing Division 1800 27"' Street Vero Bea4h, FL 32960 Phone (772) 226-1416 Bid #: Bid .Opening Date and Time.: Bid Opening Location: Bid Farm Archie Smith Fish Mouse Dock Restoration 2017054 June 30, 2017 Purchasing Division 1800 270' Street Vero Beach, FL 32960 Addendum 1 Updated Bid Form 2:00 P.M. In accordance with all terms, conditions, specifications,°and requirements, the Bidder offers the following: lltemUniit price Q Extended Price nt<, 1. Mobilization and FDEP and ACOE per;mittin $ 28,465.00 1 $ 28,465.00 2. Restoration and modification of $ existing wood pier; 186,818.00 1 I $ 186;818.00 3. Removal of detOriorated _submerged $ 100,520.00 1 100,520:00 ihn P gs 4.51te Work $ 33,554.00 1 $ 33,554.00 5. Electrical Work $ 49,432.00 1 $ 49,432.00 6. Fire Protection Work $ 25,205.00 1 $ 25,205.00 i Total Sid Price .$ 423,994.00 Four hundred, twenty --three thousand, nine hundred and ninety-four dollars Total Slid Price in Words Acknowledgment of Addenda Receipt of the following Addenda are hereby acknowledged as follows: Addendum No. 1 , dated 06/21/17 Addendum'No. , dated ATTACHMENT 2 P482 Addendum I Updated Bid Form item Alternates Est Refer to Spec Section 10230 + Sheet Unit Prke - Extended Price ALO Quantity 1. Alternate No.1: Synthetic decking in $ 33,740M 1 33,740.00 lieu of wood decking at existing pier 12. Alternate No. 2: New piles and support framing for existing historic Ice 157,370.00 157370.00 House and necessary repair to floor and roof .3. Alternate No. 3a: Furnish and install complete wood deck at east side of Ice 53,778.00 1 $ 53,778-00 House, including piles, framing, decking, lighting and railings . Alternate No. 3b: Furnish and install complete synthetic deck at east side of 57,436.00 $ 57,436.00 Ice House, Including piles, framing, decking, lighting and railings 4. Alternate No. 4a: Furnish and install complete wood ramp and landings, and floating dock with variable ramp, $ 76,628,00 76,G28.00 including piles, framing, decking,. lighting and railings Alternate No. 4b: Furnish and install complete synthetic ramp and landings,, and floating dock with variable ramp, $ 79,516.00 1 79,616.00 including piles, framing, decking, lighting and railings- ailings5. 5.Alterriate'No. Sa: Furnish and install complete wood fixed boat docks, including piles, framing, decking and $ 60,107:00 1 $ 60,107.00 railings Alternate No. 5b: 'Furnish and 'install complete synthetic fixed boat docks, including piles,.,framing,, decking $ 68,.978.00 1 $ 68,978.00 and railings 6. Alternate No. 6: Stainless steel connectors throughout in lieu of hot $ 10,594.00 10,594.00 -dipped galvanized Page 11 of 26 ATTAmiumn 2 P483 Addendum 1 Updated Bid Form Archie Smith Fish House Dock Restoration — 2017054 Project completion time after receipt of "Notice to .Proceed" or PO: 180 DAYS The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices ;shown any or all of the items above, :subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provislons of this solicitation shall not be cause to after any resulting contract or request additional compensation. Company Name: Underwater Engineering. Services, Inc, :Company Address: _ 3306 Enterprise Road City, State Fort Pierce, Florida Zip Code _ 34982 Telephone: (772337-3116 Fax (772)337-0294 E-mail: aconnelly@uesi.com / tpeterson@uesi.com Business Tax Receipt Num 9626 St. Lucie ° _u ty FEIN Number: 59-2405375 Authorized Signature. Date: June 30, 2017 Name: Charles Vallance Title: President (Type/ Printed) Al IACHMENT Page 12 of 26 P484 Comprehensive Plan APPENDIX A: FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS Capit811mprovements Element Community Development Department Adopted December 6, 2016; Ordinance 2016-16 -Al 00 to Page A>l Pdarlty Ranking -i ,Fugy =HighcytP'lorty,5 13xpenditures M2016/17 FY,2017/18 RY2018/19 FY 2019/20 FY1020/21 Total ,Revenuesbocce Fnnded2, sLow¢sfP'lority Notes Archie Smith Fish House Restoration SI00,000 50 5125,000 s0 SO $223,000 FIND Grant Yes I Archie Smith Fish House Restoration SO 501 550.000 SO so SS0,000 DHR Historic Grant Yes I Archie Smith Fish House Restoration so 5300,000 $200,000 s0 so 3500,000 Optional Sala Tax Yes I Archie Smith Fish House Resomtion 5100.000 $125,000 s0 S0 s0 $225,000 Boating Improvement Funds Yes 1 Conservation Areas- Miscell. Boardwalks% Pieru'PaMlions(See Notes) $125.000 $125.000 S12S,000 $125A00 $125,000 5625,000 Park Impact Fats Yes 2Bonrdwniks,overlooks, pavilions. and similar structures to fulfill FCT Conservation Areas- Miscell. Boardwalks/ grantobligations at the Piem'Pavilions (See Notes) $25,000 525,000 525,M) 325,000 $15.000 5115,000 Land Aequsition Bond Proceeds Yes2 Oyster Aar Mush CA, Hatlstrom Farmstead CA. South Oslo RiverGant CA, Conservation Areas - Miseell. Bdard'walks/ Homt Oake PiarsrPaviliom (See Notes) 550,000 SS0,000 WAN 350,000 $75,000 $275,000 Upland Mitigation Find Yes 2 Tract CCA. Round sland A d Island s a South CA, Wab*"o Scrub, CA, Cypress Bend CA, and other FCr cost -shaft: Conservation Areas - Miscell. Boardwalks/ runded Conservation area PieriMs.itions (See Nota) 5150,0b0 S150,0061 $150,000 s 150,000 5300,000 5900,000 Optional Sales Tax Yes 2 aequisiuong. Round Wand Riverside improvements S90A00 5 0 50 F Grant Yes 1 Round Island Riverside Improvements 595,604 SO 0 S0 35 95,6 Boating Improvement Funds a 1 Round !eland Rivttside Improvements _$181,915 SO $0 SO 181,915 Secondary Roads Yes 1 Tota Fxpen ittrres 917.51 $775,000 725,000 350. $515,000 53,2825 19 Community Development Department Adopted December 6, 2016; Ordinance 2016-16 -Al 00 to Page A>l Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: • Mobilization and FDEP and ACOE permitting; • Restoration and modification of existing wood pier, including electrical and fire protection work, using synthetic replacement decking and stainless steel connectors; • Removal of certain deteriorated submerged pilings; • Site work; and • New piles and support framing for existing historic ice house and necessary repair to floor and roof. