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10/24/2017
ER ORIS BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 24, 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.B. INVOCATION Reverend Mark A. Bernthal, Pastor, Our Savior Lutheran Church 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation and Retirement Award Honoring Terrance Salm on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Twenty -Two Years of Service Attachments: Proclamation 5.11. Presentation of Proclamation Honoring the Samaritan Center for 25 Years of Service to Homeless Families Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of September 12, 2017 October 24, 2017 Page 1 of 7 6.B. Preliminary Budget Hearing of September 13, 2017 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Florida Public Service Commission Consummating Order No. PSC -2017 -0395 -CO -EI, In re: Petition for approval of a new depreciation class and rate for energy storage equipment, by Florida Power & Light Company. Is on file for review in the Office of the Clerk to the Board. 7.11. Proclamation and Retirement Award Honoring Stephen Kannapes on His Retirement From Indian River County Board of County Commissioners Department of Utilities/Water Distribution with Ten Years of Service Attachments: Proclamation 7.C. Development Review & Permit Process Advisory Committee Chairman and Vice Chairman Attachments: Staff Report 7.1). Indian River County Venue Event Calendar Review Attachments: Staff Report 7.E. Holiday Schedule for the Indian River County Library System, County's Aquatic Centers, Sandridge Golf Course, Indian River County Public Shooting Range and Intergenerational Recreation Center (iG) Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments October 6, 2017 to October 12, 2017 Attachments: Finance Department Staff Report 8.11. Release and Satisfaction of Demolition Lien; 32-39-26-00000-3000-00046.0; 2460 41 st Street, Vero Beach, Florida 32967 Attachments: Staff Report Release and Satisfaction 8.C. Rejection of RFP 2016051 - Vending Machines for the Intergenerational (iG) Recreation Center Attachments: Staff Report 8.1). Approval of Ranking of Firms and Award of Annual Maintenance at Spoonbill Marsh (RFP 2017066) Attachments: Staff Report Agreement with Federal Clauses October 24, 2017 Page 2 of 7 8.E. FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature for Indian River Boulevard Sidewalk from 37th Street to 53rd Street FM No. 436860-1-58-01 Attachments: Staff Report IRC Grant Form Authorizing Resolution FDOT Local Agency Program (LAP) Agreement No. 436860-1-58-01 8.F. Approval of Cost -Share Agreement Renewal with the St. Johns River Water Management District for Repair/Plugging of Abandoned Artesian Wells Attachments: Staff report County grant information form Proposed cost -share agreement 8.G. Extension of Indian River County Continuing Contract Agreement for Professional Services Attachments: Staff Report Extension of Continuing Contract Agreement for Professional Services 8.H. Upper Floridan Aquifer Modeling and Consumptive Use Permit Modification - Amendment No. l to Work Order No. 3 Attachments: Staff Report Amendment No. 1 to Work Order No. CCNA-2014-WO 3 8.I. Approval of Change Order and Final Pay for Work Authorization No. 2017-007 to Replace Water Services in "Oaks of Vero" Subdivision Attachments: Staff Report Blue Goose Construction Invoice 8.J. Extension of Annual Wetlands Maintenance Contract at West Regional Wastewater Treatment Plant Attachments: Staff Report 8.K. Declaration of Excess Equipment as Surplus for Sale or Disposal Attachments: Staff Report List for 102417 Agenda 8.L. Miscellaneous Budget Amendment 025 Attachments: Staff Report Resolution Exhibit "A" BA 025 October 24, 2017 Page 3 of 7 8.M. Recommended Approval of Ranking of Firms and Award of Annual Water Tank Maintenance (RFP 2017072) Attachments: Staff Report 8.N. Acceptance of Utility Easements - SandCrest PUD - Phase 2 (Located Within the Municipal Boundaries of the City of Sebastian) Attachments: Staff Report 8.0. Arcadia Vero Beach, LLC's Request for Final Plat Approval for a Subdivision to be Known as Arcadia Phase 1 [SD -15-11-09 / 2001010025- 79428] Attachments: Staff Report Application Location Map Final Plat Layout Contract for Construction of Required Improvements and Letter of Credit 8.P. Interfund Borrowing Fiscal Year 2016/2017 Attachments: Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Revisions to the County's Local Job Grant Program Award Computation Methodology Attachments: Staff Report Current Methodology Proposed New Methodology Unapproved Minutes from the June 20, 2017 EDC Meeting August 9, 2017 BCC Memo from Commissioner Solari Unapproved Minutes from the August 15, 2017 BCC Meeting October 24, 2017 Page 4 of 7 12.A.2. Consideration to Approve a Grant Agreement with the Florida Communities Trust for Cost -Share Reimbursement of County Purchase of the Sebastian Harbor Preserve Conservation Area Attachments: Staff report Location maps and conceptual plan County grant information form Grant agreement B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1. Permission to Advertise Amending Indian River Code Creating Chapter 318, Stormwater Discharge Attachments: Staff Report Draft Ordinance G. Utilities Services 12.G.1. Reject All Proposals for RFP 2017041 - AMI and MDM Solution for Indian River County Department of Utility Services Attachments: Staff Report 12.G.2. Ordinance Change to Allow for Reduction of Equivalent Residential Units (ERUs) on Single Family Homes Attachments: Staff Report Proposed Ordinance Language Change 12.G.3. Request for Sole Source for Equipment, Repair and/or Replacement for Fleetboss Annual Fees and Products Attachments: Staff Report Sole Source Letter 13. COUNTY ATTORNEY MATTERS 13.A. Oslo Boat Ramp Attachments: Staff Report October 24, 2017 Page 5 of 7 13.B. 2018 State Legislative List of Priorities and Concerns Attachments: Staff Report 2018 State Legislative List of Priorities 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Brvan, Vice Chairman U.B.I. Board consideration of a sponsorship for Vero Beach's 3rd Annual New Year's Ball Attachments: Commissioner's Memorandum Sponsor Opportunity Package for Vero Beach's 3rd Annual New Year's Ball 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 October 24, 2017 Page 6 of 7 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p. m. October 24, 2017 Page 7 of 7 PROCLAMATION A HONORING TERRANCE SALM ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SER VICESIFIRE RESCUE WHEREAS, Terrance Salm retired from Indian River County Fire Rescue effective October 30, 2017, and WHEREAS, Terrance Salm began his career on October 20, 1995, as a Paramedic and within five years was promoted to Solo Paramedic and then Emergency Medical Services Lieutenant as he continued his medical training including multiple certifications from The Center for Education, Development and Research (CEDAR) and by October 19, 2007 he obtained his Firefighter Certification becoming a full- fledged Fire -medic in which position he served until his retirement. WHEREAS, Terrance Salm has served this County and the Public with distinction and selflessness During his twenty-two years of service, he received dozens of letters of commendation and gratitude from his commanding officers, his peers and the general public. His work has been greatly appreciated by his employer, his co-workers and the citizens of our community alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIDER COUNTY, FLORIDA, that the Board applauds Terrance Salm's efforts on behalf of the County, and the Board wishes to express their deepest gratitude for the dedicated service he has given to Indian River County for the last twenty-two years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend their sincerest wishes for success in his future endeavors. Adopted this 30'" day of October 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman P1 PROCLAMATION y� HONORING THE SAMARITAN CENTER FOR 25 YEARS OF DEDICATED SERVICE TO THE HOMELESS FAMILIES OF INDIAN RIVER COUNTY WHEREAS, in 1992 Ecumenical church leaders and co-founders, Bernard and Betty Egan, along with a group of individuals gathered together to establish a non-profit long-term transitional living facility for homeless families with dependent children; and WHEREAS, the Leaders from the Community Church of Vero Beach, Holy Cross Catholic Church, St. Helen Catholic Church, and Temple Beth Shalom collaborated on the strategic planning of the Samaritan Center and the Diocese of Palm Beach, Inc., donated the land for the interfaith community project located at 3650 41 st Street, Vero Beach, Florida; and WHEREAS, the Samaritan Center was established 25 years ago and became the lead agency in delivering transitional living services to homeless families in Indian River County; and WHEREAS, for those 25 years Samaritan Center has been committed to the mission of offering hope and guidance to the homeless families in Indian River County, and preparing them to live independently; and WHEREAS, the Samaritan Center's signature fundraising event "Soup Bowl" was created 25 years ago through the brainstorming efforts of the Advisory Board Members, held on the first Thursday in November; bringing community awareness to the plight of homeless families; and WHEREAS, since opening the doors in 1992, Samaritan Center has served more than 600 families and helped more than 1700 individuals travel the road back from homelessness. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board recognizes the efforts of the Samaritan Center over the past 25 years in assisting the homeless families of Indian River County. Adopted this 24th day of October, 2017 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA -I 'E. lescher, CI Peter D. O'Bryan, V' C Tim ell Bob Solari P2 FILED 10/17/2017 DOCUMENT NO. 08874-2017 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION OM ID In re: Petition for approval of a new DOCKET NO. 20170097 -El % q— 1101 depreciation class and rate for energy storage ORDER NO. PSC -2017 -0395 -CO -EI equipment, by Florida Power & Light ISSUED: October 17, 2017 Company. CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC -2017 -0359 -PAA -EI, issued September 20, 2017, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC -2017 -0359 - PAA -EI has become effective and final. It is further ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 17th day of October, 2017. &ALL4- CARLOTTA S. STAUFFER Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850)413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. ORDER NO. PSC -2017 -0395 -CO -EI DOCKET NO. 20170097 -El PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. R PROCLAMATION HONORING STEPHEN G. KANNAPES ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITIESIWA TER DISTRIBUTION Stephen Kannapes retired from Indian River County Water Distribution effective September 22, 2017; and WHEREAS, Stephen Kannapes began his career with Indian: River County on February 12, 2007, as an Inventory Specialist in that capacity until his retirement, and WHEREAS, Stephen Kannapes has served this County and the Public with distinction and selflessness. During his ten 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 INDL41V RIVER COUNTY, FLORIDA, that the Board applauds Stephen Kannapes' 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 ten years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 24th day of October 2017, BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman P3 7(f INFORMATIONAL ITEMS October 24, 2017 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: October 18, 2017 Subject: 2017 ELECTION OF DEVELOPMENT REVIEW & PERMIT PROCESS ADVISORY COMMITTEE (DRPPAC) CHAIRMAN AND VICE CHAIRMAN From: Misty L. Pursel Commissioner Assistant & Recording Secretary At the October 18, 2017 DRPPAC meeting, the members voted to elect Ms. Debb Robinson as Chairman, and Mr. Joe Paladin as Vice Chairman of the Development Review and Permit Process Advisory Committee for the year 2017. No Board action is required. P4 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar USSSA Super NIT Baseball -Vero Beach October 27-29 @ N. County & S. County Parks: • Sat. 28th: 9am at North & South County • Sun. 29th: 9am at North & South County 5th Annual Bela Nagy Sr. Memorial Golf Tournament October 28 @ Sandridge: • 8am-lpm KDMF III Car Show October 28 @ IRC Fairgrounds: • 12noon-5pm Sunshine State Games Lacrosse Fall Classic November 4-5 @ S. County Park: • 9am both days Commissioner O'Bryan's: South County Community Meeting November 6 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan 25th Annual "Dick Bird" 2 -Man Team Golf Championship November 11 & 12 @ Sandridge: • 8am-Ilam Both Saturday and Sunday Community Office Hours Event November 16 @ North IRC Library: • 1 Oam- This is one on one time with Commissioner Susan Adams Fall Residential Paper Shredding Event November 18 @Southeast Secure Shredding: • 9am-2pm For the Love of Paws - Fundraising Event November 19 @ IRC Shooting Range: • l0am �D P5 Informational Item 7 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Office of Assistant County Administrator Department of General Services Date: October 13, 2017 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator/ Department of General Services Subject: Holiday Schedule for the Indian River County Library System, County's Aquatic Centers, Sandridge Golf Course, Indian River County Public Shooting Range and Intergenerational Recreation Center (iG) Currently, Indian River County has the following official holidays observed by the majority of Indian River county departments: • Veteran's Day, Friday, November 10, 2017 • Thanksgiving Holiday, Thursday & Friday, November 23 and 24, 2017 • Christmas Holiday: Friday, December 22 and Monday, December 25, 2017 • New Year's: Monday, January 1, 2018 The following hours will be observed by these specific operations: INDIAN RIVER COUNTY LIBRARIES: The Main Library is normally open seven days a week and the North County Library is open every day except Sunday. The Brackett Library is not open on the weekends. During the holidays, the Library System will be closed: Veterans Day, Observed on Friday, November 10, 2017 Thanksgiving Holiday: Thursday & Friday, November 23 and 24, 2017 Christmas: . Friday, December 22, 2017, Sunday and Monday, Dec.24 and 25, 2017 New Year's Day: Monday, January 1, 2018 Note: All library on-line information services are available 24/7/365 at www.irclibrary.org. AQUATIC CENTERS: The regular hours of operations for the North County Aquatic Center are as follows: Competitive Pool: Mon/Wed/Fri 6:00 am - 6:00pm / Tues/Thurs 9:00am - 6:00pm Saturday: 9:00 am - 5:00pm / Sunday: 12:00pm - 5:00pm Over the holidays, the Aquatic Centers operations are as follows: Veteran's Day: Opened Veteran's Day, November 11, 2017 from 10:00 am — 3:00 pm Thanksgiving: Closed: Thursday & Friday, November 23 and 24, 2017 Christmas: Closed: Sunday and Monday, December 24 and 25, 2017 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@DCOEE87E\@BCL@DCOEE87E.doc P6 New Year's Day: NCAC Opened - Monday, January 1, 2018, from 10:00 am — 3:00 pm New Year's Day: GAC — Closed On New Year's Eve: Sunday, December 31, 2017 the Competitive Pool will be open their regular hours of 12:00 pm — 6:00 pm. SANDRIDGE GOLF COURSE: Regular hours of operations for the Golf Course Pro Shop are from 6:45 am to 5:30 pm daily. The hours during the holidays are as follows: Thanksgiving: Thursday, November 23, the last hole tee time will be 10:44 a.m., and Pro Shop will close at 2:00 p.m. Christmas Eve: Sunday, December 24, the last 18 hole tee time will be 10:44 a.m. Pro Shop will close at 2:00 p.m Christmas Day: Monday, December 25, the Golf Courses will be closed New Year's: Open with normal hours of operation on both New Year's Eve and New Years' Day INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE: The Regular hours of operation for the Shooting Range are 9:00 am - 5:00 pm, Thursday through Monday,,weather permitting. The range is normally closed on Tuesday and Wednesday. In observance of the holidays, the Shooting Range will be closed: Friday, November 10, 2017 Thursday, November 23, 2017 Friday, November 24, 2017 Monday, December 25, 2017 Monday, January 1, 2018 (Veterans Day) (Thanksgiving) (Day after Thanksgiving) (Christmas Day) (New Year's Day) INTERGENERATIONAL RECREATION FACILITY Closed: Friday, November 10, 2017 Open: Saturday, November 11, 2017 Closed: Thursday & Friday, November 23 and 24, 2017 Closed: Friday, December 22, 2017 Open: Saturday, December 23, 2017 9 am to 5 pm Open: Sunday, December 24, 2017 9 am to 3 pm Closed: Monday, December 25, 2017 Closed: Monday, January 1, 2018 PARKS DIVISION: All County parks will be open throughout the holidays. (Veteran's Day Observed) (Veterans Day) (Thanksgiving Holiday) (Christmas Eve Holiday) (holiday hours) (holiday hours) (Christmas Day Holiday) (New Year's Day) C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@DCOEE87E\@BCL@DCOEE87E.doc P7 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 270' Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 12, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 6, 2017 to October 12 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 October 6, 2017 to October 12, 2017. Attachment: ERN P8 CHECKS ISSUED TRANS NBR DATE VENDOR AMOUNT 358949 10/06/2017 INDIAN RIVER LACROSSE ASSOCIATION INC 15,000.00 358950 10/12/2017 PORT CONSOLIDATED INC 570.76 358951 10/12/2017 JORDAN MOWER INC 3,884.81 358952 10/12/2017 COMMUNICATIONS INTERNATIONAL 36,079.02 358953 10/12/2017 VERO CHEMICAL DISTRIBUTORS INC 819.39 358954 10/12/2017 MUNICIPAL EQUIPMENT LLC 19,998.00 358955 10/12/2017 RICOH USA INC 24.05 358956 10/12/2017 CHISHOLM CORP OF VERO 589.00 358957 10/12/2017 KIMLEY HORN & ASSOC INC 1,612.40 358958 10/12/2017 VELDE FORD INC 547.65 358959 10/12/2017 SAFETY PRODUCTS INC 2,356.44 358960 10/12/2017 AT&T WIRELESS 570.46 358961 10/12/2017 DATA FLOW SYSTEMS INC 3,225.67 358962 10/12/2017 SEWELL HARDWARE CO INC 222.39 358963 10/12/2017 B G KENN INC 776.91 358964 10/12/2017 DELTA SUPPLY CO 589.69 358965 10/12/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 35.95 358966 10/12/2017 GRAINGER 798.57 358967 10/12/2017 REPUBLIC SERVICES INC 476,944.70 358968 10/12/2017 MY RECEPTIONIST INC 229.37 358969 10/12/2017 AMERIGAS EAGLE PROPANE LP 661.97 358970 10/12/2017 AMERIGAS EAGLE PROPANE LP 133.89 358971 10/12/2017 AMERIGAS EAGLE PROPANE LP 413.15 358972 10/12/2017 AMERIGAS EAGLE PROPANE LP 1,236.94 358973 10/12/2017 AMERIGAS EAGLE PROPANE LP 1,440.01 358974 10/12/2017 GAYLORD BROTHERS INC 720.97 358975 10/12/2017 H B S INC 870.00 358976 10/12/2017 LFI FORT PIERCE INC 1,847.51 358977 10/12/2017 CLIFF BERRY INC 105.00 358978 10/12/2017 PHYSIO CONTROL INC 11,750.40 358979 10/12/2017 ECOTECH CONSULTANTS INC 4,869.00 358980 10/12/2017 TIRESOLES OF BROWARD INC 2,372.15 358981 10/12/2017 MOTION INDUSTRIES INC 1,797.03 358982 10/12/2017 PARAGON ELECTRIC INC 2,133.86 358983 10/12/2017 BARTH CONSTRUCTION INC 228,647.62 358984 10/12/2017 CHILDCARE RESOURCES OF IRC INC 120.00 358985 10/12/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 600.00 358986 10/12/2017 DELL MARKETING LP 44.99 358987 10/12/2017 XEROX CORP SUPPLIES 7.20 358988 10/12/2017 BLAKESLEE SERVICES INC 65.00 358989 10/12/2017 BAKER & TAYLOR INC 4,351.69 358990 10/12/2017 MIDWEST TAPE LLC 217.91 358991 10/12/2017 MICROMARKETING LLC 82.52 358992 10/12/2017 K & M ELECTRIC SUPPLY 29.63 358993 10/12/2017 VERO COLLISION CENTER 1,270.98 358994 10/12/2017 BAKER DISTRIBUTING CO LLC 3,487.35 358995 10/12/2017 CENGAG.E LEARNING INC 158.97 358996 10/12/2017 PENWORTHY COMPANY 876.53 