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Archie Smith Fish House Dock Restoration RFP Number: 2017054 Project Address: 1740 N. Indian River Drivel, Sebastian, FL ARTICLE 3 —TERM AND CONTRACT TIMES 3.01 Term: This Agreement shall remain in effect for a term of one (1) year, unless otherwise sooner terminated by mutual consent of the parties. 3.02 Time of Completion: Project shall be completed, to include approval by the Building Division days from receipt of the Notice to Proceed. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Proposal, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Page 1 of 6 gyTwim n 4 P486 Numerical Amount: $ Written Amount: ARTICLE 5 — PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been 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 CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 —INDEMNIFICATION 6.01 The CONTRACTOR shall indemnify and hold harmless the OWNER, 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 "misconduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Request for Proposal documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data Page 2 of 6 P487 concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLES - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 7, inclusive); (2) Notice to Proceed (3) Public Construction Bond (pages_to__, inclusive); (4) Certificate of Liability Insurance (5) Invitation to Bid 2017054 (6) Addenda (numbers _to_, inclusive); (7) CONTRACTOR'S Bid Form (pages_to__, inclusive); (8) Bid Bond (pages_inclusive); (9) Drug Free Workplace Form (pages_to_, inclusive); (10) Affidavit of Compliance (page_); Page 3 of 6 P488 (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages—to _, inclusive); (12) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 — MISCELLANEOUS 9.1 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.2 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.4 Severability A. Any provision or part of the Contract Documents held to be -void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either parry against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. Page 4 of 6 P489 9.6 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. 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 yublicrecords ircgovxom Indian River County Office of the County Attorney 1801271h Street Vero Beach, FL 32960 Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Page S of 6 P490 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf This Agreement will be effective on 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY .2 By: Joseph E. Flescher, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Roland DeBlois Title: Chief, Environmental Planning and Code Enforcement Address: 180127`' Street, Vero Beach, FL 32960 Phone: (772) 226-1258 Email: rdeblois@ircgov.com Page 6 of 6 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (if CONTRACTOR is a corporation or partnership, Attach evidence of authority to sign.) rim Recommendation of Bid Award for Archie Smith Fish House Dock Restoration Board of County Commissioners September 19, 2017 0 � � i Je �• - a.a�Ns°ids ixsry� --'c� �• :f�' -. y '� �Y ;: .., - INFORMATIONAL MAP •NOTA SURVEY Location Map hrcbieSauthFisbRoase 09/19/2017 lad• R 1 moi. `���`�+� �`', � ` � `��, tea �5� A � � 4r ..•*�M "aj�il� � �, �.aC ,..t- `" Via. � �*4 ,� � �.Q�`'�k ./`// �3 ^ � }` �ia� I., i_. e'{S .a���� -. }� �.-=% `� <:�-� .. a 09/19/2017 Archie Smith Fish House 99 Phase IIA Dock Restoration ATELIER C•^t:.w _ Rcc Mmct4 boat slips Oil k r Addtlowingdock .. T::.e.,..............». 1 fm kq k I".g It - ' b�IC�104 Restore dock cumnty . duepsv Rkit (Nese: otr ehcsidaice and ice I.— rettoratias 140b N n � Archie Smith Fish House Phase IIA Dock Restoration ATELIER _ Rcc Mmct4 boat slips k r Addtlowingdock .. T::.e.,..............». 1 fm kq k I".g It - Restore dock cumnty . duepsv (Nese: otr ehcsidaice and ice I.— rettoratias N n � .Dock restorati winIII 1066n PC f -= f- Z/ - ° \ Boat,slips (Ice • �" +; i 00 W 1 hous -De 7 e~ Rail trolley ° exhibit Gam.... TltAL F2 I w od FIND Grant Summary 3 I :- II EMPha97e-11.1 ADock Restorations I� ro�ect Elements ®�County Cost Reconstruct main dock, including electrical and fI re protection, construct MM$90,900 4 boat slips Historic site ral ersight architectuov $9,100 O A I $200,000 I $100,0 0$1000 00U 09/19/2017 y��� 4 Bid Solicitation Advertising Date: Bid Opening Date: DemandStar Broadcast to Specifications Requested: Replies: May 24, 2017 June 30, 2017 184 Subscribers 33 Firms 1 Firm Proposing Firm: Underwater Engineering Services, Inc. Alternate Components 09/19/2017 y0/' 5 11T• • Permitting, restoration of main dock, including electrical and fire protection Synthetic decking of main dock in lieu of wood decking 18 Ice house new piles and support framing, repair to floor and roof Install complete wood deck east of ice house Q Install wood ramp, landings, floating kayak dock Install fixed boat dock slips at east end of dock Q Stainless steel connectors throughout 09/19/2017 y0/' 5 Key Components Underwater Engineering Services' bid for key components ("core" dock restoration, ice house restoration) • Core project dock restoration: $423,994.00 • Synthetic decking (Altern. 1): $33,740.00 • Restore ice house (Altern. 2): $157,370.00 • Stainless steel connectors (Altern. 6): $10,594.00 Total: $625,698.00 Capital Improvements Element 5 -Year Schedule Estimated cost to fully restore Archie Smith Fish House main residence/office, ice house and dock (over 5 year period): • Cost -share Grants: $275,000 • Optional Sales Tax: $500,000 • Boating Improvement Funds: $225,000 Total: $1 Million 09/19/2017 Capital Improvements Element 5 -Year Schedule Current allocation in CIE for FY 2016/17 and FY 2017/18: • FIND Cost -share Grant: $100,000 • Optional Sales Tax: $300,000 • Boating Improvement Funds: $225,000 Total: $625,000 UES Bid for key components (core dock and ice house): $625,698.00 ($698.00 above CIE allocation) Staff Recommendation • Staff recommends that the Board authorize award of the bid to Underwater Engineering Services Inc. in the amount of $625,698.00, and . Authorize the Chairman to execute the sample agreement (after review by County Attorney and receipt of required insurance and public construction bond). 09/19/2017 yJ/- 7 12. 6. 1 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: September 12, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Authorization for Southern Management to Provide Emergency Restoration Work at Spoonbill Marsh due to Hurricane Irma. DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) owns and operates two (2) regional potable water treatment facilities. The North County Reverse Osmosis (NCRO) Water Treatment Plant is rated for 11.44 million gallons per day (mgd) and provides critical potable water to County customers. The facility includes a brackish water wetland treatment and disposal site named Spoonbill Marsh (Marsh). Demineralization concentrate from the NCRO water treatment plant is transmitted via a 16 -inch diameter pipe and blended with Indian River Lagoon water at ratios to achieve compliance with Class III marine surface waters, then discharged to a 69+ acre marsh before exiting through runnels to the Indian River Lagoon (IRL). The Marsh is operated under the specific conditions referenced in the Florida Departmentof Environmental Protection (FDEP) issued Permit Number3l-FL0166511. On September 4, 2017, Florida Governor Rick Scott issued Executive Order 17-235 by declaring a state of emergency to prepare Florida for Hurricane Irma. On September 7, 2017, County Administrator Jason Brown issued Emergency Order 2017-001 and declared a state of emergency for Indian River County in preparation for Hurricane Irma. Hurricane Irma impacted the County on September 10, 2017, bringing in heavy precipitation and violent wind gusts. The severe weather caused silt to be deposited in the spoonbill pump sump, eroded banks, washed away portions of the access roadway to the site, and caused extensive site clogging of the two major runnels (WIM-001 & WIM-002) that serve as the primary outfalls from the marsh. The strong winds and storm surge from Hurricane Irma uprooted vegetation and damaged portions of the boardwalk. Due to the significant amount of silt in the pump basin, the pumps conveying flows from IRL are currently inoperable, which in turn affects our ability to comply with the FDEP permit requirements. ANALYSIS: In order to comply with FDEP permit conditions, it is essential that the Marsh needs to be restored as soon as possible. Southern Management has performed maintenance at the Marsh and has intimate working knowledge of the best management practices needed to restore such a bio -diverse marsh to P492 compliance with the FDEP permit requirements. Prior to the storm, staff reached out to Southern Management for an emergency response after Hurricane Irma passed. They were on site to perform debris clearing (not removal) to access the site and assess the damages. A preliminary assessment of the damage and a cost estimate was dropped off to IRCDUS on Tuesday, September 12, 2017. Purchase Order Date Description Amount 78167 9/6/2017 As needed debris clearing and site repairs $ 10,000.00 78167-01 9/12/2017 Change Order 01 Pump Road Erosion Repair $ 4,858.00 Pump basin / Manatee Fence Area Repair $ 28,735.00 PO Subtotal $ 43,593.00 9/19/2017 Mosquito Ditches Clearing/ Cleaning $ 36,500.00 Runnel Clearing/ Cleaning $ 98,450.00 Additional Emergency Work Subtotal $ 134,950.00 Contingency $10,000.00 Sum total of Spoonbill Restoration from Irma $ 188,543.00 The intention is to have the subject restoration performed as soon as possible. However, due to the high water table and unforeseen issues, there could be additional effort required to restore the site. The above items are initial estimates of the needed restoration. Actual work will be catalogued through man-hour breakdown, equipment, and material used for documentation purposes. The contingency line item is to be used for any unknown issues that may appear during the restoration efforts. Therefore, staff recommends authorizing Southern Management to perform emergency site restoration from Hurricane Irma impacts. Additionally, there are some non -emergency items that will need to be addressed at a future point in time. They are not critical to the operation of the site now, but will be required. Those items are listed below: Non -Emergency Repairs/Restoration (estimate) Amount Boardwalk Repair $ 17,935.00 Boardwalk Decking $ 975.00 Floating Mats $ 1,650.00 Maintenance Road between Mixing Ponds $ 3,950.00 Northern Mixing Pond Road $ 4,850.00 FDOT Ditch spillover area $ 9,750.00 Sum Total $ 39,110.00 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@8COD07FD\@BCL@8COD07FD.docx P493 FUNDING: Funding for site restoration due to Hurricane Irma at the Marsh will require a budget amendment from the Fund Balance for the Utilities Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount Spoonbill Marsh -Site Restoration due to 47121936-033490-17026 $188,543.00 Hurricane Irma RECOMMENDATION: Staff recommends approval of the proposal authorizing the outlined services and requests the Board of County Commissioners direct the Purchasing Manager to issue a Purchase Order for a lump sum amount of $188,543.00 to Southern Management and waive the competitive procurement process. In addition, staff recommends approval of a budget amendment to cover said expenses. ATTACH M ENT(s): Spoonbill Marsh Hurricane Irma Damage Assessment Report C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@8COD07FD\@BCL@8COD07FD.docx P494 Southern Management 6945 49th Street - Vero Beach - FL . 