358997 10/12/2017 FLORIDA ASSOCIATION OF COUNTIES INC 15,999.00 358998 10/12/2017 SUNSHINE REHABILATION CENTER OF IRC INC 180.00 358999 10/12/2017 CREATIVE CHOICE HOMES XVI LTD 500.00 359000 10/12/2017 TINDALE-OLIVER & ASSOCIATES INC 5,214.64 359001 10/12/2017 CLERK OF CIRCUIT COURT 74.68 359002 10/12/2017 CLERK OF CIRCUIT COURT 5,425.60 359003 10/12/2017 INDIAN RIVER COUNTY HEALTH DEPT 19,911.48 359004 10/12/2017 CITY OF VERO BEACH 90,473.20 359005 10/12/2017 INDIAN RIVER ALL FAB INC 280.00 359006 10/12/2017 FERGUSON ENTERPRISES INC 5,878.14 TRANS NBR DATE VENDOR AMOUNT 359007 10/12/2017 FLORIDA GOVERNMENT FINANCE 72.00 359008 10/12/2017 FLORIDA DEPT OF TRANSPORTATION 1,021,197.00 359009 10/12/2017 JANITORIAL DEPOT OF AMERICA INC 494.78 359010 10/12/2017 TREASURE COAST HOMELESS SERVICES 3,817.50 359011 10/12/2017 HUMANE SOCIETY 23,760.00 359012 10/12/2017 PUBLIX SUPERMARKETS 11.94 359013 10/12/2017 WAL MART STORES EAST LP 51.96 359014 10/12/2017 FLORIDA DEPT OF AGRICULTURE AND 13,821.36 359015 10/12/2017 ACUSHNET COMPANY 9,317.34 359016 10/12/2017 EXCHANGE CLUB CASTLE 12,158.09 359017 10/12/2017 EXCHANGE CLUB CASTLE 6,962.49 359018 10/12/2017 GEOSYNTEC CONSULTANTS INC 599.46 359019 10/12/2017 FEDERAL EXPRESS CORP 31.01 359020 10/12/2017 FEDERAL EXPRESS CORP 70.74 359021 10/12/2017 CITY OF SEBASTIAN 22,403.85 359022 10/12/2017 TRAFFIC PARTS INC 1,426.00 359023 10/12/2017 VERO HERITAGE INC 12,984.39 359024 10/12/2017 CALLAWAY GOLF SALES COMPANY 120.28 359025 10/12/2017 ROSEN CENTRE HOTEL 240.38 359026 10/12/2017 ROSEN CENTRE HOTEL 240.38 359027 10/12/2017 ROSEN CENTRE HOTEL 240.38 359028 10/12/2017 FLORIDA POWER AND LIGHT 5,866.41 359029 10/12/2017 HOLIDAY INN 242.00 359030 10/12/2017 PUBLIC DEFENDER 4,844.14 359031 10/12/2017 STATE ATTORNEY 7,695.52 359032 10/12/2017 CITY OF FELLSMERE 14.19 359033 10/12/2017 PEACE RIVER ELECTRIC COOP INC 31.83 359034 10/12/2017 PUBLIC RISK MANAGEMENT ASSOCIATION 385.00 359035 10/12/2017 SUNSHINE STATE ONE CALL OF FL INC 1,264.17 359036 10/12/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 650.00 359037 10/12/2017 TREASURE COAST SPORTS COMMISSION INC 2,526.50 359038 10/12/2017 FLORIDA STATE GOLF ASSOCIATION 150.00 359039 10/12/2017 FIRST CHURCH OF GOD OF VERO BEACH INC 1,199.70 359040 10/12/2017 MYLES BROWN 48.00 359041 10/12/2017 GIFFORD COMMUNITY CENTER 2,310.09 359042 10/12/2017 HENRY SMITH 76.00 359043 10/12/2017 KENNETH JAMES BINGHAM JR 100.00 359044 10/12/2017 INDIAN RIVER FARMS WATER CNTRL DIST 100.00 359045 10/12/2017 NATIONAL ASSOCIATION OF COUNTIES 2,505.00 359046 10/12/2017 PITNEY BOWES INC 201.00 359047 10/12/2017 ALAN C KAUFFMANN 100.00 359048 10/12/2017 EVENTMAKERS INTERNATIONAL LLC 209.52 359049 10/12/2017 G K ENVIRONMENTAL INC 14.706.50 359050 10/12/2017 JOHN BROWN & SONS INC 6,100.00 359051 10/12/2017 CHILDRENS HOME SOCIETY OF FL 3,250.00 359052 10/12/2017 FLORIDA DEPT OF FINANCIAL SERVICES 15,992.17 359053 10/12/2017 INTERNATIONALASSOC OF EMERGENCY MANAGERS 570.00 359054 10/12/2017 PINNACLE GROVE .LTD 500.00 359055 10/12/2017 ECONOLITE CONTROL PRODUCTS .INC 103,540.00 359056 10/12/2017 RUSSELL PAYNE INC 1,302.42 359057 10/12/2017 TRANE US INC 21,816.26 359058 10/12/2017 CEL1CO PARTNERSHIP 3,237.26 359059 10/12/2017 HARVEY PAYNE 72.00 359060 10/12/2017 CINTAS CORPORATION NO 2 209.03 359061 10/12/2017 VAN WAL INC 140.00 359062 10/12/2017 JOSEPH W VASQUEZ 72.00 359063 10/12/2017 BIG BROTHERS AND BIG SISTERS 1,875.00 359064 10/12/2017 BIG BROTHERS AND BIG SISTERS 10,817.15 359065 10/12/2017 PARGAS 333.00 359066 10/12/2017 JOHNS EASTERN COMPANY INC 51,500.00 P10 TRANS NTBR DATE VENDOR AMOUNT 359067 10/12/2017 CENTRAL PUMP & SUPPLY INC 59.75 359068 10/12/2017 MASTELLER & MOLER INC 5,174.45 359069 10/12/2017 ETR LLC 5,343,63 359070 10/12/2017 STAPLES CONTRACT & COMMERCIAL INC 2,379.83 359071 10/12/2017 GLOVER OIL COMPANY INC 2,728.55 359072 10/12/2017 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 3,087.29 359073 10/12/2017 GARY L EMBREY 40.00 359074 10/12/2017 LARRY STEPHENS 132.00 359075 10/1212017 CAROLE J MADIGAN 1:748.00 359076 10/12/2017 ARDAMAN & ASSOCIATES INC 50.00 359077 10/12/2017 MOHAWK FACTORING 11 INC 287,162.72 359078 10/12/2017 1 ST FIRE & SECURITY INC 399.00 359079 10/12/2017 D&S ENTERPRISES OF VERO BCH LLC 14.85 359080 10/12/2017 MICHAELW EIRLS 1,300.00 359081 10112/2017 PETER OBRYAN 15.53 359082 10/12/2017 JOHNNY B SMITH 220.00 359083 10/12/2017 MUNICIPAL WATER WORKS INC 79,821.00 359084 10/12/2017 SAINT EDWARDS SCHOOL INC 1,780.00 359085 10/12/2017 CHARLES A WALKER 40.00 359086 10/12/2017 DYNAMIC AIR QUALITY & COOLING INC 244.00 359087 10/12/2017 K'S COMMERCIAL CLEANING 2,533.89 359088 10/12/2017 NICOLACE MARKETING INC 200.00 359089 10/12/2017 EQ THE ENVIRONMENTAL QUALITY COMPANY 20,868.40 359090 10/12/2017 WINSUPPLY OF VERO BEACH 434.91 359091 10112/2017 GARRETT SMITH 120.00 359092 10/12/2017 HELPING ANIMALS LIVE -OVERCOME 27.00 359093 10/12/2017 BRENNTAG MID -SOUTH INC 3,459.96 359094 10/1212017 FLORIDA ARMATURE WORKS INC 2,938.88 359095 10/1212017 PICTOMETRY INTERNATIONAL CORPORATION 2,950.00 359096 10/12/2017 TREKKER TRACTOR LLC 389.60 359097 10/12/2017 CIT FINANCE LLC 186.21 359098 10/12/2017 VERO BEACH INVESTMENTS LLC 500.00 359099 10/12/2017 MOORE MOTORS INC 566.74 359100 10/12/2017 LOWES HOME CENTERS INC 577.46 359101 10/12/2017 RAFTELIS FINANCIAL CONSULTANTS INC 874.00 359102 10/12/2017 GAUDET ASSOCIATES INC 910.22 359103 10/12/2017 ALEX MIKLO 160.00 359104 10112/2017 BURNETT LIME CO INC 6,375.60 359105 10/12/2017 BURNETT LIME CO INC 2,114.75 359106 10/1212017 SOUTHWIDE INDUSTRIES INC 6,038.87 359107 10/12/2017 TREASURE COAST TURF INC 3,585.00 359108 10/12/2017 PENGUIN RANDOM HOUSE LLC 317.40 359109 10/12/2017 CARMEN LEWIS 100.50 359110 10/12/2017 SCADA SOLUTIONS LLC 1,700.00 359111 10/12/2017 SOUTHERN MANAGEMENT LLC 10,402.92 359112 10/12/2017 STEWART & STEVENSON FDDA LLC 1,150.86 359113 10/12/2017 REXEL INC 1,247.93 359114 10/12/2017 SAMBA HOLDINGS INC 1,488.14 359115 10/12/2017 WADE WILSON 60.00 359116 10/12/2017 SUSAN ADAMS 120.82 359117 10/12/2017 MARKETING SPECIALTIES OF GEORGIA LLC 7,845.54 359118 10/12/2017 BERNARD EGAN & COMPANY 7,296.40 359119 10/12/2017 BRYAN CAVE LLP 1.119.00 359120 10/12/2017 RONALD NICHELSON 100.00 359121 10/12/2017 FOUNDATION FOR AFFORDABLE- RENTAL 370.00 359122 10/12/2017 RELIANT FIRE SYSTEMS INC 140.00 359123 10/12/2017 MICHAEL EDWARD HAMILTON 300.00 359124 10/12/2017 SYLIVIA MILLER 2,106.00 359125 10/12/2017 HAWKINS INC 1,819,75 359126 10/12/2017 THE TRANSIT GROUP INC 10,902.08 m TRANS NBR DATE VENDOR AMOUNT 359127 10/12/2017 ANFIELD CONSULTING GROUP INC 10,000.00 359128 10/12/2017 JOSEPH DIZONNO 160.00 359129 10/12/2017 AK CONSULTING GROUP 395.00 359130 10/12/2017 CATHEDRAL CORPORATION 1,366.83 359131 10/12/2017 GERELCO TRAFFIC CONTROLS INC 15,842.50 359132 10/12/2017 UNIFIRST CORPORATION 1,540.27 359133 10/12/2017 JDS GRAPHICS DESIGN INC 1,152.00 359134 10/12/2017 WEST COAST TRENDS INC 829.22 359135 10/12/2017 SITEONE LANDSCAPE SUPPLY LLC 93.66 359136 10/12/2017 GOTTA GO GREEN ENTERPISES INC 177.72 359137 10/12/2017 HYDROMAX USA LLC 13,906.04 359138 10/12/2017 ADVANCE STORES COMPANY INCORPORATED 202.12 359139 10/12/2017 GUARDIAN ALARM OF FLORIDA LLC 198.00 359140 10/12/2017 EGP DOCUMENT SOLUTIONS LLC 88.69 359141 10/12/2017 NORTH AMERICAN OFFICE SOLUTIONS INC 29.12 359142 10/12/2017 FLORIDA EAST COAST HOLDINGS CORP 18,000.00 359143 10/12/2017 RUSSELL L OWEN III 120.00 359144 10/12/2017 WEST FLORIDA MAINTENANCE INC 6,912.00 359145 10/12/2017 AC VETERINARY SPECIALTY SERVICES 171.00 359146 10/12/2017 EDWARD ILLIDGE 220.00 359147 10/12/2017 BLACK CLOVER ENTERPRISES LLC 262.80 359148 10/12/2017 COVERALL NORTH AMERICA INC 2,015.00 359149 10/12/2017 DEBBIE CARSON 50.00 359150 10/12/2017 MATHESON TRI -GAS INC 8,055.45 359151 10/12/2017 PEOPLE READY INC 9,317.74 359152 10/12/2017 DISTINCTIVE LANDSCAPE MANAGEMENT 450.00 359153 10/12/2017 ROBERT 0 RICHARDSON 111 100.00 359154 10/12/2017 GOVERNMENTJOBS.COM INC 9,000.00 359155 10/12/2017 MATTHEW NEAL VAN ERT 152.00 359156 10/12/2017 EMILY GOUGE 140.00 359157 10/12/2017 COLE AUTO SUPPLY INC 2,386.81 359158 10/12/2017 WILLIE BURDEN 60.00 359159 10/12/2017 RHOADES AIR & HEAT 3,150.00 359160 10/12/2017 MARISAALEXANDER 20.00 359161 10/12/2017 C&C SILT FENCING COPORATION 1,848.00 359162 10/12/2017 DANBRANLEY LLC 426.00 359163 10/12/2017 KONICA MINOLTA BUSINESS SOLUTIONS 964.37 359164 10/12/2017 BETH NOLAN 50.00 359165 10/12/2017 QUIKRETE HOLDINGS INC 5,562.80 359166 10/12/2017 THOMAS R PILIERO 44.00 359167 10/12/2017 ALEXANDRA APOSTOLIDES 24.00 359168 10/12/2017 SAKKARA HART 150.00 359169 10/12/2017 NESTLE WATERS NORTH AMERICA 5.97 359170 10/12/2017 SSE ASSOCIATES INC 2,860.00 359171 10/12/2017 APTIM COASTAL PLANNING & ENGINEERING INC 50,096.60 359172 10/12/2017 GBMT INC 1,102.00 359173 10/12/2017 JOHN WALCOTT 30.00 359174 10/12/2017 NEALPOOLE 160.00 359175 10/12/2017 ERIC SKALA 96.00 359176 10/12/2017 WOODROW DAWSEY 500.00 359177 10/12/2017 AMATEUR ATHLETIC UNION OF THE US INC 2,500.00 359178 10/12/2017 PATRICK TRAMEL 74.42 359179 10/12/2017 KEVIN GEUNTHER . 72.00 359180 10/12/2017 DELTA HOTELS ORLANDO 387.00 359181 10/12/2017 GLP ENTERPRISES INC 1,000.00 359182 10/12/2017 UTIL REFUNDS 5.88 359183 10/12/2017 UTIL REFUNDS 66.01 359184 10/12/2017 UTIL REFUNDS 78.25 359185 10/12/2017 UTIL REFUNDS 31.62 359186 10/12/2017 UTIL REFUNDS 25.05 4 P12 TRANS NBR DATE VENDOR AMOUNT 359187 10/12/2017 UTILREFUNDS 45.37 359188 10/12/2017 UTIL REFUNDS 31.93 359189 10/12/2017 UTIL REFUNDS 42.88 359190 10/1 2/2017 UTIL REFUNDS 34.63 359191 10/12/2017 UTIL REFUNDS 124.01 359192 10/12/2017 UTIL REFUNDS 14.70 359193 10/12/2017 UTIL REFUNDS 15.67 359194 10/12/2017 UTIL REFUNDS 33.56 359195 10/12/2017 UTILREFUNDS 71.02 359196 10/12/2017 UTIL REFUNDS 31.84 359197 10/12/2017 UTIL REFUNDS 64.12 359198 10/12/2017 UTIL REFUNDS 26.98 359199 10/12/2017 UTIL REFUNDS 64.12 359200 10/12/2017 UTILREFUNDS 46.71 359201 10/12/2017 UTIL REFUNDS 43.43 359202 10/12/2017 UTIL REFUNDS 14.57 359203 10/12/2017 UTIL REFUNDS 32.98 359204 10/12/2017 UTIL REFUNDS 43.07 359205 10/12/2017 UTILREFUNDS 46.85 359206 10/12/2017 UTILREFUNDS 70.75 359207 10/12/2017 UTIL REFUNDS 5.05 359208 10/12/2017 UTIL REFUNDS 27.95 359209 10/12/2017 UTIL REFUNDS 63.57 359210 10/12/2017 UTIL REFUNDS 36.43 359211 10/12/2017 UTILREFUNDS 33.29 359212 10/12/2017 UTILREFUNDS 11.57 359213 10/12/2017 UTILREFUNDS 159.19 359214 10/12/2017 UTIL REFUNDS 18.18 359215 10/12/2017 UTIL REFUNDS 15.79 359216 10/12/2017 UTILREFUNDS 175.06 359217 10/12/2017 UTIL REFUNDS 97.40 359218 10/12/2017 UTIL REFUNDS 50.69 359219 10/12/2017 UTILREFUNDS 34.63 359220 10/12/2017 UTIL REFUNDS 86.67 359221 10/12/2017 UTIL REFUNDS 80.06 359222 10/12/2017 UTIL REFUNDS 37.94 359223 10/12/2017 UTIL REFUNDS 43.54 359224 10/12/2017 UTIL REFUNDS 34.79 359225 10/12/2017 UTIL REFUNDS 44.40 359226 10/12/2017 UTIL REFUNDS 28.89 359227 10/12/2017 UTIL REFUNDS 252.23 Grand Total: 3,048,79731 P13 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1012164 10/06/2017 PARKS RENTAL & SALES INC 1,397.14 1012165 10/06/2017 COPYCOINC 103.64 1012166 10/06/2017 THYSSENKRUPP ELEVATOR 182.50 1012167 10/06/2017 ROGER CLEVELAND GOLF INC 3,394.17 1012168 10/06/2017 PRIDE ENTERPRISES 2,838.00 1012169 10/06/2017 SHRIEVE CHEMICAL CO 4,874.43 1012170 10/06/201.7 SOUTHERN JANITOR SUPPLY INC 4,867.45 1012171 10/06/2017 RADWELL INTERNATIONAL INC 622.73 1012172 10/10/2017 AT&T 9,803.07 1012173 10/10/2017 OFFICE DEPOT BSD CUSTOMER SVC 753.96 1012174 10/10/2017 WHEELABRATOR. RIDGE ENERGY INC 2,847.50 1012175 10/10/2017 APPLE INDUSTRIAL SUPPLY CO 73.95 1012176 10/10/2017 ALLIED UNIVERSAL CORP 5,048.23 1012177 10/10/2017 COMO OIL COMPANY OF FLORIDA 1.112.24 1012178 10/10/2017 COMPLETE ELECTRIC INC 365.00 1012179 10/10/2017 BARKER ELECTRIC, AIR CONDITIONING 168.00 1012180 -10/11/2017 HELENA CHEMICAL 2,907.50 1012181 10/11/2017 INDIAN RIVER BATTERY 445.80 1012182 10/11/2017 INDIAN RIVER OXYGEN INC 3,882.00 1012183 10/11/2017 MIKES GARAGE & WRECKER SERVICE INC 2,457.46 1012184 10/11/2017 MEEKS PLUMBING INC 781.00 1012185 10/11/2017 IRRIGATION CONSULTANTS UNLIMITED INC 88.64 1012186 10/11/2017 HYDRA SERVICE (S) INC 8,137.43 1012187 10/11/2017 NEXAIR LLC 755.58 1012188 10/12/2017 PARKS RENTAL & SALES INC 1,189.26 1012189 10/12/2017 ROBINSON EQUIPMENT COMPANY INC 130.21 1012190 10/12/2017 COPYCOINC 212.13 1012191 10/12/2017 RING POWER CORPORATION 32,434.38 1012192 10/12/2017 SOUTHERN COMPUTER WAREHOUSE 252.45 1012193 10/12/2017 SHRIEVE CHEMICAL CO 2,311.50 1012194 10/12/2017 RECHTIEN INTERNATIONAL TRUCKS 248.43 1012195 10/12/2017 STAT MEDICAL DISPOSAL INC 760.00 1012196 10/12/2017 RADWELL INTERNATIONAL INC 563.56 1012197 10/12/2017 PACE ANALYTICAL SERVICES INC 12,887.20 1012198 10/12/2017 TIGHT LINE PRODUCTIONS INC 518.00 1012199 10/12/2017 AT&T 135.04 1012200 10/12/2017 WASTE MANAGEMENT INC 1,982.90 Grand Total: 111,532.48 P14 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5451 10/06/2017 ]CMA RETIREMENT CORPORATION 11,519.42 5452 10/06/2017 IRC FIRE FIGHTERS ASSOC 6,480.00 5453 10/06/2017 ICMA RETIREMENT CORPORATION 1,970.00 5454 10/06/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 2.292.58 5455 10/06/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 32,658.14 5456 10/06/2017 FLORIDA LEAGUE OF CITIES, INC 3,528.70 5457 10/06/2017 INDIAN RIVER COUNTY SHERIFF 30.00 5458 10/06/2017 VEROTOWN LLC 26,686.22 5459 10/06/2017 KIMLEY HORN & ASSOC INC 20,610.17 5460 10/06/2017 IRC CHAMBER OF COMMERCE 6,607.11 5461 10/06/2017 VETERANS COUNCIL OF I R C 5,438.71 5462 10/06/2017 CDM SMITH INC 109,657.00 5463 10/09/2017 FL SDU 6,014.48 5464 10/10/2017 IRS -PAYROLL TAXES 431,543.41 5465 10/11/2017 FLORIDA DEPARTMENT OF REVENUE 5,724.29 5466 1011112017 FLORIDA DEPARTMENT OF REVENUE 947.23 5467 10/11/2017 FLORIDA DEPARTMENT OF REVENUE 1,293.54 5468 10/11/2017 FLORIDA DEPARTMENT OF REVENUE 599.82 5469 10/12/2017 TOTAL ADMINISTRATIVE SERVICES CORP 10,098.41 Grand Total: 683,699.23 P15 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney CONSENT: 10/24117 76 Office of INDIAN RIVER COUNTY MEMORANDUM TO: The Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: October 11, 2017 SUBJECT: Release and Satisfaction of Demolition Lien 32-39-26-00000-3000-00046.0 2460 41St Street, Vero Beach, Florida 32967 ATTORNEY On November 6, 2015 Indian River County recorded a lien against the property and record owner of 2460 41St Street in Vero Beach with regard to the demolition of three nuisance structures. The amount of the lien was $13,951.46. The property has recently been sold and at closing the lien was satisfied with both the principal amount of the lien and accrued interest being paid. Attached for the Board's consideration is the Release and Satisfaction. FUNDING: The only funding associated with this item is the recordation fee in the amount of $10.00 for recording the Release and Satisfaction in the public records. This amount is available from MSTU Fund /Road & Bridge (Recording Fees) Account No. 00421441-034830. REQUESTED ACTION: Authorize the Chairman to execute the Release and Satisfaction for recording in the Public Records of Indian River County, Florida. nhm Attachment P16 This document was prepared by: Office of Indian River County Attorney 180127th Street Vero Beach, FL 32960 772-226-1425 RELEASE AND SATISFACTION FOR AND IN CONSIDERATION of certain sums paid, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereby releases Beor Fund 1, LLC and 131-1- 18 Properties, LLC, a Florida limited liability company, and that certain Lien for removal of nuisance structures recorded in Book 2890, Page 884 as well as that certain Certificate of Building Official, recorded in Book 2803, Page 104; and the following property recited in Resolution No. 2015-026, recorded in Book 2826, Page 1496, all of the Public Records of Indian River County, Florida: Beginning at a point 600 feet East of the SW corner of SW '/ of NW 1/4 of Section 26, Township 32 South, Range 39 East, Indian River County, Florida; Run E 225 feet; North 330 feet; West 225 feet; South 330 feet to P.O.B., LESS to Holly Jackson & 25 feet for Road R/W. Parcel No. 32-39-26-00000-3000-00046.0 EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, this day of October, 2017. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER BOARD OF COUNTY OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman BCC approved: The foregoing instrument was acknowledged before me this day of October, 2017 by Joseph E. Flescher, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. Approved as to form and legal suffi ie y: William K. DeBraal Deputy County Attorney NOTARY PUBLIC printed name: Commission No.: Commission Expiration: P17 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services / Recreation Division MEMORANDUM Date: October 16, 2017 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Michael Redstone, Recreation Manager Subject: Rejection of RFP 2016051— Vending Machines for the Intergenerational (iG) Recreation Center It is requested that the information herein presented be given formal consideration by the Board of County Commission at its regular meeting of October 24, 2017. BACKGROUND: The county opened the Intergenerational Recreation Facility at 1590 91h Street SW in September of 2016. In addition to housing the county's Recreation Division, the facility host classes, meetings, athletic programs and numerous events. On August 31 st, 2016, the Recreation Division through the Purchasing Division submitted a Request for Proposals (RFP) on three vending machines located in the designated ten foot by three foot alcove near the center of the main hallway. In the interim, the Recreation Division has been providing vending items in house. ANALYSIS: Four proposals were submitted in response to the RFP. However, due to the need for expanded vending not only at the iG Center but also at other Recreation and General Services locations the Recreation Division has proposed widening the vending footprint. RECOMMENDATION: The Recreation Division recommends the Board reject all proposals submitted in response to invitation to RFP 2016051 and authorize the Recreation Division thru the Purchasing Division to re- issue a modified RFP to encompass the needs of multiple Recreational sites. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@OCOEE6EA\@BCL@OCOEE6EA.docx P18 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 6, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommended Approval of Ranking of Firms and Award of Annual Maintenance at Spoonbill Marsh (RFP 2017066) BACKGROUND: On behalf of the Indian River County Department of Utility Services (IRCDUS), Requests for Proposals (RFPs) were solicited for annual maintenance at the Spoonbill Marsh treatment facility. Work included under the solicitation includes periodic mowing, invasive species control, boardwalk maintenance and repairs, and cleaning of ditches, runnels, screens and breeches. The work has not previously been formally solicited. RFQ RESULTS: Advertising Date: June 30, 2017 RFP Opening Date: August 24, 2017 DemandStar Broadcast to: 611 Subscribers RFP Documents Requested by: 33 Firms Replies: 2 Firms ANALYSIS: A selection committee comprised of Arjuna Weragoda, P.E., Capital Projects Manager, Terry Southard, Utility Operations Manager, Eric Charest, Environmental Compliance Specialist, Art Pfeffer, Project Specialist and Mike Wyatt, Chief Operator, North County RO Plant independently evaluated and scored the received proposals in accordance with the County Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. After the initial ranking was developed, the committee determined interviews are not necessary and declared their ranking final. P19 he tinal ranking established by the committee is: Proposing Firm Location 1. Southern Management, LLC Vero Beach 2. Florida Environmental Consulting, Inc. Vero Beach FUNDING: The total estimated annual cost for work under this award is $269,608.00 and will be funded using Other Professional Services as well as Renewal and Replacement funds in the operating budget. Operating funds are derived from water and sewer sales. Account Name Account Number Amount Other Professional Services 47129236-033190 $182,048.00 Spoonbill Marsh Boardwalk 47123536-044699-18501 $ 87,560.00 Total $269,608.00 RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and award RFP 2017066 to Southern Management, LLC of Vero Beach. Staff further recommends the Board approve the sample agreement and authorizethe Chairman to sign once it has been reviewed and approved by the County Attorney as to form and legal sufficiency and after receipt of all required insurance by the Risk Manager. Attachment Sample Agreement P20 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 Southern Management, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Annual Maintenance at Spoonbill Marsh ARTICLE 2 -THE PROJECT 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: Bid Number: Project Address: ARTICLE 3 - CONTRACT TIMES 3.01. Time of the Essence Annual Maintenance at Spoonbill Marsh RFP 2017066 1300 57th Street, Vero Beach, FL 32967 A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness forfinal payment as stated in the specifications are of the essence of the Agreement. 