32967 772-473- 1577 DATE: September 11, 2017 TO: Vincent Burke, Director, Indian River County Utilities FROM: Beth Sernbler, Southern Management SUBJ: Spoonbill Marsh Hurricane Irma Damage Assessment Report Please find enclosed a copy of the "Spoonbill Marsh Hurricane Damage Assessment Report" which contains detailed documentation regarding the damage Hurricane Irma inflicted on the IRC Utilities Department Spoonbill Marsh Wetland System. This facility is a critical component of the North county regional potable water treatment plant and is the disposal site for demineralization concentrate discharge_ The Spoonbill Marsh system is permitted to the county through the i Florida Department of Environmental Protection (DEP) through an Industrial Waste Permit. It is the county utilities department responsibility to monitor and maintain the operational permit. In order to remain in compliance with the DEP permit, it is critical that the damage is repaired so the marsh system functions as permitted. This report contains photographs, assessments and scope -of -work recommendations from a field visit to the Spoonbill site on September 11, 2017 as Hurricane Irma was still exiting the state of Florida. We walked cross sections of the approximately 28=acre marsh system in order to provide thorough and accurate recommendations. Enclosed you will find two maps of the Spoonbill Marsh Wetland System: A black -and -white map showing major site boundaries, roads, mosquito ditches, runnels and ponds. A full-color Google Earth photograph of the site on which we have labeled numbers (1-14). These numbers correspond to the approximate site location where damage assessment photos were taken. These photos are included in the report and the photos for each area are found in the tabbed section with the same corresponding number found on the Google Earth photograph. P495 Southem Naqagement Spon fibill ivlarsh OwTicane Irmi DamageA Usessment Repor Page.2 Enclosed, in.th. ietabbed sections you Allfihd; Photos of damage found on site. These photos were ere taken at c6 Iledion points and are representative of'the darnagefbu d within each t Ab bed h 'Category. Parnage assessrn- ent summa -ries Scope of work_recommendations ani ,estimated cost WO are happy to provide add,dional infomationand answer. any.questi . omyou might have perWiningto this matter: 2 P496 INOW1111ILMarsh Hurricane Irma Damage Assessment Report Recommended Repairs: The items in red are the scope of work items that are criticz t in order for the Spoonbill Marsh system to function as designed as a key part of Indian River County's potable water system. These critical components are also key to the county remaining in compliance with the Florida Departmiant of Enviromweintat Prolectian'sliNetlanu" Treatment System Permit, SpognbiWPump Read Erosion: $4,,868.D0 Boardwalk: $17,935.00 Boardwalk Deck: $975.00 WIM Ditch1i.-, $2,275.00 Ditch •2: $2,275.00 M-OsguitoDitches: $36,500.00 .PumoBasin!Mani3the:Fbnce-AreA:- $28.735.00 Floating Mats. $1,650.00 Maintenance Road between Mixing Ponds: $3.950.00 Runnels: $98,450.0p Northern W709 Pond Road Boundary: $4,850.00 DO!'Ditch Spillover Area/DOT Ditch. $9,750.00 P497 o- ♦ Spoonbill:,Pump Road Erosion Boardwalk WIM Ditch I Mosquito Ditches P498 Spoonbill PurnpRoad Erosion. - Damage Assessment Summary: This roadway ismain . road from the parking ,area, to the pump station... The. tidal surger was approximately 3 --feet over the road bed. most of the erosion occurred when the water retreated from the flooded inland -areas. The woad bed acted as,a conveyance the water to seek the pth of least resistance to return to the Indian River Lagoon. Scope of -Work Re Commendations! Approximately 12 triaxel Iboads (240 tons 11 base material is needed for of road/she la I repairs—Proper elevations and pitch .need to.be restored so the road will whiihuousty. perform in thismarshAdditionally, washed-out road .material -will need to be excavated out the ad a-Oent,ditbh to ensure, roper fti j p nage, Total estimated cost for mat;e(iol/equipmentfitib'ot*.,$4858,.DO Cj P499 �ry k * •est �� 4}i ••7'i ...N• i t � .h .'�T ^.'i..�y 1. "-'_:'_.<%.t 2:..� x t`"- . i. ...s .f ''fit .t �'���. '`L;`" •.` � ..'1'Q,t.". _ �i.1 •' ' i 1 ti:` , •.I `� �'✓t rt 1�. "} : T • v �,, t,. �- �..'T '�l ' ' .•�r i� may: . • •: �; y_� +�: '.�'}! ..as � r' }! +,r ` r4 �, ^ '..'' 't J.- t1e� �. +�+��b ..aR ri '„, � a 4'�� i �i•I., �tY',,,����''. .1 J� }.'1' 1 't "ti'r' '� i � ^ k � / 1.♦ � t �� ^1.♦, ., � i^-i 4L ±,w.' 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Ott (idS ` '' �ti •°' L*i' ', +, "`�'.hiF���t`^r�,r• rq fi"+y-r'Vi„R :.-8 { 14 O"� {• - ' �', '� _ t• - � P �' Al �' �� � � . � f t �`tXi o +�h� 0'•4.. ,. ` t J �'.ff.-�. .r ' C ia,•r' '+`t1t • } '� o" .' A r to ,' "� . .. f. tXVII�``r*,r .3,•,[% 4 - '.'� �.• '', tk.t� �i � t .4' �4�' n7 � w ^ y . '' .S s i f'i�� +it. �1 • ��G'"� a �• •� ti t - t � • .• Boardwalk:. Damage Assessment Summary: Numerous Mangroves blew over on top of _boardwalk during high 'gh winds, The boardwalk is .impassable. The Mangroves areimpacted on railing r and pickets and 'underneath the boardwalk surface. Scopt -of Work Redommendafions- k6rhove overhanging Mangrovescutting back awayfforn each side of the boardwalk.. Remove and clean entire_ boardwalk -surface of debris. Remove debris from site. Total estimated cost $17,935.00, P503 %' � 'ty, r ' �� r Yy.