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 work completed and at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Owner shall make monthly payments based on invoices submitted and for work completed by CONTRACTOR. ARTICLE 6 - INDEMNIFICATION 6.01 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 attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the P21 CONTRACTOR and 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 Invitation to Bid 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 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. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents P22 A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to inclusive); (2) Certificate of Liability Insurance (3) Request for Proposals 2017066 (4) Addenda (numbers 1 to 2 inclusive); (5) CONTRACTOR'S Price Proposal Bid Form (page 12 of 21); (6) CONTRACTOR'S Submitted Proposal (7) Affidavit of Compliance (page 21 of 21); (8) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 19 to 20 of 21, inclusive); (9) 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 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 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. 9.03 Successors and Assigns P23 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. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. P24 B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 —FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the -clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. Any agency providing outside funding for any portion of this work shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to P25 include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. B. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the OWNER, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to theOWNER, Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. C. Energy Policy and Conservation Act: The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. D. Suspension and Debarment (1) 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). (2) 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. (3) This certification is a material representation of fact relied upon by Indian River County. 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 State of Florida and Indian River County), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) 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. E. Byrd Anti -Lobbying Amendment CONTRACTOR certifies to OWNER 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 P26 of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. F. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. L. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. M. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. N. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. O. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. P. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring 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 of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. P27 Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. P28 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 Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman By: 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: Title: Address: Phone Email CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) P29 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM ` TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Directo James W. Ennis, P.E., PMP, County Engineer FROM: William Johnson, P.E., Roadway Production Engine SUBJECT: FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature for Indian River Boulevard Sidewalk from 37th Street to 53rd Street FM No. 436860-1-58-01 DATE: October 11, 2017 DESCRIPTION AND CONDITIONS Indian River County has been awarded a $416,720.00 Florida Department of Transportation (FDOT) Local Agency Program (LAP) Grant for the construction of a 5 -foot wide concrete sidewalk along the west side of Indian River Boulevard from 37th Street to 53rd Street. The work will include pedestrian signals at Indian River Boulevard/37th Street intersection, Indian River Boulevard/41" Street intersection, and Indian River Boulevard/45'h Street intersection; construct drainage improvements as needed; perform earthwork construction, maintenance of traffic, erosion control and miscellaneous pavement markings as needed. This project is scheduled to'be advertised January 2018 and must be completed by December 31, 2019. The FDOT has requested Indian River County execute and deliver to the FDOT the attached Agreement as well as a Resolution authorizing the Board of County Commissioners to execute this Local Agency Program Agreement. FUNDING The federal funds appropriated for this FDOT LAP grant are in the amount of $416,720.00. The Engineering Division estimates the total cost for the construction to be approximately $525,976.00. Funding will be charged to Optional Sales Tax Account No. 31521441-066510-16025. F:\PUBLICWORKS\ENGINEERING DIVISION PROJECTS\1415-IR BLVD SIDEWALK -37TH ST TO 53RD ST\1-ADMIN\AGENDA ITEMS\FDOT LAP AGREEMENT\BCC FDOT CO LAP AGREEMENT AND RESOLUTION MEMO.DOC P30 Page Two, FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature For October 24, 2017 Agenda RECOMMENDATION Staff recommends approval of the Local Agency Program (LAP) Agreement FM NO. 436860-1-58-01 and recommends adopting the Resolution and authorizing the Chairman to sign the Agreement. ATTACHMENTS 1. IRC Grant Form 2. Authorizing Resolution 3. FDOT Local Agency Program (LAP) Agreement No. 436860-1-58-01 DISTRIBUTION Florida Department of Transportation APPROVED AGENDA ITEM FOR OCTOBER 24,201 F:\PUBLICWORKS\ENGINEERING DIVISION PROJECTS\1415-I R BLVD SIDEWALK 37TH ST TO 53RD ST\1-ADMIN\AGENDA ITEMS\FDOT LAP AGREEMENT\BCC FDOT CO LAP AGREEMENT AND RESOLUTION MEMO.DOC P31 GRANT NAME: FDOT LAP Indian River Blvd ((3701 St — 531d St) Sidewalk GRANT # 436860-1-58-01 AMOUNT OF GRANT: $416.720.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: James W. Ennis. P.E.. PMP, Counjy Engineer TELEPHONE: (772) 226-1221 1. How long is the grant for? Until December 31, 2019 Starting Date: Letting Date prior to 3/12/18 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? _X—Yes No If yes, does the grant allow the match to be In -Kind services? Yes X No 4. Percentage of match to grant 20.77205046% 5. Grant match amount required R 109,7.56 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ 1 TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? - 10919560D Signature of Preparer: /� _ Date: /o I Er / t . P32 Grant Amount Other Match Costs Not Covered Match Total First Year $ 416,720.00 $ $ 109,256.00 $ 525,976.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ Is $ $ Signature of Preparer: /� _ Date: /o I Er / t . P32 RESOLUTION NO. 2017 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF A 5 -FOOT WIDE CONCRETE SIDEWALK, PEDESTRIAN SIGNALS AND DRAINAGE IMPROVEMENTS ALONG THE WEST SIDE OF INDIAN RIVER BOULEVARD FROM 37TH STREET TO 53RD STREET. WHEREAS, the construction of a sidewalk, pedestrian signals and drainage improvements along the west side of Indian River Boulevard from 37th Street to 53rd Street is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for construction of sidewalks, pedestrian signals and drainage improvements along the west side of Indian River Boulevard from 37th Street to 53rd Street under the Local Agency Program (LAP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Local Agency Program Agreement for the aforementioned project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Local Agency Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Bob Solari Commissioner Susan Adams Commissioner Tim Zorc who moved its and, upon being put to a vote, The Chairman thereupon declared the resolution passed and adopted this .2017. BOARD OF COUNTY COM M ISSSION ERS OF INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney Joseph E. Flescher, Chairman R\Public Works\ENGINEERING DIVISION PROJECTS\1415-IR Blvd Sidewalk -37th St to 53rd St\3-Admin\agenda items\FDOT LAP Agreement\Resolution LAP Agreement.doc day of P33 DoaiSign Envelope ID: 27562A39-5459-4980-BOFD-AEIDCBC76974 FPN: 436860-1-58-01 Federal No (FAIN): 8886-830-A Federal Award Date: Fund: TALT Org Code: 55043010404 F'LAIR.Approp; STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52WO 40 LOCAL AGENCY PROGRAM AGREEMENT "`"'""NA°BEN'' OGC- 07/17 pop idle FPN: Federal No (FAIN): Federal Award Date: Fund: Org Code: FLAIR Approp: FPN: Federal No (F#JN): Federal Award Date: Fund: Org Code: FLAIR Approp: CountyNo:88 Contract No: Local Agency Vendor No: F596000673026 Local Agency DUNS No: 079208989 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS LOCAL AGENCY PROGRAM AGREEMENT CAgreement"), is made and entered into this day of between the State of Florida, Department of Transportation, an agency of the State of Florida CDepartment"), and Indian River County ("Agency"). NOW, THEREFORE, in consideration of the mutual covenants, promises and representations In this Agreement, the parties agree as follows: 1. Authority: The Agency, by Resolution No. dated the day of. .20 , a copy of which is attached as Exhibit "F" and made a part of this Agreement, has authorized its officers to execute this Agreement on Its behalf. The Department has the authority pursuant to Section 339.12, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in India River Blvd. from 37th St. to 53rd St., as further described in Exhibit "A", Project Description and Responsibilities attached to and incorporated in this Agreement CProject"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in Which the Project will be undertaken and completed. 3. Term of Agreement: The Agency agrees to complete the Project on or before December 31, 2019. if the Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period Is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the expiration date of this Agreement wig not be reimbursed by the Department. 4. Project Cost: A. The total cost of the Project Is $ 525.976.00. This amount is based upon the schedule of funding In Exhibit "B", Schedule of Funding attached to and incorporated in this Agreement The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for In paragraph 5.1. B. The Department agrees to participate in the Project cost up to the maximum amount of $416.720.00 and as more fully described in Exhibit "B". This -amount Includes Federal -aid funds which are limited to the actual amount of Federal -aid participation. C. Project costs eligible for Department participation will be allowed only from the date of this Agreement It is. understood that Department participation in eligible Project costs is subject to: #. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; 11: Availability of funds as stated, in subparagraphs S.L. and 5.M. of this Agreement; Approval of.all, plans;.spectiications; cm-dracts-or other obligating documents and all other terms urI of this Agreement; and P34 DocuSign Envelope ID: 27562A39-5489-4980-B0FD-AE1 DCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 62"1040 LOCAL AGENCY PROGRAM AGREEMENT PROCaRAMMANAGEMENT oGC-omT Pape 2 of 15 iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. 5. Requisitions and Payments: A.. The Agency shall provide quantifiable, measurable, and verifiable units. of deliverables. Each deliverable must specify the. required minimum level of -service to be performed and -the criteria for evaluating successful completion. The Project and the quantifiable, measurable; and verifiable units of deliverables are described more fully in Exhibit W. B. Invoices shall be submitted by the Agency in detail sufficient for a proper pre-audit.and post -audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. C. The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. D. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" was met. E. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. F. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Agency shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the Department for the retained amount during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. G. Agencies providing goods -and services to the Department should be aware of the following timeframes. Inspection and approval of..goods or services shall take no longer than 20,idays from the Department's receipt of. the •invoice, -.The.' Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or.the goods or services are received, inspected., and approved. . - .. . If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(9), F S., will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of -less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be�retu.med to.an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements- do not start until a properly completed invoice is provided,to the Department.: P35 DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AEIDCBC76974 STATE OF FLORIDA DEPARTMENT OF IRMSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAceME117 O a(`C-07117 Peps 016 A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this Individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. H. Records of costs incurred. under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and. records shall be furnished to the Department upon: request •. Records of.costs incurred Include the Agency's general accounting records .and the project records, together with supporting documents and.*records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a Local Agency Program ("LAP') Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon determination of the agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. J. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount Is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph. shall not be considered a breach of contract by the Department K. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project Invoices submitted after the 120 -day time period may not be paid. L. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement If incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. M. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the corinptroller of the- Department that funds are available prior to entering into any such contractor other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of.the Department which are for -an amount in excess of $25,000 and which have a term for a period of more than 1 year." 6. Departrnent:'PaymentObligations: Subject to other provisions of this Agreement, the Department will honor requests for"reimbursement to the Agency pursuant to this -.Agreement.:' However, notwithstanding any'other provision of "this Agrderrtent;1be Oepartmeot-may elect by notice •in writirig not td Wake a payment if: P36 DoouSign Envelope ID: 27562A39-5489-4980-BOFD-AE1DCBC76974 STALE OF FLORIDA DEPARTMENT OF TRANSPORTATION 06-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MA NAGEMENT 0f3C-07117 Page 4 of 16 A. The Agency shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; B. There is any pending litigation with respect to the performance by the Agency- of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; C. The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved; D. There has been any violation of the conflict of interest provisions contained in paragraph 16.J.; or E. The Agency has been determined by the Department to be in default under any of the provisions of the Agreement The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal -aid. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the Department's issuance of a Notice to Proceed ("NTP"), costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be bome by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department 7. G®neral Requirements: The Agency shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed In accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part of this Agreement. Time is of the essence as to each and every obligation under this Agreement. A. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in'responsible charge of the Project, which employee should be able to perform the following duties and functions: 1. Administers inherently governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; ii. Maintains familiarity of day to day Project operations, including Project safety issues; ill. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements; iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and complexity of the Project; . v. Reviews financial processes, transactions and documentation to ensure that safeguards are In place to minimize fraud, waste, and abuse; vi. Directs Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation; vil. Is aware of the qualifications; assignments and on-the-job performance of, the Agency and consultant staff:atall stages of.the Project. P37 DocuSlgn Envelope ID: 27562A39-54B9-4980-BOFD-AEIDCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 9"10.0 LOCAL AGENCY PROGRAM AGREEMENT PROGRAMMMIAGEMEN7 attic-o7n7 Paye 6 of 15 B. Once the Department issues the NTP for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department no less than once every 90 days (quarterly), beginning from the day the NTP is issued. If the Agency fails to submit quarterly invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the "FHWA" removing any unbilled funding or the loss of State appropriation authority .(which may include the loss of state and - federal. funds, if there are state funds programmed to the Project), then the Agency will be solely responsible 'to provide all funds necessary to. complete the Project and the. Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the. loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de -certification of the Agency for future LAP Projects. No cost may be incurred under this Agreement until after the Agency has received a written NTP from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled advertisement the District LAP Administrator should be notified as soon as possible. C. if all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Agency, and the Project is off the state highway system, then the Department will have to request repayment for the previously billed amounts from the Agency. No state funds can be used on off -system projects, unless authorized pursuant to Exhibit "G", State Funds Addendum, which will be attached to and incorporated in this Agreement in the event state funds are used on the Project. D. in the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Agency to enter into this Agreement or to undertake the Project or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. E. The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. F. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems as required. G. Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C. F. R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists. Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. . H. For any project requiring additional right-of-way, the Agency must submit to the Department an annual reportof its real property acquisition and relocation assistance activities on .the project. Activities shall be reported on •a federal fiscal -year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 -C.F.R: Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. P38 DocuSign Envelope ID: 27562A39-5489-4980-BOFD-AE1DCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION . 6YS01g40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM NUWAC,EMENT DGS 07117 Page 8 of 15 8. Audit Reports: The administration of resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any State agency inspector general, the State .of Florida Auditor General or any other State official. The Agency shall comply with all audit and audit reporting requirements as specified below. A. In. addition. to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December- 26, 201.4, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for 1scal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. B. The Agency, a non-federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a subrecipient of a federal award awarded by the Department through this Agreement is subject to the following requirements: i. In the event the Agency expends a total amount of federal awards equal to or In excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a federal single or program - specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit "9", Federal Financial Assistance (Single Audit Act) to this Agreement provides the required federal award identification information needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining federal awards expended in a fiscal year, the Agency must consider all sources of federal awards based on when the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part It. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the audkee responsibilities as. provided -In OMB Circular A-133, for fiscal years. beginning,,before December 26,. 2014, and as provided in 2 -.CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. ill. In the event the Agency expends.lewthan-the threshold established by -OMB Circular A433, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit. Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards,.the Agency is. exempt from federal audit requirements for that fiscal year. However, the ,Agency must provide a • - single -. • audit • exemption statement to the Department at FDOTSinoleAudit(&dot.state.fi.us no later than nine months after the end of the Agency's audit ,F+ _ .::•.period foK each appiicabie,audit year: lit;#he event the Agency expends less than the -.threshold P39 DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AEIDCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52501640 LOCAL AGENCY PROGRAM AGREEMENT PROORAMMANACEMENT ooa mnr Pipe 7 d 15 established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non-federal resources (i.e., the .cost of such an audit must be paid from the* Agency's resources obtained from other than federal entities). Iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https:l/harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A- 133, for fiscal years beginhing before December 26, 2014, and as required by 2 -CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A- 133, 133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSinaieAudit _dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular AA33, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such a proceeding, be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program; 6. Take other remedies that may be legally available. A. As a condition .of. receiving this federal award, the Agency shall permit .the Department, or its designee, the CFO or•State .of Florida Auditor. General access to Agency's. records including financial statements, the -independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. P40 DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AE1DCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT o0Ir07nI Pegs e of is vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSIngleAudit dot.state.fl.us C. The Agency shall -retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 9. Termination or Suspension of Project: The Department may, by written notice to the Agency, suspend any or all of the Agency's obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the Interest of the Department requires such termination. A. If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 9.B. below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. B. If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. C. If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress on Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. D. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub -contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement unless the records are exempt E. Upon receipt of any final termination or suspension notice under this paragraph 9., the Agency shall proceed promptly to carry out the actions required in such notice, which may include any or all of the following::. (a). necessary action to terminate or . suspend,. as the case may be, Project. activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; or (b) furnish a statement of the Project activities and contracts and.other undertakings. the cost..of which.areotherwise includable as Project costs, The, termination or suspension shall -be carried out in conformity with the latest schedule, plan, -and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to fumish the schedule, plan, and estimate within a reasonable time. The closing.out.of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. P41 DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AEIDCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52641040 LOCAL AGENCYPROGRAM AGREEMENT PRocRAnrMrwNAoeMEN7 oac-OTA r Papatdls 10. Contracts of the Agency: A. Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves the right to review the qualifications of any consultant or. contractor. and to approve or disapprove the employment of such consultant or contractor. B. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects funded under this Agreement In all cases, the Agency shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act and the federal Brooks Act. C. The Agency shall comply with, and require its consultants and contractors to comply with applicable federal law pertaining to the use of Federal -aid funds. The Agency shall comply with the provisions in the FHWA-1273 form as set forth in Exhibit "C", FHWA 1273 attached to and incorporated in this Agreement. The Agency shall include FHWA-1273 in all contracts with consultants and contractors performing work on the Project. 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex In the award and performance of contracts, entered pursuant to this Agreement. 12. Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certcation Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable. 13. Performance Evaluations: Agencies are evaluated on a project -by -project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Agency's person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation. to .the Agency no more than 30 days after final acceptance. A. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the .Agency failed to develop the . Project • in accordance with applicable federal and. state regulations, standards and procedures, required excessive District involvementloversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvementloversight., A rating of Above Satisfactory Performance means. the Agency developed the Project in . accordance .with applicable federal and state regulations, standards and procedures, without District involvementloversight. P42 DocuSign Envelope ID: 27562A39-54B94980-BOFD-AEiDCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52SO1440 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT coca-ornr Papa 10 d 1s B. The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the Agency agrees as follows, and agrees to require its contractors and subcontractors to include In each subcontract the following provisions: A. The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation Issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include the attached Exhibit "E", Tide VI Assurances in all contracts with consultants and contractors performing work on ,the Project that ensure compliance with Title VI of the Civil Rights Act of 1964.49 C.F.R. Part 21, and related statutes and regulations. S. The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. C. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. D. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. E. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. F. Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. if any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department,- may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the. Project or any property, included or planned to be Included in any Project, and shall require its* contractors to insert in each of their subcontracts, the_foilowing provision: "No member; officer or, :employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest; direct or indirect, in -this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or. to any agreement for utility services the rates for which are -fixed or controlled by a governmental agency. .0. No member orx#elegate civ °the Congless.-of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. P43 DocuSign Envelope ID: 27562A39-5489-4980-BOFO AEiDCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION $25610+40 LOCAL AGENCY PROGRAM AGREEMENT `'s0G1i/°""AANAOENENT OtR;-OTHT pap t1 Of is 15. Indemnification and Insurance: A. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal Injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in -connection with this Agreement. Additionally, the Agency agrees to Include the following indemnification in all contracts with contractors/subcontractors, or consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, Including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the performance of this Contract." This indemnification shall survive the termination of this Contract Nothing contained In this paragraph Is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign Immunity. To the fullest extent permitted by law, the Agency's consultant shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the consultant and persons employed or utilized by the consultant in the performance of this Contract This indemnification shall survive the termination of this Contract Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity." B. The Agency shall, or cause its contractor or consultant to carry and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000 per person and $300,OOQ each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement The Agency shag also, or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as required by the State of Florida under the Workers' Compensation Law. With respect to any general liability Insurance policy required pursuant to this Agreement all such policies shall be issued by companies licensed to do business in the State of Florida. The Agency shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies. reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in. accordance with Florida law. 16. Miscellaneous Provisions. A. The Agency will be solely responsible for compliance with all applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any Joss incurred' in- connection therewlth: . The Agency. will - be responsible for securing any applicable permits; The Agency shall include In all contracts and -subcontracts for amounts in excess of $150,000; a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the P44 DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AEIDCBC76974 STATE OF FLORKA DEPARTMENT OF TRANVKWATION 52"1040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT >. Of3C-07/17 Pae 12 0f 15 Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). B. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement C. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall In no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. D. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. E. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. F. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project G. In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department H. Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. 1. The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title Is In the Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. J. The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress,, an -.officer or employee of Congress or an employee, of a Member of Congress in connection with. the.awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan -or cooperative agreement If any -funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of.Congress or an employee of a Member of Congress in connection with -this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall requite that the language of this paragraph be included in the : award documents for all subawards at all tiers. (including subcontracts, _ subgrants; 'arld,contracts, under -!grants, Moans,: and • cooperative agreements) -and. that all subrecipients P45 DocuSign Envelope ID: 27562A39-5489-4980-BOFD-AEI DCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52WO40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGG- 07/17 Page 17 e115 shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. K. The Agency may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project. L. The Agency agrees to; maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑ will not maintain the improvements made for their useful life. M. The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. N. The Agency: I. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and II. shall expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. O. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. P. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. Q. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. R. Exhibits I. Exhibit "A", Project Description and Responsibilities, Is attached and incorporated into this Agreement. ii. Exhibit W, Schedule of Funding, is attached and incorporated into this Agreement. iii. ® If this Project includes Phase 58 (construction) activities, then Exhibit "C", FHWA FORM 1273, is attached and incorporated into this Agreement iv. ❑ An iAltemative Pay Method is used on this, Project. If an alternative Pay Method is used on this Project,' then Exhibit "D", Altemative Pay Method, Is attached and incorporated into this Agreement. v. Exhibit "E", Title VI Assurances is attached and incorporated into this Agreement vi. Exhibit "F", ,the Agency Resolution authorizing entry into this Agreement, is attached and Incorporated into this Agreement: .vil.::0.State'Funds are used on this Prgject If State.Funds are,used,on this.P.roJect, then Exhibif"Q% Stabefthdi AddendumJs attached and incorporated into this Agreement. P46 DocuSign Envelope ID: 27562A39-54B94980-BOFD-AEI0CBC76974 STATE OF FLORIDA DWART ENt OF TRANSPORTATION sum" LOCAL AGENCY PROGRAM AGREEMENT P"Odt" MANAGUNR4 ooc-07117 POP 14 of 16 viii. ❑ This Project is located off the State Highway System and includes funding for landscaping. If this Project is located off the State Highway System and includes funding for landscaping, then Exhibit "Vis attached and incorporated into this Agreement ix. ❑ This Project utilizes Advance Project Reimbursement If this Project utilizes Advance Project Reimbursement, then Exhibit "R" is attached and incorporated into this Agreement. x. ❑ This Project includes funding for a roadway lighting system. If the Project includes funding for 'roadway lighting system, Exhibit "RL" is attached and Incorporated into this Agreement A. ❑ This Project includes funding for traffic signals and/or traffic signal systems. If this Project Includes funding for traffic signals and/or traffic signals systems, Exhibit "T" is attached and incorporated Into this Agreement. )di. Exhibit "1", Federal Financial Assistance (Single Audit Act) is attached and incorporated into this Agreement Ali. ❑ State Funds are used on this Project If State Funds are used on this Project, then Exhibit 02", State Financial Assistance (Florida Single Audit Act), is attached and incorporated Into this Agreement The remainder of this page intentionally left blank. P47 DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AE1 DCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 32581040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAMM&4WjBMW ooa07n7 Pape 150/ 18 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. AGENCY Indian River County STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By. Name: Joseph E. Flescher Name: Stacy L. Miller, P.E. Title: Chairman Tfe: Director of Transportation Development Dated: Legal Review. APPROVED AS TO FORM AND LEGAL SUFFICIENCY Bv: William K. DeBraal . Deputy County Attorney ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk P48 s DocuSign Envelope ID: 27562A39-54B9-4984-BOFD-AEIDCBC76974 STATE OF FLORIDA OWARTMENr OF TRANSPORTATION sMi11040 LOCAL AGENCY PROGRAM AGREEMENT PROtiRAMMAK46BUNT OW-MIS -MIS Pape, EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 436860-1-58-01 This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of Transportation and Indian River County PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 2.471 Miles PROJECT DESCRIPTION: Indian River Blvd. Sidewalk Improvements from 3r St to 531' St. Construction of a 6' wide concrete sidewalk, pedestrian crossing Improvements at the Indian River Blvd. and 37th St intersection, the Indian River Blvd. and 416t St. intersection, and the Indian River Blvd. and 450' St. intersection, drainage improvements, earthwork, maintenance of traffic, erosion control and pavement markings. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A . b) Design to be completed by N/A . c) Right -of -Way requirements identified and provided to the Department by NIA . d) Right -o# -Way to be certified prior to advertising for construction (All Phase 58 LAPS) e) Construction contract to be let by 3/12/2018. :f) Construction to be completed by 12131/2019. If this schedule cannot be met, the Agency will notify -the Department in writing with a revised schedule or the project Is subject to the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: NIA =1I DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AEIDCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 625-010408 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANGEMENT013C-08tis Doc -Dans Page 1 of 1 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 436860-1-58-01 Indian River County 1801 27th St. Vero Beach, Fl. 32960 The Department's fiscal year begins on July 1.' For this project, funds are riot projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, In writing, when funds are available. P50 FUNDING (1) TYPE OF WORK B Fiscal Year PROJECTAFUNDS LOCAL FUNDS STATE FUNDS FEDERAL(4) EDERAL FUNDS Planning -118 FY: FY: FY: Total Planning Cost roject Development & Environment (PD&E) - 28 FY: FY: FY: Total PD&E Cost Design - 38 FY: FY: FY: Total Design Cost Right-af--Way - 48 FY: FY: FY: Total Nght-*Rfty Cost nstruction48 FY: 2017-2018 S475,970. $59,260.00 S418.720,00 FY: FY: FY: Total Construction Cost $475,970.00 $59,250.00 $416,720.00 onstruction Engineering and inspection (CEQ - e8 FY: 2017-2018 $50,000.00 $50,006.00 FY: FY: Total CEI Cost $50,006.00 $50,006.00 Aerations — 88 FY: FY: FY: Total Operations Costs TOTAL COST OF THE PROJECT $525,978.00 $109,256.00 $418,720.00 The Department's fiscal year begins on July 1.' For this project, funds are riot projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, In writing, when funds are available. P50 DocuSlgn Envelope ID: 27562A39-54B9-4980-BOFD-AEIDCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "C" 525-M04X PROGRAM MANAGEMENT OW -=5 Poo iof1 FHWA FORM 1273 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC — COMPLIANCE WITH FHWA 1273. The FHWA-1273 version dated May 1, 2012 is appended in its entirety to this Exhibit. FHWA- 1273 may also be referenced on the Department's website at the following URL address: bttp://www.fbwa.dot ggy/pro�ramadmin/contracts/1273/1273 Of Sub -recipients of federal grants awards for Federal -Aid Highway construction shall take responsibility to obtain this information and comply with all provisions contained in FHWA- 1273. P51 DocuSign Envelope ID: 27562A39-5489-4980-BOFD-AE1DCBC76974 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondisabninallon III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Haws end Safety Standards Act Provisions VI. Subletting orAsslgning the Contract VII. Safety: Accident Prevention Vill. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Canbol Act X. Compliance with Govemmenhvide Suspension and Debarment Requirements Xi. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materiels Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) L GENERAL 1. Form FMNA-1273 must be physWily incorporated in each construction contract funded under We 23 (excluding emergency contracts coley intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and father require its Inclusion In all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or asmices). The gooeblo requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shad be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FM X1273 must be included In all Federal -aid design - build contracts, in all subcontracts and in lower Her subcontracts (excluding subcontracts for design seMces, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -gar subcontractor or service provider. Contracting agencies may reference Form FMA -1273 In bid Proposal or request for proposal documents, trowever, the Form FHWA 1273 must be physically incorporated (not referenced) In all Contracts. subcontracts and lower -der subcontracts (excluding purchase orders. rental agreements and other agreements for supplies or seivloes related to a construction contract). L. 2. Subject to the applicability criteria noted Irt the following . sections, Brest contract provisions shelf appy to all work performed on the contract by the contractors own orgsntwdon and with the assistance of worlaers under the contractors Immediate superintendence and to all work performed on the contact by piecework, station work; orby suboonbacL. FHM X1273 — Revised May 1, 2012 3. A breach of any or the stipulations contained in Brew Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension f debarment or any other action datemuned to be appropriate by the contacting agency and FWA. 4. Selection of Labor: During the performance of Oft contract, The contractor shall not use convict labor for any purpose within the limits of a construction project on a Feder�adaid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or Waal minor collectors. h. NONDISCRIMINATION The provisions of etre section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all Mated construction subcontracts of $10,000 or more. The provisions of 23 CFR Pad 230 are not appdcable to material supply. engineering, or arohRecturel service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246.41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, Bre Rehabilitation Act of 1973, as amended (29 USC 794), Tide VI of rine Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: an requirements of the Equal Opportunity Clause In 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10.000, the Standard Federal Equal Employment Opportunity Construcgon Contract Specifications in 41 CFR 60.4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 16251627. The contracting agency and the FMNA have the authority and the responsibility to ensure compliance with TWO 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1984, as amended, and related regulations includirng 49 CFR Parts 21, 26 and 27. and 23 CFR Parts 200, 230, and 633. The fodowing provision is adopted from 23 CFR 230, Appendix A. with appropriate revisions to conform to the U.S. Department of labor (US DOL) and FMA requirements. 1. Equal Employment OpportunNy: Equal employment opportunity (EEO) requirements not to diecrhntnate and to take affirmative action to assure equal opportunity as sat forth WAW taws, executive orders, rules, regulations (28 CFR 35. 29 CFR 1630,29 CFR 16215-1627.41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C.140 shall constitute the EEO and specific afflrmative action standards for the oonta"s project adivldes under P52 DocuSign Envelope ID: 27562A39-54B94980-BOFD-AE1DCBC76974 this contract. The provisions of the Americans with Disabilities Act of 1990 {42 U.S.C. 12101 at seq.} set forth under 28 CFR 36 and 29 CFR 1630 are Incorporated by reference in this contract, In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Goverment to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its leans and conditions of employment and in their review of activities under the contract. b. The contractor wig accept as its operating policy the following staloment: "It is the policy of this Company to assure that appric:ants are employed. and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer, recruitment or recruitment adverii ft; layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship, Pre-apprenboaship, and/or on-the- job trakning " 2. EEO Officer. The contractor will designate and make known to the contracting otffoars an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do 30. 3. Dissemination of Policy: Ali members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved In such action, will be made fully cognizant of, and will implement, the contractors EEO policy and contractual responsibilities to provide EEO In each grade and classification of employment. To ensure that the above agreement will be met the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employass will be conducted before the start of work and then not less often than once every six months, at which time the oontrackies EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough Indoctrination by the EEO Officer, covering all mayor aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor"i procedures for locating and hiring minorities and woman. . d. Notices and posters setting forth the contractor's EEO policy will be placed 4n areas readily omissible to employees, applicants for emptoymentand potential employees. a. The oxntractoes EEO policy and the procedures to Implement such policy will be brought to the attention of e01000" by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment When advertising for employees, the contractor will Include to a0 advertisements for employees the notation: An Equal Opportunity Employer.' All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee refarrat sours likely to yield qualified minorities and women. To meet this requirement the contractor will Identify sources of potential minority group employees, and establish with such Identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the avant the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent Unit the system meata the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has Una affect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. S. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type. Including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The folkmving procedures shall be IbIlowed: a. The contractor will conduct periodic inspections of project sites to Insure that working conditions and employee facif /las do not indicate discriminatory treatment of project site personnel. b. The contractor YON periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage pmcBces. a The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review Indicates that the discrimination may extend beyond the aeons reviewed, such corrective action shall bndnMe ail affected parsons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints. and will take appropriate corrective action within a reasonable time. If the Investigation indicates that the discrimination may affect persons other than the complainant, -such corrective action shat) include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying. and Increasing the skills of minorities and women who are P53 DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AE1DCBC76974 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprentioeshlp, :and on-the-job training programs for the •. geographical area of contract perforrnence. In the event a special provision for training is provided under this contract this subparagraph will be superseded as indicated In the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contract will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. T. Unions: If the contractor relies In whole or in pan upon unions as a source of employees, the contractor wig use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor. either directly or through a contractor's association acting as agent, slit Include the procedures set forth below. a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skins of minorities and women so that they may qualify for hoar paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sax, national origin, age or disability. c. The contractor Is to obtain information as to the referral practices and policies of the tabor union except that to the extent such Information is within the exclusive possession of the labor union and such labor union refuses to famish such information to the contractor, the contractor shall so cerdly, to the contracting agency and shag set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fin the employment vacancies without regard to race, color, religion, sex, national origin, age or disabifdy: meldng full efforts to obtain qualified. and/or q ualfflable minorities and.wornen. The failure of a union to provide sufficient referrals (every though it is obligated to . provide exclusive referrals under the terms of a collective - bargaining agreement) does not relieve the contractor frond the requirements of this paragraph. in the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shaiidmmedistely notify. the contracting agency. B. Reasonable Accommodation for Applicants 1 Employees with Disabilities: The contractor must be familiar. with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and teasing of Equipment: The contractor shall riot discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The oontiector shall take all necessary and reasonable steps to ensure nondisalrsdnation in the administration of this contract a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 20.13(b): a. The requirements of 49 CFR Part 26 and the State DOTS U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor stall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor span keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for ail contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (f) The number and work hours of minority and non - minority group members and women employed in each work classification on the project (2) The progress and efforts being made In cooperation with unions, when applicable. to increase employment opportunities for minorities and women: and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women: b. The contractors and subcontractors Wsubrnit an annual report to the contracting agency each July for the -duration of the project. Indicating the number of minority, women. and . non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391 The staffing data should represent the project work force on board In all or any part of the test payroll period preceding the end of July. If on -the -jab training Is being required by special provision, the contractor P54 DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AE1DCBC76974 will be required to collect and report training data. The employment data should retied the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision Is applicable to all Fadefal-ald construction contracts and to all related constnrction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided In such a manner that segregation on the basis of macs, color, reborn, sex, or national origin cannot mull. The contractor may neither require such segregated use by mitten or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that Its employees are not assigned to perform their services at any location, under the contractors control, where the facilities are segregated. The tent "WHIles" Includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entwtainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or steeping areas to assure privacy between sexes. IV. DAVIS• 3ACON AND RELATED ACT PROVISIONS This section is applicable to all Fedenal-aid construction projects exceeding $2,000 and to all related subcontracts and lower --tier subcontracts {regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agendas may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matter" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, Will be paid unconditionally and not less often than once a week, and without subsequent dedudlon or rebate on any account (except such payroll deductions as are permitted by regutations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereat) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contradioal reladdnship which may be alleged to exist betweeriihe contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(bM2) of qts Davis -Bacot Act on behalf of laborais or mechahice are considered wages paid to such laborers or mechanics; subject to the provismrts of paragraph 1.d, of this section; also, regular contributions made or costa incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or Incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the dessification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (Including any additional classification and wage rates conformed under paragraph t.b. of this section) and the Davis -Bacon poster (WH -1321) strati be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that arty class of laborers or mechanics, Including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: () The work to be performed by the classification requested is not performed by a classification in the wage determination; and (fl) The classification is utilized in the arca by the construction industry: and (M) The proposed wage rate, including any bona fide hinge benefits, bears a reasonable relationship to the wage rates contained In the wage detemtinallon., (2) If the contractor and the laborers and mechanics to be employed In the classification (N known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division. Employment Standards Administration. U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative. will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time Is necessary. (3) in the event the contractor, the laborers or mechanics to be employed tri the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (incbudhrg the amount designated for fringe benefits, More appropriate), the contracting officer shalt refer the questions, inducting the views of all interested parties and the recommendation of the contracting offcar, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracts ilofbicer or P55 DocuSign Envelope ID: 27562A39-5489-4980-BOFD-AE1DCBC76974 will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers perfomdng work in the classification under this contract from the first day on whli h Work is performed'in the classification. c, Whenever the minimum wage rate proscribed in the contract for a class of laborers or mechanics includes a fringe benefit which Is not expressed as an hourly rase, the contractor shall either pay the benefit as stated in the wage determination or shag pay another bona fide fringe benefit or an hardy cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the oontraaW may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona We fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets forthe meeting of obligations under the plan or program. 2. Withholding . The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withhold from the contractor under this contract, or any other Federal contract with the some prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which Is hold by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, 'including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contrail. In the evert of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating theroto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics waling at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid' (Including rates of contributions or costs antidpated fou bona fide fringe benef#s or cash equivalents thereof of the types described in section 1(b)(2)(0) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of tabor has found under 29 CFR 5.5(i)(1)(iv) that the wages of any laborer or mechanic Include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan of program Is financially responsible, and that the plan or program has been communicated In writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual asst incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wags rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the Information required to be maintained under 29 CFR 6.5(s)(3)(i), except that frill social security numbers and home addresses shall riot be Included on weekly transmittals. instead the payrolls shall only need to inciude an Individually Identifying number for each employee { e.g. , the last four digits of the employee's social security number). The required waekty payroll information may be submitted In any form desired. Optional Form WH --3471s avallable for this purpose from the Wage and Hour Division Web site at ttttp://www.doLgavlesaAOtdNomu/wh347]rk*.htm or its successor site. The prime contractor is responsible for the submission of hies of payrolls by all subcontractors. Contractors and suboontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an Investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor kr provide addresses and social security numbers to the prime contractor for its own record, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a 'Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (I) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(H) of Regulations, 29 CFR part 5, the appropriate information Is being maintained under §5.5 (a)(3)(Q of Regulations, 29 CFR part 5, and that such Information is correct and complete; (ti) That each laborer or mechanic pnc luding each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages eamed, without rebels, either directly or indirectly, and that no deductions two been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (til) That each laborer or mechanic has been paid not lass then the applicable wage rates and fringe ban" or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated Into the contract. DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AEIDCBC76974 (3) The weekly submission of a property executed certification set forth on the reverse side of Optional Form WH -M7 shad satisfy the requirement for submission of the 'Statement of Compliance required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may . subject the contractor or subcontractor to civil or.cdrninei'•" prosecution under section 1041 of title 18 ars} section 231 of titre 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.s. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. if the contractor or subcontractor faits to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the ausperwhon of any further payment, advance, or guarantee of funds. Furthermore, failure to submit Urs required records upon request or to make such records available may be grounds for debarment action pursuant to 29 GFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to wok at less than the predetermined rate for the work they performed when they are employed pursuant to and 16:110duatiy registered in a bona fide apprenticeship program registered with the U.S. Department of Labor. Employment and Training Admirdstration, Office of Apprenticeship Training, Employer and Labor Services. or with a State Apprenticeship Agency recognized by the Office, or If a person is employed In his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who hire been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft clsssificadon shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who Is not registered or otherwise employed as stated above, shall be paid not lase than the applicable wage rate on the wage determination for the classification of work actually performed. In addidon, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not lass than the applicable wage rate on the wage determination for the work actually performed. Where a contractor Is performing construction on a project in a locality other than that lin which its program Is registered, the ratios and wage rates (expressed in percentages of the joumsymen's hourly rate) specified to the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified In the registered program for the apprentice% level of progress, expressed as a percentage of the Journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in sWordence with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. if the Administrator determines that a different practice prevails for, the applicable apprentice classifica#onm fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, this contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided In 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal cartMcation by the U.S. Department of tabor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the pian approved by the Employment and Training Adnurustration. Every trainee must be paid at not lass than the rate specified in the approved program for the trainees level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits In accordance with the provisions of the trainee program. it the trainee program does not mention fringe benefits, trainees shall be paid the full amount of hinge benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee fisted on the payroll at a trainee rate who Is not registered and partkfipating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage detemdnation for Me classification of work actually performed. In addition, any trainee performing work on the job site In excess of the rano pennttted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an aowtable program Is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shaft be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. P57 DocuStgn Envelope ID: 27562A39-5489-4980-BOFD-AE1DCBC76974 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federahaid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage.rates for apprentices and trainees undei such programs will be established by the particular programs. The ratio of apprentices and trainees to Journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in flips contract. fi. Subcontracts. The contractor or subcontractor shag insert Form FHWA•1273 in any subcontracts and also require the subcontractors to include Form FMA -1273 in any lower tier subcontracts. The prime contractor shag be responsible for the cormpi anee by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. T. Contract termination: debannont. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contrail, and for debamnent as a contractor and a subcontractor as provided In 29 CFR 5.12. t. Compliance with Davis -Bacon and Related Act requirements. All rulings and Interpretations of tine Devis- Bacon and Related Acs contained In 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of ft labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of labor set forth in 29 CFR parts 5, 8, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of Its subcontractors) and the contracting agency, the U.S. Department of Labor, or ft employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an Interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(i). b. No part of this contract shag be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(ax1). c Tho penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following dames apply to any rederat aid construction contract In an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These causes shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics Include watchmen and guards. 1: Dvertime requirements. No contractor or subcontracttor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic In any workweek In which he or she Is employed on such work to work in excess of forty hours In such workweek unless such taborer or mechanic receives compensation at a rate not less than one and one-half times the basic rata of pay for all hours worked in excess of forty hours to such workweek, 2. Violation; liability for unpaid wages; liquidated damages. in the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shag be liable for the unpaid wages, In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shag be computed with respect to each Individual laborer or mechanic, including watchmen and guards, employed In violation of the cause set forth in paragraph (i.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in wi ceas of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth In paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon is own action or upon written request of an authorized representative of the Department of labor withhold or cause to be withhold, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the some prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the some prime contractor. such surra as may be detemined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shag inset In any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shag be responsible for compliance by any subcontractor or lower tier suboonbactor with the clauses set forth in paragraphs (1.) through (4.) of this section. P58 DocuSign Envelope ID: 27562A39-54B9-4960-BOFD-AE1DCBC76974 VI. SUBLETTING OR ASSt ING THE CONTRACT This pmvieia► Is applicable to all Federat-ald construction contracts on the National Highway System. 1. The contractor snail perform with Its oar organization contrail work amounting to not less than 30 percent (or a greater peroontop N spectied elsewhere In the contract) of the total original contract price, ex*Ang'any specialty items designated by the contracting agency, Specialty Rears maybe performed by w0coni act and the amount of any such specialty Items performed may be deducted from the total original contract price before computing the smount d work required to be performed by the contractors own orgertzation (23 CFR 635.116): a. The term perform worts with Its own oganizatiorP refers to workers employed or leased by the prime contractor, and equipment owned or ranted by the prime contractor, with or without operators. Such tarn does not Include employees or equipment of a subcontractor ctor or lower tier subcontractor; agents of the prime contractor, or any other assignees. The Gamut may include payments for the casts of hiring leased employees from an employee ming firm meeting all relevant Federal and State regulatory requirements. Leased employees may oily be included to this term If the primo contractor meets all of Moa following conditions: (1) the prime contractor maintains control over the supervision of the day-to-dsy activities of the leased eye: (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty titans` she# be construed to be limited to work that requires highly speciapztd knowledge, abilities, or equipment not ordinarily available in the We of contracting organizations qualified and expected to bid or propose on the contract ss a wide and in general we to be limited to minor components dffie overall contract. 2. The contract amount upon which the reqlrements art forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which ars to be purchased or produced by the contractor munch the contrast provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direst periror anoe of the work in accordance with the contract requirements, and is in charge d sI construction operations (regardless of who perform the wok) and (b) such other of Its own organizational resources (supervision, management, and engineering services) as the contracting clflcer determines Is necessary to assure the porkananoe of the contract. 4. No portion of the contract shag be sublet, assigned or otherwise disposed of except with the written consent d the contracting otticer, or authorized representative. and such consent when given shall not be construed to relieve the contractor of any responsibility for the futilkrent of the cotroct. Written ocasent will be given only after the contracting agency has assured that each subcontract is evidenced In writing and that it contains all pertinent provisions and requirements dune prime contract. & The 30% self -performance requirement of paragraph (1) is root applicable to design-bulkd contreds, however, oro nmg agencies may establish their an self-peAormanoe requirements. Vti. SAFETY ACCIDENT PREVENTION This provision Is applicable toafi Feder s"id construction contracts and to all related subcontracts. i. In the performance of this contract the oonbactor shall comply with an applicable Federal, Stott, and bad laws govamkhg safety, health, and sanitation (23 CFR 835). The contractor shall pn>vide ail safeguards, safety devices and protective equipment and Islas any other needed actions as it detonni, ores the contrasting officer may determine, to be reasonably necessary to protect the Its and health of employees on tis job and the safety of On public and to protect property in connection with the pafommance of the work covered by the contrast. 2. it is a condition of No contract, and stall be made a condition of each subcontract which the contractor enters into pursuant to this contract, that to conbector and any subcontractor shalt not permit any employee, In perfomremce of the contract to work in surroundings or under conditions which are unsanitary. hazardous or dangerous to Manner heaith or safer}, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor. In accordance with Section 107 or the Codnor Work Hours and Sudety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary d Labor or authorimd representative thereof, shat have right of entry to any site of contract performance to Inspect or investigate the matter of compliance with Mme construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Homs and Safety Standards Act (40 U.S.C.3704). VIN. FALSE STATEMENTS CONCER14NO HIGHWAY PROJECTS This provision Is applicable tong Federsiaid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in confbffnhyr with approved plans and specllcatbns and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers of Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carshrIly, thoroughly, and honesty as possible. Wiffful falsification, distortion, or misrepresentation with respect to any fads staled to the project is a violation of Federal law. To prevent any mkHrmderetandEr� regarding the seriousness of Maes and - similar accts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it Is readily available to of persons concerned with the project 18 U.S.C.1020 reale as f llawrs: UM DocuSign Envelope ID: 27562A39-54B9-4960-BOFD-AEIDCBC76974 "Whoever, being an oUioer; agent, or employee of the United States, or of any State or Territory. orwtmover. whether person, assodadon, firm, or corporation, knowingly maims any false statement. false representation, or false report as to the character quality, quantity, or cost of to material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of pions, mapm specificellons, contracts, or costs of construction on any highway or related project submitted for approval to the Seaetaty of Transportation, or Whoever knowingly makes any teles statement, false representation, false report or false claim with rasped to the character, quality. quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or rotated project approved by the Secretary of Tronspodatbn: or Whoever knowingly makes any fates statement or Use representation as to material fact in any statement, a)Mftate, or report submitted pursuant to provisions of the Federsikk Roads Act approved July 1.1916, 09 Stat. 355), as amended and supplemented; Shall be fined under ft M or imprisoned not mom than 5 years or batt" UL IiMgI ENTA7ION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTiON CONTROL ACT This provision to applicable to all Federal -old construction contracts and to all related subcontracts. By submission of Oft bldfpropoed or the execution of this contract, or subcontract, as appropriate. the bidder, proposer. FedeA*AW construction contractor, or subcontractor, as appropriate. will be deemed to have stipulated as follows: 1. That any person who is or will be utilized In the parlonnance of this contract Is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 308 of the Clean Air Ad. 2. That the contractor agrees to Include or cause to be included the requiements or paragraph (1) of tits Section X W every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requir rnents. X. CERTIFICATION REGARDING -DEBARMENT. SUSPENSION. INELIGISKM AND VOLUNTARY EXCLUSION This prarkdon is applicable to alt Federal-aW construdion contracts, (hftn- wftd contracts, supcanfracte, lower4ler subcontracts, purchase orders, lease agreements. consultant contracts or any other covered transaction requiting FMA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certlficedon — First Tier Participants: a. By signing and submitting tits proposal; the prospective first tier participant Is providing the certification set out below. b. The inability of a person to provide dna rarityion set out below will not rroceesarpy result in dental of pariicipadoh.in this covered transaction. The prospective first tier participant shall submit an mplemation of why it cannot provide the certitiostlon set out below. The cerflicatioh or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certifiicallon or an explanation shop disqualify, such a person. from participation in Of transaction. c. The cortificaUon in this douse is a material representation of fact upon which reflance.wm placed wtren the contracting agency determined to enter Into fids transaction. If it is later dstarrmirhed that the prospective participant krow4nhgfy rendered an erroneous certification, in addpton to other remedies available to the Federal Covemme t, the contracting agency may terminate this tra isactton for cause of default. d. The prospective fret tier participant shall provide Immediate written nodus to the contracting agency to whom this proposal Is submitted N any time Uta prospective brat tier participant loses that tts c e0caUon was erroneous when submitted or has become erroneous by reason of dmvW dreumstances. e. The 'bovered trafw*c n,' Mdeba�d,* suspended.• "inerigiMe *paMpant,' "pereon,' 'prtndpal," and " volunterity excluded,' as used in this clause, are defined M 2 CFR Parts 180 and 1200. Thirst Tier Covered Transactions' refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general cortracti). 'Lower Tier Covered Transactions! refers to any covered transaction under a Fist Tier Cowered Transaction (such as subcontracts). 'First Tier PartklpaanP refers to the parlidpont who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). 'Lower Tier Partklpar►t refers any partrdpent who has entered Into a covered transaction with a Final Tier Participant or other Lower Tier Participants (such as subcontractors and suppiters). L The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into. it shell not knoingry enter into any lower der covered transaction with a person who Is downed, suspended, declared ineligible, or voluntarily excluded from participation to Ute covered transaction, unless authorized by the department or agency entering Into this transection. g. The prospective first der participant further agrees by submitting this proposal that it will include ins clause Wed 'Cerdflcation Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Trensadiois.` provided by the department or contracting agency, entering Into this covered transaction, without modification, in an lower dor covered tronudlons and in all solicitations for lower der covered traneacdons exceeding the $26,000 threshold. h. A participant in a covered transaction may rely, upon a cardficaUon of a prospective participant In a tower iter covered transaction that is not debarred, suspended, Ineligible, or voluntarily excluded from the covered trusadion..unless it knows that Ute oeriifi allon Is erroneous, A participant Is responsible for ensuring ghat Its principals are not suspended, debarred, or otherwise Ineligible to participate M covered trensecUons. To vedy the etigibfiky of Its prirhdpala, as wall as the eligibility of any lower tar ptoapedive partidpanta, each par0olpa t may, but is not required to, check the Excluded Parties List System wiebske which Is corWled by the General Services Administration. '.s DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AE1DCBC76974 L Nothing contained in the foregoing shall be construed to require the establishment of a system of records to order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph (f) of these Instructions, if a participant in a covered transaction knowingly enters into a lower Her covered transaction with a person who is suspended, debarred, Ineligible, or voluntarily excluded from participation to this transaction, in addition to other remedies available to the Federal Government the department or agency may terminate this transaction for cause or default. 2. Certification Regarding debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants; a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency: (2) Have not within a three-year period preceding this proposal been convicted of or had a civil Judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruiction of records, making false statements, or receiving stolen property; (3) Are not presently Indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (ax2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal. State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements In this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts. purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 GFR Parts 180 and 1200) a. By stgning and submitting this proposal, the prospective lower Her is providing the certification sat out below. b. The certification in this clause Is a material representation of fact upon which reliance was placed when this transaction was entered Into. It it is later: debmined that the prospective lower Her participant knowingly rendered an erroneous certification, in addiction to other remedies available to the Federal Govemment,•the department, or agency with which 10 this transaction originated may pursue available remedies, including suspension andtor debarment. a The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier paRicipant learns that its certification was emoneous by reason of changed circumstances.. d. The terms covered transaction,* "debarred," *suspended," "Ineligible," "participant," "person," "pdncipai," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to Which this proposal Is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions! refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general corrtmdc "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontrscls). "First tier Parficlpanr refers to the participant who has entered into a covered transection with a grantee or subgrantee of Federal funds (such as the prime or general contractor). 'Lower Tier Participant" refers any participant who has entered into a covered transaction with a First liar Participant or other tower Tier Participants (such as suboontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed oovered transacdion be entered Into, It shall not knowingly enter into arty lower Her covered transaction with a person who is debarred, suspended, declared trneiigibie, or voluntarily excluded from participation In this covered transaction, unless authorized by the department or agency with which this transaction originated f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarmant, Suspension, ineligibility and Voluntary Exclusion -Louver Tier Covered Transaction," Without modification, in all lower tier covered transactions and In all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that Is not debarred, suspended, Ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that Its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactloms. To verify the eligibility of its principals, as well as the eligibility of any tower Gar prospective participants, each participant may, but is not required to, ick the Excluded Parties list System website (httosJhvww.eoIs.00v/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records In oder to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 1. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower Ger covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation In this transaction, In addition to other remedies available to .the Federal Government, the P61 DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AEIDCBC76974 department or agency with which this transaction originated may pursue available names. including suspension andor debarment. Cartiticatton Regarding DebarmetA Suspermsion, inellgibgUy and Voluntary Exduston-dower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal. that rare terit nor Its principals Is presently debarred. suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating In covered bansedlons by any Federal department or agency. 2. Where the prospective lower Gr participant is unable to Certify to any of the statements in this certification. such prosperAve participant shall attach an w#anatbn to this proposal. ..... XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision Is applicable to all Federd construction Contracts and to ail mated subcontracts which wooed $100,000 (49 CFR 20). 1. The prospective parbMcipant certifies. by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or can behalf of time undersigned. to any person for Influencing or attempting to influence an ciflcer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal centrad, 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 nwi fication of any Federai contract, grant, ban, or cooperative agreement b. If any funds other than Federal appropriated funds have been paid or will be paid to any parson for influencing or attempting to influence an offloer or employee of any Federal agency, a Member of Congress, an oftber or employee of Congress, or an employee of a Member of Congress In connection with this Federal contrail, grant. ban, or cooperative egreement, the undersigned shill complete and submit Standard Fors-1.1.1,'Disctosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material n prasentation of fail upon v Titch reliance was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering into this transaction Imposed by 31 U.S.C.1352. Any person who falls to the the required ' certtflcation shall be s*oct to a civil penally, of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective particlpant also agrees by submitting Its bb or proposal that the participant stall require that the language of this certification be included In all lower tier sutconbreda, which exceed $100,000 and that all such reclpierle shall cedify and disclose accordingly. P62 DocuSign Envelope ID: 27562A39-5489-4980-BOFD-AE1DCBC76974 ATTACHMENT A - EMPLOYMENT AND MATERIALS INFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to aA Federal -aid projects funded under the Appalachian Regional Development Act of Iti65. 1. During Do perfcrrnanos of this contract, the Contractor undertaking to do work which is, or reasonably may be, done as onsite work, shall gig preference to quaffed persons who regularly reside In the labor area as designated by the DOL wherein the contract work Is sthrated, or the subregion, or the Appalachian counties of the State wherein the contract work Is situated, except: a. To the extent that qualifieed persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially expedenced personnel necessary to assure an e(Ildent wrecution of the contract work o. For the obligation of the contractor to offar employment to present or former employees as the result of a IMM collective bargadning contract, provided that the number of nonresident persons employed under this subparagraph (1c) step not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided In subparagraph (4) below. 2. The contractor shall place a Job order with the State Employment Service Indicating (a) the cieasiifcallona of the laborers. mechanics and other employees required to perform the contract wads, (b) Bre number of employees required in each classification, (c) the debt on vAdah time participant estimates such employees wilt be required, and (d) any otter pertinent tmicrnatfon required by the State Employment service to complete the Job order fam. The Job order may be placed with the State Employment Service In writing or by telephons. if during the course of the contract work, the information submitted by the contractor in the original job order Is substantially modified. the pwkipant siadi promptly notify the Stets Employment Service. 3. The contractor shell give fids consideration to all qualified job applicants refiemed to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classilicatfon of work required. 4. If. whin one weak following the placing of a job order by the contactor with the State Employment: Service. the State Employment Service is unable to refer any qualified )orb applicaoita to the contractor or teas times the number requested, the State Employment service will forward a ceo trate to the contractor Indicating the unavailability of applicants. Such ce0ceda shall be made a pad of the contractors permanent project records. Upon recelpt of this candfla tor. the contractor may employ persons who do not nfill positions covered by 11he ormally noudeside nttt �bnnx" the plabor arear+ om of rubparegraphh (1c) above. & The provisions of 23 CFR 633.207(e) allow the contracting agency b provide a conte ectral preferenoe for the use of mineral resource materials native to the Appaiacd*m region. 12 S. The contractor shall Include the pm Asions of Sections 1 through 4 of this Attachment A in evey subcontract for work which Is, or reasonably may be, done as on-elte woes. DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AEiDCBC76974 STATE OF FLORIDA OEFARTWNT OF TRANSPORTATION 62WO40E LOCAL AGENCY PROGRAM AGREEMENT ROW"MANAOM ENT OOC-ONi6 Peps 1 ort Exhibit "E" TITLE VI ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in Interest (hereinafter collectively referred to as the "contractor") agrees as follows: 0.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the basis of race, color, rational origin, or sex in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Sectlon 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3.) Solicitations for Sub -contractors. including Procurements of Materials and Equipment: in all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under sub -contract, including procurements of materials or leases of equipment, each potential sub-contrador or supplier shall be notified by the contractor of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color, national origin, or sex. (4.) Information and Reports: The contractor shall provide all Information and reports required by the REGULATIONS or directives Issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administradon, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to fumish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall Impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or P64 DocuSign Envelope ID: 27562A39-5489-4960-BOFD-AE1DCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-046a0E LOCAL AGENCY PROGRAM AGREEMENT ROOR/1MMIWOE Page 2 of 2 Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part, (6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (7) in every sub -contract, Including procurements of materials and leases of equipment, unless exempt by the REGULA77OMS, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Adminisbation, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enfordng 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 supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the Interests of the Florida Department of Transportation, and, In addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title Vi oUhe Civil Rights Act of 1964 (42 U.S.C. § 2000d at seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 at seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 at seq.), as amended, (prohibits discrirnination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended. (42 U.S.C. § 6101 at seq.). Oxohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title Vi of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of"the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to Include all of the programs or activities of the Federai-aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability In the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131--12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low4noorne populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex In education programs or activities (20 U.S.C. 1681 at seq). DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AE1DCBC76974 STATE of flARIDADEPARTNENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "Fn AGENCY RESOLUTION wS4h&w PROGRAM MMNACE W -W oec-Dens Piye 1011 The agency Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. •.. DocuSign Envelope ID: 27562A39-54B94980-BOFD-AEIDCBC76974 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM•AGREEMENT EXHIBIT 7 FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 CFDA Title: Highway Planning and Construction Federal -Aid Highway Program, Federal Lands Highway Program CFDA Program Site: httpsJ/www.cfda.aov/ Award Amount: $416,720.00 Awarding Agency: Florida Department of Transportation Award Is for R&D: No Indirect Cost Rate: NIA BMIO40 SPECF"MONS AND ESTMATES 1116 Paps 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards http:/twww.ecfr.gov/ OMB Circular A-133, Audits of States, Local Govemments and Non -Profit Organizations htto://www.whitehouse.gov/sites/default/files/omb/assets/al33/a133 revised 2007 pdf OMB Circular A-133 Compliance Supplement 2014 http://www.whitehouse.00vl0mb/Circulars/al33 compliance supplement 2014 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: OMB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Govemments http://www.whitehouse.govlomb/circulars a087 2004/ OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments http://www.whitehouse.gov/omb/circulars a102/ Title 23 — Highways, United States Code htto://uscode.house.gov/browse/prelim(a)title23&edition=pr*elim Title 49 — Transportation, United States Code hftp://uscode.house.gov/browse/prelim(o)Utle4g&edition=prelim Map -21 — Moving Ahead for Progress in the 211d Century, Public Law 112-141 http:/lwww goo oov/fdsys/pka/PLAW-112pub1141/pdf/PLAW-112pubi141 pdf . Federal Highway Administration — Florida Division hftt)://www.fhwa.dotdvlfldiv/ Federal Funding Accountability. and Transparency Act (FFATA) Sub -award Reporting System (FSRS) httos:/Iwww.fsrs.gov/ P67 INDIAN RIVER COUNTY, FLORIDA INTER - OFFICE MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Roland M. DeBlois, AICP Chief, Environmental Planning DATE: October 16, 2017 RE: Approval of Cost -Share Agreement Renewal with the St. Johns River Water Management District for Repair/ Plugging of Abandoned Artesian Wells It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of October 24, 2017. DESCRIPTION AND CONDITIONS From 1990 through 2009, Indian River County participated in a cost -share program with the St. Johns River Water Management District (SJRWMD) to plug abandoned artesian wells countywide, including wells on private property (subject to authorization from the private landowner). As a result of the program, an estimated 395 wells were plugged or repaired in Indian River County, saving millions of gallons per day of groundwater. The program was discontinued from fiscal years 2009/10 through 2014/15, however, due to a lack of funding as a result of the economic downturn at that time. In June 2015, the Board approved an agreement with SJRWMD that reactivated the program, at the previous funding level of (up to) $20,000 per agency per year. Since reactivation of the program in 2015, twelve flow wells have been plugged. The 2015 agreement is now up for renewal. To that end, attached to this report for the Board's approval consideration is a proposed three-year cost -share agreement renewal with the SJRWMD for control]ing/plugging abandoned artesian wells. ANALYSIS The proposed contract agreement extends the well -plugging cost -share agreement for three fiscal years, until September 30, 2020, with each agency (the County and SJRWMD) allocating $20,000 toward the program each year contingent upon annual budget allocations. Similar to past agreements, the agreement outlines responsibilities of the County and the District. The list of responsibilities reflects the process that evolved during the years the cost -share program was previously in effect. The agreement identifies environmental planning chief Roland DeBlois as the County's project manager, responsible for coordinating the County's participation. P68 Public Benefits Abandoned flow -wells result in the unnecessary consumption of groundwater. Moreover, artesian flow wells tend to have high chloride levels. The high chloride levels, in turn, lower water quality in the surficial aquifer, which is the principal water source for private potable wells. Renewal of the attached agreement will continue an important and successful water quality and water supply protection program. In addition, the agreement renewal will fulfill Comprehensive Plan Natural Groundwater Aquifer Recharge Policy 3.5, which calls for renewal of the program contingent on funding availability. Eligible wells County Code Section 931.09 requires developers to plug abandoned artesian flow wells on development project properties in conjunction with county site plan and subdivision approval. Flow wells on such properties are not eligible for funding under the County/SJRVV MID cost -share program. Rather, the cost - share program targets other wells (not on development project sites) to provide public funding for landowners that may need financial assistance to carry out a proper well abandonment, which can cost hundreds or thousands of dollars, depending on the characteristics of the particular well. FUNDING For FY 2017/18, as had been budgeted in the past, funding for the well -plugging program has been allocated in Planning/Code Enforcement Budget Account # 00420724-033190, under "Professional Services." Continuation of that annual budget allocation will fund the program in future years, contingent on funding availability. Section 4 of the proposed agreement ("Funding Contingency") specifies that the District and the County intend to fulfill their 3 year obligations but that funding each year is subject to budgetary approval of the parties. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached countywide abandoned flow well plugging cost -share agreement renewal with the SJRWMD, and authorize the Board Chairman to execute the agreement. ATTACHMENT 1. County grant information form. 2. Proposed cost -share agreement. M:\WELLPLUG\BCC items\Well plug SJRWMD cost -share agree renew BCC item 10-24-17.doc P69 GRANT NAME: IRC/SJRWMD Countywide Well -Plugging Cost -Share Agreement GRANT # Contract # 31748 AMOUNT OF GRANT: $20,000 DEPARTMENT RECEIVING GRANT: Community Development CONTACT PERSON: Roland M. DeBlois TELEPHONE: ext. 125.8 1. How long is the grant for? Three years (to September 30, 2020) 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 50% 5. Grant match amount required S70,000 Starting Date: October 2017 _Yes X No X Yes No Yes X No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? MSTU Contingencies (FY2017-18): PlanningXode Enforcement Budget Account# 00420724-033190 under "Professional Services" (FY 2018-19. FY 2019-20) 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 start-up costs: $N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes 2L_No If yes, please list. (If additional space is.needed,.please attach a schedule.) Acct. Description Position Position Position Position Position 011,12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $20,000 TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $0,000 Signature of Preparer: Date: // I P70 Grant Amount Other Match Costs Not Covered Match Total First Year $20,000 $ $20,000 $40,000 Second Year $20,000 $ $20,000 $40,000 Third Year $20,000 $ $20,000 $40,000 Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: // I P70 Contract 31748 COST SHARING AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR CONTROLLING ABANDONED ARTESIAN WELLS This Cost -Sharing Agreement is entered into between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District"), whose address is 4049 Reid Street, Palatka, Florida 32177, and INDIAN RIVER COUNTY ("County"), whose address is 1840 25th Street, Vero Beach, Florida 32960. WHEREAS, the District is a special taxing district created by the Florida Legislature and given those powers and responsibilities enumerated in chapter 373, Fla. Stat., whose geographical boundaries encompass Indian River County; and WHEREAS, pursuant to §373.207(1), Fla. Stat., the Florida legislature has directed the water management districts of the state to locate all known abandoned artesian wells, and to ensure that each well is properly controlled; and WHEREAS, the District has established a cooperative program, known as the Abandoned Artesian Well Plugging Cost Share Program (the "Program"), for the purpose of locating and plugging abandoned artesian wells, and WHEREAS, the County is a public body and is empowered to enter into an agreement with the District for the purposes of conserving and protecting water resources in Indian River County, Florida; and WHEREAS, the District has determined that its needs will be best served by entering into a cooperative, cost-sharing agreement with the County for the purposes stated herein. The District agrees to furnish and deliver all materials and perform all labor required for controlling abandoned artesian wells (the "Work"). The District shall complete the Work in conformity with this Agreement, which includes the Statement of Work (Attachment A). If any provision in the body of this Agreement conflicts with any attachment hereto, the body of this Agreement shall prevail. The parties hereby agree to the following terms and conditions. 