�• fit ( � *• ,. * !�'4 ±�,.,r"' „} � }. 'j�� �#� s . � .kyr«ji ��.� ` _.. �•�i� �""7��,,? � ak{ r '�'1'r.�'�'"• ` :�jt �e J�. f �T.'. 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' t• T } +,- r ` isu, ,f,.y` •`r•Yt'tr..?.. rtt t3�r{yr` tr `!itch �.'fiq t... i �, 4.. `c i , ,-'.,,,'4„' �` 's y ',,..,"F • �,t fi��r 3! {� t> ,,,r , r y C:i +1ri•, r '� *L 5'a. `': :'t'•�"' j i'-'' •,'�:•1a. ki �+ 1 i� t tw. `i •.t` t �' tV., r, r �i. it. ► .. wa: �4}�"fi ��: e.: r' �i S -. �.. �f: a !:'f. I.h+• .�. •�,� t �• ! �-'�', ,• it t �: �� �,i rr r� ♦tt� '��`�'��ftjt'�:��1t�''?y .� ��•, .t�R i-� :...'r1. •}ri. �!k. Ys'.r;•'i,�'{�t'. 'r �,+: *¢. �t •(,�- � � ij }, 411 r7- �*t1��`'-�"ys4,.' •_}; �.�a. Ri. '^+`. t' 1:�r7:;� t`.i ,iR, 47 .y �?` Fr � ��:fN� F � �,�. it.let t-} � .,,•r���" �w.s'l�:� tr111i��h�f;"i� ,�� �C3,,,� a �, iFTw �. ��.� 1� �� �{a y1� Ott ��'}/i.iitid<S R}S41 11,i ♦ -!y' �* "w/ -r 4t ^ }.��{ ' ►�"'"�,`( �""Y` ' �; . 4`��, a "r r� r t" " '�`,.},„�`:+�", Cort � _ i n� t t t `.1 `'`.r -t '.�� -._ �s + s: - �.t r t"',p{tti+!i.Y�'•a r ►' . �a. ;. z _.� 1 � ,,� .}tti,;2,. r- r' � •�. - t `}',4~ . t ' trs-....±}.. h "'.� !" � ,� �� "�. �1.t` • a "'�%K� . 7'•��. J}Y.i:.` � _ �' . � } 1 ,�1 r � 4 L^�j,-�y ''s ^,�`�►1' t r 'n-,• � i7�''. ti.. _yt�i�'c .. - a{ .. Ti �_` _ , -'' :. i., � .`Y. `'F ~'•moi v� s(+' `+t t rr' �r `r. r .'y i-. T+' '►,._ ;�tt `r' 1i .�y.��}`� x} •'tA ` ���Yy'�} `.i � � i j fii, . t jjr t . ,, • f r � ti ' qtr" * t . .. � . ! ,� ��: t - jr"ty�li�yr?� - • 3`�C A ^� !Stir x-. „�.��� �. � . � •f. .fes :C�,. � ' t ��� ti'M.-y �' Y � }. x i ��. � •", ry ,� �1 � rr �, Yes, ,.' r _ � 1 P7" 41 + 44 ..•'"". ice, ',�:%.. ""�'"yYC•v �, r _ a'; ^�Jr 4 , v,,...�+,�,+ r} �� .+.{ "� •.,, '�4, :`fit S' � fixc.v • `v,� .. �'�� •�.... � it : `r �`�+syr ''�I� - - SSC` 'i Ik AL of Boardwalk -Deck: Damage Assessment Summary - 'Boardwalk deck, Trailing and pickets have -ver -minor structural thafi 50 boards. Most of the damage is relatedto fractured 6oardsj however, there is damagewherethe board,',hasa complete holis creating a t0pi-mand'-fall hazard. Scope df'Work Recommendations: Remove and replace damaged boardwalk deck, railing and pitkets as -needed Anthe past the county has .provided the material (hardware' and lumb&).. Total estimated cost (iabor ohly)t $97.6.00 P510 P511 { , Sample Vegetative Dump: ( i Damage Assessment Summary; Please see the enclosed photo which is representative of the vegetative dump following Hurricane Irma. The hurricane force winds broke Mangrove limbs, toppled trees, striped leaves and scattered large amounts of vegetative debris (creating thousands of beaver dams) throughout the entire Spoonbill Marsh system. This debris is clogging the manatee fence, mosquito ditches, runnels. WIN bitches and is impeding the proper flow of water throughout the system. Without the conveyance of water the system cannot function as designed. The entire Spoonbill Mangrove root system is permanently established in tidal waters. Any increase in wind causes these Mangrove root systems to become easily dislodged. During a high wind or hurricane event, these Mangroves topple easily and create a dense mat of horizontal vegetation on the wetland surface area. Scope of Work Recommendations - Because the impact from the vegetative dump is so extensive, it .Is important that we ,address its removal and the various efforts rewired to do so in greater detail. You will find those detailed damage assessments and specific work recommendations in the tabbed sections found later in this report, P512 cn w _ VIIIWDIIWh `f Damage .Assessment ..Summary: There Is a-significant.amount of vegetative debris;(leaves, jobt balls,..limbs; trees) blocking')NIM bitch 1, which is:the mein northern drainage ditgh that drains from the Spoonbill Marsh into the lgdiarr River'Lawon. These bi*ckages anus# be removed in ordar fort e dater to drain properlyrrci the eysterrr funciion; Scope of Work Recommendations: Re ove all. debris from the interior ditch banks.:This is very tedious and time_. �gonsuming work that will require debris removal be. done .by hand because these-arees cannot be reached by:heavy equipment These are environmentally sensitiVe- meas. Dispose debris outside ®f ditch banks so it will not migrate back into dtainage:ditch: Total eiAjrhated rott: $Z92-7-5.00 P514 � t Fr 5 ;,'..MT vf co � ��"'"`.'`, _ •f•r'�`',+.�� �,... � 1 `' f�' � ` �.a. t � "`.i r * ��.. ' x ��,,,f.�,.�,r.,.,, �„ � � , �,• f...-«..._...-... �, , �.,. fl. 711 . v•.^i. xf, w"s '"'_ � ' '�f ;'. K � ' ' 3 �`.' * � t� t �`ry 4 +� ,.jt �'",''t, > y` :♦r:+. �.. 1.«' • TT`,•r►4 •jtaf •• !jj ! y4F ritrd�� � iir� rt . 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A� f1 •4� r 1 tf � • .y �' t. �I�,��'�� � ">'�°`�'.'�- ..�•t�7"t,��r� ,;'ti`�s� +�., � � AT � �',i� 'it ts, t ,Y �r �s tea/ t•, , ;,:+' �..�,. .t.� ♦i t,{4t.;,rel.'.`a�1Ct�.,C►:.'TL,'±,�. iterwL:titic��i�'i.�'dRSir'�.Sii4.4. t 'f'`����G�6:��f '•4;�r`''�.�..1�''. ���`k9� �� '�j�'� ic �►Alift} IV t . � � .`�4 � . r rY` � p .. •� �,. Y ,yc' f ✓' 'yi► i�. a :�. �'�'. -.^•'1-•7�, �� •� �:t���t ','r. X11, ,1• �y r # .r•"� •��...�� t `r•�+r. � s i'r�• ' �.t "jai' +t t t ,. Y "Rr ,„ � ". o � •y) r .:.+r •�;"��~•Yj`s:-'i �;. .� r �,�i` �� Y'yT■///�[ � 1� Ali «+� � ' '� ,' -�' ^'• "'.,;,�. r. ,y,,i "i of r . J,�; _ ��'+� � � r '^i .� T y. ,� . +i ♦► tir � �Srx ti •.z , � . ' f._,+, * ,t. �s z w �6 ..sem—�•�'- }�,,� ` �' , "! -.,.. _ - e .r i �� t r ' _ �f,i* � r `.,�'. �� ,R ti�.• '! �y� �.rtJ;, � fi •`✓.�'� . �•'' � ' • ^ '' _ M Ste* x a ."�v � ,i� �. ^kIr. N ✓ ...fKla_ r.,y,.,T�t 'r « ., f f' ` f,.� ra It � E } {�y}� .. ^.�`. , t '4.15. ♦ ' �-• r �iC . ## '• ri:Yt• "?� f' xs '*`•,'s� '( ,�dy•hf'iu, s..'- i;"ilk , lk4 OD Ul) pr 0- {� ��t![, � fir✓ t -^� t �� _ , t Q} 1 �;tt r� •.'� *r w � h .tit .�� �1:.�,�'t\�..:t t.!:.slr^_.�.'� '� -tom.. .til fit .:��"•[_rr,t r t...a."� $�.+ P519 wim Ditch 2: Damage Assessmeht 'Summary: There -is a eignincant amount of vegetative debris, (leaves, hoot balls; limbs; treat) blocking.WIM Ditch 2, which is the main s6uthetn drainage ditch tliat drains from the Spoonbill Marsh into fhe Indian River Lagoon. These- blockages mu.sf be removed h order for the water to drain properly, and the system tQ functi©n. Scope -of Work Recommendations: Remove all debris from the interior -ditch banks. ` his- iS.very tedious and time- Consuming work that will recluir® debris removal be .done Oy hand because these areas cannot be reached bv--hawty equtprnerTt:These ,ar€:- rdnmentally-sensiitve areas. Dispose debris outside of ditch bei 4 so It mall not rnigre to .book into drainage -,ditch. Total -estimated cost: $2,275.00- Qle P520 I �, .I r:I hot, �� .,1. *` �} , /�'7i•' �'' � r :�.. • `' 4' 1 `y .4;, y � . Y.t i,� t ` i _ `�'�, `. ti � in k;J'. -� 1$ it Wrlp fir r'' "'^��' r ".�.�,t ~ - ti C• •`� .tom+, i _ •. .* t, „ •• .?fir; *`''� ti� ` •^ .r i � ter'( y • •��+�� 5�� { { rl •A� ? , 1. � �` ••* 1 f M1 a t y� % F • � t j � ` a ,F7►"`•in�,,. ^+ �' kri�M,w FR� �� +n4 "� ,tiN �ft;F+iv '4.. v L•. -•'ti .Y'x �.••y�.ltr 1 (: `� j 1 � H. y � r�)lh•I•''y�C a •.,. i4t ��,,,.,.,� �.. J 714 I. t•:.Y ��'w. �'s � � .} r�•t*�? ;t�?ui'+�, ins �'''�S ��+c�y ,� ti r, ��`�1 r� r • t � R f.. ; ,�. aM.y�r ���.� . t... . tit • wS w tR�iJ'_[i,..rr"..`� _. � �tr �S" r r •r (. � MiR fi � rX:' i '�f t„ ,a E i � � r• .ice � + + � y ♦� '.i *' CI it a rsl� )/_r, r jJ ."'�.. •.. r.t..Y� � "� '.�• � } j�. X. mow. y. �.. .,i��.' 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R' \Zc��.;,��_, y 4r 1 `1 A01 P524 - '� '";. � ~ �',+` Ott, � �s •`"� • x 1\,{�f�i}�. y` �' Imo+► cr,� : /i��� f' '����[+ . `iiX . ♦ . ,�.� ,—i .q: n��' ., .'a •'t -a �y n, 1 ,"�,�•yy �i�iG-"'�+,+,, fi'"' �`t f• r. . . •'<' �"r .,. � i 11.`•x, V/ t ir` f T N # •x • •.}"�',a'r Ty,r f. "�!: .� ��+-i.-.+r ''' i .r` r :i,�//�'� �Sfjp•FY1, r' !' '' •il'' '!". . r 11 1i t • ;� ♦ .Ct,"�r.�•��;»?� iie "� .+ r _' � yw..► wi =i� .. •�� ��'�`,�.�$�,��• or L i,J .�3�rr � �Raa .l - ., rt "ti. ,m•. • ,�, � I `t � . ' � «t• t` i �.� �-t i,'rit��"J � H �� " ' '1 • +.' 4!a} 5 ' 1 ?Y _+ •' .� .;�• ir4••K� .!!'�'j�� ,fs" .i i'JG�i��.� a 1. '�`� � E � �1.•. � ,�7' ,.a. Afy,a,.•,�,Lt` •�"`'�A`�E3' �r^rljdt~'i"tmikum'�•:a:'!r•. • w :`t .+ �7 to , F � IND • x,r" { •i` �.;.a.. .i`�•.•ts�{o,ayr��rl� y.✓ � j,.*e,�«.�>�..,�...•,rG . 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J j, t j,� ?ir, F�,r�.it .: `Ts'1 ♦ r •.%5. + T i LI, ! ��� t. r�%� � frit //+_�'y W � .�+e t •'♦ �3 � "fit a r" i��r}i i� ,'4 ` •+� �(�af� ,, 1 _,,:t`u ',r.'. w.r��y�.y�,•,"' '+t' yy 1� r♦ # N jt," . !t.'S ' "A i/ t ' (` •�"'"• ""'� t' r�+.,a ��,✓a�rl� � »r hr.`ii�i ,ri ��. "'`v." a+ri s u1) f, �. ` ! „}{ i.] , tii •� / �,:.a' � i'+• ;��. r ,<` 'a �/ } �iT`��� j}*' /T/i • .. a. �A! 4 T vt .r a4 yNN (,A��IIII/.��� . r � .t„'• .c.. � �i�.i'�� "� a s ��l1��4'#+,.. r•\ _ .�..�'.,i�t3�t I� Mosouito Ditchew 1 Damage Assessment Summary: There is a significant amount of vegetative debris (leaves, root balls, limbs, trees) blocking the Mosquito ditches. These Mosquito ditches tie in from the eastern ends of the runnel system to the WIM ditches 1 and 2. These ditches meed to be cleaned in order to be able to convey water through the Mangrove forest area, flee of the photos shows Grassilaria that was pushed -at the peak of the Tidal surge -approximately 200 - feet from the edge of the Lagoon up into the Mangroves. Scope of Work Recommendations: Remove all debris from the interior submerged Mosquito ditch banks. These Mosquito ditches are very deep (over V in areas) and they will be very hazardous to clean. This Work m. Ust be none by band and cannot be done using heavy machinery. As a result this work will be very time consuming. We will dispose of debris outside of ditch banks so that it will not migrate back into the drainage ditches. l.y Total estimated cost to clean eastern 1000 feet of Mosquito ditch that dies directly into WIN ©itch 1,and WIN Ditch 2. $36.,500.00 P526 -W rt P528 � � �� •i ,r ��' t ' ; �`!+f 1 •'1 X ."" ,' e . 'f ' { � y', e'7M1" � � t-L �. -� it �^.i/ '. � S � - t� +t } ,� • #r i �v y y eta 1 ,� ^r t? (#3 r'da _� z .fc -`-r.• ! '"--.Cts: .' .n Y' y'v— N4, '.rid" t r' + '•"i. r ,� fff{{{��' � '' tic:t,., :.. �-. �'C:f ��� �� r,p„ =l r � � �' G �r•�r-J ..a �""' � ` �•;.5y.�.4., �. ...'�'1 1 .tw � r � .-, '},c;;, � "`" ���:-�Yr. i.4j � �+~"�s •�� .�..%.:: �_ '`` � ,,;,,, - -#,'�JifiL+c, '. " ` .�' , � r3. , ; {+ �/+��,,` 4�, � /, �1 it 1}^-.' �1 i'S4,•�'r �` ~ t� :��,} ..^ter (}��''��,. y, iA--.r"'�7'"��`' _ .,.. �..�• "rt'rt�`T` �'w.'`';. +:G" . f'^`• .i.yr,:.. r'�4'�^' R1 , ; y `�"'�`�. 7��� �' "l k � y Sr} l• Y ..��, .1 �`�S�' i.= �i ' t ��,frj' = � �^ ..,.e. -c, .,;M.'u'. .�'X15+!i+i�.�•*,:.�,.�r,�•�.:ar7S�n�'�u"���� ,` •"����';:� i.'•f'`=''i".� 't"� ' `�. �,r�,�' � { �} ,�J •. •"'s'!,`^-'^•�.t r i^f_ 4 -�v� •" ': !i)"..� ! .xn.. •�Rij�!'�,,a`. R / #In���,��,,� �` �.- � . {. 1y"`?�.., �¢.,.rM%,••-� '.7 •,,.�•�,'F'.-�^�w,,�•w t �' „� - '•..-uw _"._'..R""��, �..t �z•T7rr�+r r�rS"y�..,.�[, �a#• �� � App tyk ` • • r ! :."?�R�l` JM;�: a � `3.,.�,fi.y„ .y,! .... -` ...:n _.r�Ai� ��e `moi ' �.�� •�'' y �': ,l ! f A/fY' ^ rF+1 %7� "." } �. f{=...-•} + T �* - 'ifs i^�"\r ' y+� T ,{ • R �. � j�'� . tiiC. . � .. • �'i". d-,7' - M�+ '� �,,�4 hf� .. �u n \« •,� • i •'i ir, .,. x� • v.�y?" _ „r�.''"i� f r �. .s .�..-� t!. `. ,"M-..f' ' Y.. yt:''`v4�}�-f � tT �� , s t ,�, � ,. � � ' i > 4V. ,, { '�: `,s�,.\� 1, r, ♦ }� yaw •., '!+t!' rt. `tom � ,l ^ �t.� ,�.1 y * •y�`"�1t!�!"*"'�• ,�yy#""�::.; tf ..�, i� ''` , -V.r� � � `'SFS '"- yY �•'+. wy�a !�{''�. �L y.. t-'4' ♦F *„+rnt #�• , �t - '� t ~�Y #' art 1�`:.. ` ' -+'- Q ce) LO (L 4 LXI Pump Basin/Manatee Peace Area; Damage Assessment Summary: As the photos will show, the tidal surge and wave action filled the pump basin area with sandlsilt and road -base material. Photos will also show the silt that was built up inside the basin area that was pulled out of the Mangrove Marsh as the water retrearied- back towards the Indian Diver Lagoon. The basin has a variety of mixed vegetative debris, both inside and outside the pump station area. The basin gap area (as the photos show) have been filled in significantly With sand. The. Manatee fence area seems to be structurally intact, however, it will need to be clean as it is impacted with vegetative debris. This is one of the most critical parts of the pumping system to maintain and .keep clean, so as not to damage the pumps themselves. Scope of Work Recommendations: Install a temporary coffer darn west of Manatee fence. Draw clown water and excavate all filled material (sand, silt, shell, vegetative debris) inside basin area and inside pump station area. Stabilize basin rip rap area, excavate 'additional filled in material just gest of Manatee fence, re -stabilize rock rip rap in the basin gap section. After the basin is pumped completely dry, a complete assessment can be done and additional repairs that need to be made can be done at this time. This work is extensive, but it is the only way to completely assure that the basin in thoroughly cleaned, so as not to cause damage to the pumps. Total estimated cost: $28,735,00 P532 fr ,� T t r► � i • yt + ' (ir fir/ r1l ? 14, Al 41 le \r ,i � `', � + i` .+ ,ter ,i '.,- � ,,✓". 00, it ♦ �" r J%�� fey J • ��� , M + i �. y a t d ,� � � � � �' I � �` �, � /mow, , f �� �t �' I ., +r �.♦ � , � �, y'I►�\ <� ! + ate.. � (.r r, ' f� 4 a�l,. Is - a � I � � t .f Ci-!i.� vl. bl All v $1 lit -IV L Alt , Jim I; �iA 'i. AO L fv Iv oli -0 Ln La -P. C 4 of iv 'Per %/, Lon zo, X jt s N jr jo nth I 4f p536 L -Z zo, X jt s N jr jo nth I 4f p536 1 -�ty .wr,,,,•..` 4 4s i. '°�`�, � ';,t � • � 1 w ,;; .i 4� °t ,'y1jl,,. .••" ',rA tq�a*"' 'e�. 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Tj� `.. �„ a .�4"�+, r �.'� ` vC i'^t .�""��Y7+t"-••�t -- rti,�2t• r!7'YF \ `i :�•'� v t'ya.•r �' t'��> ..'C 1' s'`;e �' ;[ � �r+j i�:I �� y= �'f r5 ,:'4'#,�y,�t �-.•L i'1.ri. i r�'Y {` a t, 4 '[$>j,t tti' r,#" ;N��. fit•/ lows lit, III ;tr,{�.. >��,� t' � • ' y. ��,j�� 1" ...� � i Y`h iaaf � ffis 7�«`• "ti"S ' t i'%�tF ti .tr' v '`�"'�.•,t���` F` �''� �'rr�' 1 - NN� 1 •. ,,, ,.. � :, .fir . r'..•.., �f,F w++44 { 4*i*�'n �Y � 1�' .y� • 4 1 i .,�. ' ` a ' � . F. , < t � 'y, ti L' • Yi l��rK", � . 1 _ ' i '�:,`'`f�..+.. ���} . � '7`K .w. �('+ #!4I 1. jG ;�' �c .f` �`' ,i, 4, t, - � i �. �,, O tk`. +{• }^1 , M,�,, .' ' � '4 '� 3 .y }�\. I X" f . y�� a � �'. � • .�:- � ' � ' }tom • c a 1 tf 1 mit .' ta\ ;. � +1 + t f � � f �a �. -.4 .+ � 5 nl.�` ^ 'r e � ��`{,�.,,.r.{i`' • c ' .. t "� R j.� t ; e. � .'��Yr! -'`•i 7i .1.r L`l. . � µ .71 i1 i j .t •y t t.'.'y� i', `� f�� 7�,,fy+ +t��t �'";!�`-' �:e'. •' ,. � �.�t. ti, ` ~t +r. � �4f � +• .s 1`. t+ 4•�i. t �� i�j yt" •l w /r!; y ,�,�.. "'� 1 a �{«" i;t' �'-, ,t'e r . 'r(f 0 r. C• „�1' �t J. + +.Sr. , r •e' ' Y r a 11%al v Is . 5�7- TY FA I I loatihn Matas Damage Assessmentumary The.;existing vegetative floating mats that were in Mixing Pond 1 were dislodged from their mooring, And became entangled at.the stibmerged water, discharge halo in the northwest corner pond Vii: P'hotr�s Mill shove the �+a� that. was�;�ileci off thei�aio and pulled to the corner of pond 1. if this mai is -not removed it can onoe again. betome :an obstruction to the,disc'harge Halo,, .not allowing the halo to sufficiently discharge water.. Scope -6f Wo(k Recommendations: Remove mat from pond and dispose. -of offsite. Total estimated cost; $1,650.00.. � (I. --l' P541 542 P543 »r �.,. ,..». .�. ..-.+-a-. "�_ ;9 f •I�,}fir _- _.-_„'",.�� .��:`t-•"" "ty.r'�*, � ' .. '..- , '� t�j`• 1. ",4 f^n � } ,':�F% �+t f F '7.� C. ,'t, iii' ..�� i� t: i,' J t" L � � - i � , - '}t': .. , a � ti. �\�.� --f.T :;,--w. ''�I.». 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W3y1x. . 2+' 7f,'�"': • +:� •`u� � � , - ,•+i �' � f• '., . •� S�c!i �' �� ++ iii ,`' :�_` r, � ;t. ,M+ .. , "� v�,9s - ',.' >�• � t f':'� 71 'i' '*'.i•'•rt ,t,; fir r��� "'�.. .• ! � ar.? "�.��:. i�`�. .s i`'•~�`:<. �. ,. � ;� ,.. : t" + r � � > ,!r ,x� ' .y �`4I•, M � � �, { Vic+ "i'ti T '.� t , ' J �,�. • .. j :R � E `' r. K r � - _ 7f .7�i%"� '�,IC' /`'i y4 L t _fi� �xi :. ,. y �L fi J y"`. f' � "' +, r �a' � ' `,.s„�,,•.,52 ` �°�'. I�.ix - :'� 7`.1:. +/t'`(y�f'��' �'•�!, �._.....�-..-J-,yam-...�__. Maintenange_.Road_.bOween_ Mixinh_Ponds Dam ge Assessment Summary: The,mintenance road between'Mixing,.ponds i and`2 is now completely impassable- . and can. no .longer be maintained. Vegetation has become dislodged and, hasr completely covered the existing road. Much cif this ;vegetatioh -is large, rdot-bal sections, `This is �a main maintenance roadway providing.ac , to pond 4:and ;pond 5. Scope PWO— ri( Re_c�cirsmmendations: Remove vegetative obstructions from roadway to allow maintenance-acfiiv'sties. . dotaltirnated cost $3..950:00 P545 Tr LO ri Runnels: E Damage Assessment Summary. The runnel system receives water from mixing ponds 1-6. This runnel system is designed to deliver water equally throughout the Mangrove wetlands and to discharge into the .Mosquito ditch and Mangrove forest .area. The rurrnei system wnsists Of a total of 5,500 linear feet. The photos will show that much of the runnel system is completely clogged with vegetative debris and will not function as designed. Scope of Work Recommendations, Remove vegetative debris from interior banks of runnel system and dispose of at upland site_ Please note because of the environmentally sensitive wetland area, all cleaning work vAH, have to bre done by "hand. It is inaccessible by any equipment. Cleaning of this runnel system is the most labor and time=intensive effort required, Staging areas have to be prepared throughout the site, deck 'barges have to be deployed and all debris must be removed and transported back to a niaia area for.removat Because of the extremely large amount of debris caused by Hurricane Irma°s winds, this is a monumental, yet extremely important job. If the runnels are not cleaned, the system will not operate as designed. Total estimated cost: $98,450.00 P547 CD <t U) a ry ,f t1..y%,.4,' '' � .�-t'�� ' '�`"`�'"`t` �r �`^ r '�`R�'� ����� ._���C,,stit' ',t��l.tL't`,? ,'•'%p. � 04 j�� ; . M`c L,,`'�1 �.. ,t:a .�.\" ,y `�,� „a+ �«q'�.;�, Y,t ^•iA +(ice •k.1r.�1 j�t yVy;�'x � �•tt � r. :r "" '{t"� %',a. _ .i',S1 "f i�• ��,' i+' ti 'i••'• ��9 ! r W fav,'' • -1 .._s�,s,':,.�• 1.. • t�r�� - "'"i '• .l• • , : _,"fit, "' �t. . r }iw a, vjJC �y yet, , •�`,'��'yt,.�.`'�i( t t •yilr Ir .10 44 ••' n•1 y.ir .` L � `�. ;, �/ �'IY �,.. • _wf �. _ atl� .�+�.� x4r :. - �4j !�'a�w,� - + j �,}' . x �.. ajyq{ x y `� YfY� .r. . ls'.�.i [' ♦ �„p. �r�yr. • r tit •�� �� � ria �*�;'` ..... ' - � � � ' . ' �' „��. J y�> �� � ' �'► +�� ,,,..-�' x i �_ r •L•,: •,. .iy-,a. w- ....- :.—rT ' ' � a . i�`i'-�^' "^'i -. w. . w a1' ., �a �' . glop \\ /f 1,•"wy / .` �"'! ' t t'~,-.�,. irk^ .l .'Via X71. .4 Ile `1 j} � � • / ��r.. �', ,,. ♦ ♦ �6 �+ `' y � '"may," _� �t ��..� « ��, IN TI ' � �... 'wt„ ♦ � , tx. t x �r+ w+ `+. ` ,�. r _. .•III `y '+ 4 f r< t.to, Y y r Northern Mixin�+P and load .8vunda[y: i Damage Assessment Summary: This is the northern rdad/maintenange boundary that.separa�s rni�ing pr�nds 2 iancl OT ditchi -area. This road is completely ire assabla and. cannnot dap ar,.r� P,�.�r� from the D y P for any future maintenance: S upe .of "Work Recornmendatians: remove -ail vegetative debris that. has WPM over onto -this roadway. Tpial estimated cost$4j 5 00 �i C. P550 f me 19, I� PIP 7tnfJ + l rf t"ji r Ilyt4 .,J',/,i•} 1, ri. • R 'r^ !'± �r , Y •+7iw t�V �f, �.•"`",.%f+� so _ ' y` . �, :'""� r J 4 iy _� nx. '"�" i.'� ,�� �Yi.I �' � < • � � ".r.'��l�� a7,�'�,{� f c �' ''t t fhes irx r1 - �f, r ��'i •�k+ ? :.��t ;?M �� h'~4 4:trC' ;, ,r% '� r' 7 ,.�lt� f�t• {5/��� r }" r - '�r�� i"'r�y � {, I '1 'U.,��yeJ •�-, � r'♦ ; i� �1�i% � ,�S' '}"ttry�.{� ti �'��I�• ♦��;fi f + fI ;��u �fjti�iv. .`yam.;�t''•x, kM,le���' xtY„'*;�yit4"` ..` i!(,�•�..✓; i ••... � � �4,^i��:!Mt L ��' wi i'/j.�r ��j�,',,'/` •^'�.'�� A.- y. �_ ".Yh � � l�.'...�� 1 '.'��` ' i.. '{!� 'il \� .1ijr 7+rr ��r� � v •/ ' 1 � '4.1�'�,,.����' F'�'*y►�7i f/,��� ����� f ' , {t � � r �1�"J+ti� � +r++"` ,(., • r` ''e f r `t r:,"%i�+i zr( `�' Glx; � r � , t � "fy � � i " ��'�ti,�'n ��y�� •# + �l ,rtj ""�"V�,t .l% � r, �. !. ,��,�--J ✓ "' 1 .kr ' P553 it "i�•`` "rtb`�J.• •r J � ♦� a'ri�` � � .� �fi i�' 1�.i+i I� PIP 7tnfJ + l rf t"ji r Ilyt4 .,J',/,i•} 1, ri. • R 'r^ !'± �r , Y •+7iw t�V �f, �.•"`",.%f+� so _ ' y` . �, :'""� r J 4 iy _� nx. '"�" i.'� ,�� �Yi.I �' � < • � � ".r.'��l�� a7,�'�,{� f c �' ''t t fhes irx r1 - �f, r ��'i •�k+ ? :.��t ;?M �� h'~4 4:trC' ;, ,r% '� r' 7 ,.�lt� f�t• {5/��� r }" r - '�r�� i"'r�y � {, I '1 'U.,��yeJ •�-, � r'♦ ; i� �1�i% � ,�S' '}"ttry�.{� ti �'��I�• ♦��;fi f + fI ;��u �fjti�iv. .`yam.;�t''•x, kM,le���' xtY„'*;�yit4"` ..` i!(,�•�..✓; i ••... � � �4,^i��:!Mt L ��' wi i'/j.�r ��j�,',,'/` •^'�.'�� A.- y. �_ ".Yh � � l�.'...�� 1 '.'��` ' i.. '{!� 'il \� .1ijr 7+rr ��r� � v •/ ' 1 � '4.1�'�,,.����' F'�'*y►�7i f/,��� ����� f ' , {t � � r �1�"J+ti� � +r++"` ,(., • r` ''e f r `t r:,"%i�+i zr( `�' Glx; � r � , t � "fy � � i " ��'�ti,�'n ��y�� •# + �l ,rtj ""�"V�,t .l% � r, �. !. ,��,�--J ✓ "' 1 .kr ' P553 LO CL DOS` Ditch: I Damage Assessment 'Summary: The photos will show several sections of the DOT ditch from the northwest corner -of mixing pond 2 eastward down to the end of the maintenance road. These photos show the ditch has not been maintained and the drainage has been further complicated as the Wind has blown over additional vegetation (trees, vegetative debris) further obstructing_ the ditch. Scope of Work'Recommendations: Clean the south side of the ditch from the end of the maintenance road to the northwest corner of mixing pond 2. `i`his will allow the DOT drainage to convey eastward to the area of the ll0iahgrove forest. Clean ditch and remove vegetative material. Reshape southern ditch bank for proper sloping and ditch water containment. .' Total estimated cost: $9,750_00 P555 r. a � a 'k► '"...fir _� .R • .t%Y ,� �, t'Y •it'r . to » w. » +�'}� ry '. ;t ��`3 `+... • ,,. ` ♦s+t.. •+ • ` ~ * }. 1t a' ♦ w.t, re �'• + .. ♦. '`.. 'af. � < 'tl ,4�i;�'�t�- +. ..4' » ` tJ Mi.. .ixi> :. � t rw`�;,. rv:��G s{ �jt..;, � •r . " j f 1. pj � . y lr y," �i'. ' f/ e, ,� � t "� ' J•. r v . '.• ' f 5.. 'ti».i� U Y'. !'ac"..`'pSyt r i a � rti • r `1 �.. j F.' 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'These numbers correspond to the approdmafie t;Ujocation :where damage assessment photos were taken. "hese photos are included in the report and the photos for each area are found in the tabbed .section with . the same corresponding number found an the Google Earth photograph: C1 P560 1'A 14 A. Google Earth 5 55 7 7 7 3' 7 7 2 --2-6 6 6 6 2 yl -.O 000 ft N00f i TRAIT_ ROAD QpM BENCH MARK PROMDED NAI, IN NORTH FACE OF unuTy POLE FN'TPAt*JV.F ROAD Fl -,FV 'nON- 4.47 NGW 1928 N Q u H Ll[tCi?C 1 {'SEIiD1tA � ti1 ' # 10, �0 NORTH RM X11 0 fin. n9xworts ur •. N z MOSQUITO Dim E f SLUE) t QpM BENCH MARK PROMDED NAI, IN NORTH FACE OF unuTy POLE FN'TPAt*JV.F ROAD Fl -,FV 'nON- 4.47 NGW 1928 N Q u H Ll[tCi?C 1 {'SEIiD1tA � ti1 ' #