1. TERM. The term of this Agreement shall be from the Effective Date to the Completion Date. Time is of the essence for each and every aspect of this Agreement. Where additional time is allowed to complete the Work, the new time limit shall also be of the essence. All provisions of this Agreement that by their nature extend beyond the Completion Date shall survive termination or expiration of this Agreement. (a) Effective Date. The Effective Date of this Agreement shall be the date upon which the last party to this Agreement has dated and executed the same. (b) Completion Date. The Completion Date of this Agreement shall be no later than September 30, 2020 unless extended by mutual written agreement of the parties. All Work under this Agreement shall be completed for use no later than the Completion Date. 2. DELIVERABLES. The Work is specified in the Statement of Work, Attachment A. The District shall deliver all products and deliverables as stated therein. The District is responsible for the professional quality, technical accuracy, and timely completion of the Work. P71 Contract 31748 3. FUNDING OF AGREEMENT. The District and County agree to pay 50 % of the costs of controlling abandoned artesian wells in the Indian River County, up to $60,000.00 each over the entire term of this Agreement, equally divided between the following fiscal year periods: Fiscal Year: October 1, 2017 — September 30, 2018 Amount: ......... $ $20,000.00 Fiscal Year: October 1, 2018 — September 30, 2019 Amount:......... $ $20,000.00 Fiscal Year: October 1, 2019 — September 30, 2020 Amount:......... $ $20,000.00 Funding for each applicable fiscal year of this Agreement is subject to District Governing Board budgetary appropriation. 4. FUNDING CONTINGENCY (a) This Agreement is contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Work not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the District shall so notify Agency and this Agreement shall be deemed terminated for convenience five days after receipt of such notice, or within such additional time as the District may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. (b) The District and the County each intend to fulfill their obligations as stated in this Agreement, but they cannot make commitments in excess of appropriated funds authorized by law and made administratively available. If either party cannot fulfill its obligations due to funding, this Agreement may be terminated at the election of either party. PAYMENT OF INVOICES. The District shall invoice the County quarterly (on December 31, March 31, June 30, and September 30 of each year) for payment of 50 % of the amount expended for the controlling of abandoned wells during that quarter. 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees and agents. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in §768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations. 7. PROJECT MANAGEMENT (a) The project managers listed below shall be responsible for overall coordination, and management of the Work. Either party may change its Project Manager upon three business days' prior written notice to the other party. Written notice of change of address shall be provided within five business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; or (4) email. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one business day after having been deposited with the courier. Notices via e-mail are deemed delivered on the date transmitted and received. -2- P72 DISTRICT Gary Foster, Project Manager St. Johns River Water Management District 4049 Reid Street Palatka, Florida 32177-2571 Phone: 386-329-4421 Email: Gfoster@sjrwmd.com Contract 31748 COUNTY Roland DeBlois, Project Manager Indian River County 1840 25TH STREET VERO BEACH, FL 32960 Phone: (772) 226-1258 Email: rdeblois@ircgov.com (b) The District's Project Manager shall have sole and complete responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Work. AMENDMENTS. The parties may not amend this Agreement except in writing. Modifications that alter, add to, or deduct from the Work, or otherwise modify the terms of this Agreement, shall be implemented through a formal amendment. The District's Project Manager may also issue a District Supplemental Instruction (DSI) form (Attachment C) to authorize minor adjustments to the Work that are consistent with the purpose of the Work. Both parties must sign the DSI. A DSI may not be used to change the Total Compensation, quantity, quality or the Completion Date of the Work, or to change or modify the Agreement. 9. TERMINATION (a) Termination for Default. If either party materially fails to fulfill its obligations under this Agreement, the terminating party shall provide the non -terminating party written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. The non - terminating party shall have 30 days to cure the breach. If the non -terminating party fails to cure the breach within the 30 -day period, the terminating party may issue a Termination for Default Notice and this Agreement shall be terminated upon receipt or said notice. (b) Termination for Convenience. Either party may terminate this Agreement at any time for convenience upon 45 days' prior written notice to the non -terminating party. Upon District receipt of notice of termination, it shall place no further orders for materials, equipment, services, or facilities, for which reimbursement would otherwise be sought. The District shall also make every reasonable effort to cancel, upon terms satisfactory to the District, all orders or subcontracts related to the Work for which Contract # compensation would otherwise be sought. In the event of such termination, the District shall be compensated for all work performed pursuant to this Agreement prior to the effective date of termination. 10. ASSIGNMENT AND SUBCONTRACTS. The District shall not sublet, assign, or transfer any Work involving more than twenty percent (20%) of the total cost of the Work without County's prior written consent. Neither County approval of a subcontractor nor any other provision of this Agreement creates a contractual relationship between any subcontractor and County. The District is responsible for fulfilling all work elements in any subcontracts and payment of all monies due. 11. AUDIT; ACCESS TO RECORDS. the District and County must preserve its books and other records involving transactions related to this Agreement and provide each other, or its duly authorized representatives, access and necessary facilities to inspect and audit those records for five years after the receipt of funds. If an examination or audit is performed, the parties must continue to maintain all required records until such audit has been completed and all questions arising from it are resolved. The parties shall refund any payment(s) that are found to not constitute allowable costs based upon an audit examination. -3- P73 Contract 31748 12. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., the parties shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. 13. COOPERATION WITH THE INSPECTOR GENERAL, PURSUANT TO §20.055(5) FLA. STAT. County and any subcontractors understand and will comply with their duty, pursuant to §20.055(5), Fla. Stat., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. 14. GOVERNING LAW, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. In the event of any legal proceedings arising from or related to this Agreement: (1) each party shall bear its own attorney's fees, including appeals; and (2) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trail. 15. VENUE. In the event of any legal proceedings arising from or related to this Agreement, venue for such proceedings shall be in Orange County, Florida. 16. NON -LOBBYING. Pursuant to §216.347, Fla. Stat., as amended, the County hereby agrees that monies received from the District pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other state agency. 17. PUBLIC RECORDS. Records of County that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If County receives a public records request, County shall promptly notify the District's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other materials related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. -4- P74 Contract 3.1748 IN WITNESS WHEREOF, the parties have signed on the day and year written below each of their names. This Agreement may be executed in separate counterparts, which shall not affect its validity. This Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. ST. JOHNS RIVER WATER INDIAN RIVER COUNTY MANAGEMENT DISTRICT By. By: _ Ann B. Shortelle, Ph.D., Executive Director or Designee Date: Documents attached: Attachment A — Statement of Work Attachment B — Well Investigation Form Attachment C — District Supplemental Instructions Date: Attest: -5- Typed Name Typed Name P75 Contract 31748 ATTCHMENT A — STATEMENT OF WORK The purpose of this Agreement is for controlling abandoned artesian wells in Indian River County, Florida, utilizing the services of a Florida -licensed water well contractor. The District and the County each agree to perform the work as specified. Should any change in this work be necessary, the District and the County shall execute an amendment to the Agreement, specifying the change in work, and if applicable, establishing any changes to the funding amount. 18. Responsibilities of the County: (a) The County shall obligate funding for 50% of the costs of controlling abandoned artesian wells in Indian River County up to the amount of $20,000 for each fiscal year. (b) The County shall submit to the District written assurance of availability of funds for each fiscal year on or before September 30. (c) The County shall pay the District up to $20,000 each fiscal year for the services of a water well contractor and the materials necessary for controlling abandoned artesian wells in Indian River County, Florida. (d) In the event well abandonment opportunities become available, the cost of which exceeds the funding amount for the current fiscal year, the County agrees to seek additional funds for funding 50% of these costs. (e) The County shall be responsible for locating wells that are to be controlled, and shall complete a Well Investigation Form (Attachment B) for each well and submit the form to the District. (f) The County shall be responsible for obtaining written consent of well owners, authorizing their wells to be plugged by the District. (g) The County shall provide local contact with the public regarding the identification of new wel is for the District's inventory. (h) The County shall provide local coordination of the Program. 19. Responsibilities of the District: (a) The District shall administer the provisions of this Agreement. (b) The District shall obligate funding for 50% of the costs of controlling abandoned artesian wells up to the amount of $20,000 for each fiscal year. (c) The District shall submit to the County written assurance of availability of funds for each fiscal year on or before September 30. (d) In the event well abandonment opportunities become available, the cost of which exceeds the funding amount for the current fiscal year, the District agrees to seek additional funds for funding 50% of these costs. (e) The District shall maintain the services of a qualified water well contractor for the duration of this Agreement. (f) The District shall provide professional and technical support necessary to address all aspects of the work carried out by the water well contractor. f1' P76 GENERAL PURPOSE WELL INVESTIGATION FORM Reported By: Well Owner Name & Address: Well Location: GPS Position: Phone: Phone: Contract 31748 Comments: Attach photos Version 1.7 1/11/16 -7- P77 (Latitude) (Longitude) Date of Inspection: Observed By: Well Diameter: Well Depth: _ Well Status: (Check All That Apply) Accessible By: Well Head: Condition: Action: ❑ Foot ❑ Visible ❑ Capped ❑ Left as Found ❑ Vehicle ❑ Buried ❑ Valved ❑ Temp Plug ❑ Boat only ❑ Discharge visible only ❑ Leaking ❑ Temp Repair ❑ Not accessible ❑ Under power lines ❑ Flowing ❑ Flagged or staked ❑ Unable to locate ❑ Other Flow upon arrival gpm Flow wide open gpm Flow as left gpm Comments: Attach photos Version 1.7 1/11/16 -7- P77 Version 1,7 2/11/16 PROPERTY LOCATION MAP (from major intersection & to include mileage, may attach printed map) SITE SKETCH (from edge of landmark to well & to include approximate feet) -8- Contract 31748 P78 Contract 31748 ATTACHMENT C — DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample) DISTRICT SUPPLEMENTAL INSTRUCTIONS # DATE: TO: FROM: Gary Foster, Project Manager CONTRACT NUMBER: 30584 CONTRACT TITLE: Revenue -Cost Share Agreement for Controlling Abandoned Artesian Wells The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor adjustments to the work as consistent with the Co ocuments and return to the Di ct's Project Manager. 1. CONTRACTOR'S 2. DESCRIPTION OF DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: Contractor's approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved: Acknowledged: Gary Foster, District Project Manager Tina Spurlock, District Procurement Specialist c: Contract file Financial Services Date: Date: ac, Consent Agenda Item INDIAN RIVER COUNTY.,FLORIDA DEPARTMENT OF UTILITY SERVICES Date: October 12,2O17 To: Jason E.Brown, County Administrator From: Vincent Burke, P.E.,Director ofUtility Services Through: Richard B. Szpyrka,P.E,Public Works Director H|manshuMeta, P.E,Solids Waste Managing Director Prepared By: ArjunaVVera8oda,P.E'Capital Projects Manager Subject: Extension of Indian River County Continuing Contract Agreement for Professional Services DESCRIPTIONS AND CONDITIONS: On November 15, 2011, the Board wfCounty Commissioners (BCC) approved fourteen (14) firms, and on December 6, 2011, BCC approved two additional (2) firms for a total of sixteen (16) firms currently selected for the Continuing Contract Agreement for Professional Services with Indian River County. On November 4, 2014, the 8[C approved three-year extension and amendment to the Continuing Contract Agreement for Professional Services to provide certain professional services, which is set to expire November 16, 2017, Those services are for Public Works, Solid Waste, Utilities -Major and Utilities -Minor. Staff, with assistance from the Purchasing and Legal Departments, drafted a new Request for Qualifications (RFC) in compliance with Florida Statue 207.055 for professional engineering firms in regard to various continuing engineering services. Due to Hurricane Irma, the advertisement of RFQ 2018008 was delayed by two weeks. Currently, RFQ 2018008 is advertised, and proposals are to be submitted by October 24, 2017. ' Purchasing has received interest from many en8ineerin� firms with regard toRFQZD1OOO8. Once aselection committee has been approved by the County Administrator, given the anticipated number of proposals, staff anticipates the review tm take three to four weeks. Once the committee has short-listed firms then per the Purchasing Manual guidelines and Florida Statue 287.055, discussions must be conducted with the short-listed firms in order to come up with the final rankings. Therefore, staff anticipates the entire process to take 60 to 90 days. The current continuing services agreement for professional services has been utilized by the Department of Community Development, Public Works, Solid Waste and Utilities for various projects. The existing list comprises firms that have a satisfactory track record in performing civil engineering projects |nthe field of water, sewer, roadways, traffic analysis, structural, solid waste management, water resources and master planning. Therefore, county staff is proposing, subject to approval by the BCC, to extend the agreements for anotherthree'monthtermthatvvou|dexpineFebruoryl5,ZO1O.Staffhasne8ctiatedstandavdfeeschedu|es with each individual firm on the selection list. The fee schedules reflect fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual projects, work orders and purchase orders. C:\Users\legistar\AppData\Local\Temp\BCL Tech no1ogies\easyPDF8\@BCL@ Out of the sixteen (16) firms, thirteen (13) firms opted to extend their agreements for another three-month term. Below is the list of firms that have submitted an executed agreement for the Extension and Amendment of the Continuing Services Contract for Professional Services. Atkins North America, Inc. Kimley-Horn and Associates, Inc. Bridge Design Associates, Inc. (now Wantman Group) Masteller & Moler, Inc. Carollo Engineers, Inc. MBV Engineering, Inc. Carter Associates, Inc. Neel -Schafer, Inc. CDM Smith SCS Engineers Geosyntec Consultants Schulke, Bittle & Stoddard, LLC Brown and Caldwell FINANCING/FUNDING: Funding for projects will be allocated from individual accounts described in the Capital Improvement Plans, Renewal and Replacement Plan, or other accounts in the various departments. Once a contract has been negotiated with one of the above -listed consultants, a work order will be submitted to the BCC for approval. RECOMMENDATION: Since the county is in the process of selecting firms under RFQ 2018008, staff recommends approval of renewing the existing contract for three months with a single end date of February 15, 2018, for the thirteen (13) firms, and requests the Board of County Commissioners to authorize the Chairman to execute the agreements on their behalf. ATTACHMENT(s): 1. Extension of Continuing Contract Agreement for Professional Services (13 -firms). P81 EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ('Amendment") is entered into as of this 241h day of October, 2017; by and between INDIAN RIVER COUNTY, apolitical subdivision of the State of Florida, ("COUNTY"), and Wantman Group, Inc.. ("Consultant"): RECITALS WHEREAS, on November 4, 2014, County and Wantman Group, Inc. entered into a second and final extension of the Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilities -Minor systems (the "Agreement"); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and WHEREAS, the initial term and the additional three-year renewal periods will expire November 16, 2017; and WHEREAS, the County and Wantman Group, Inc. wish to renew the Agreement for one additional three-month period, commencing on the date of the expiration of the Agreement; 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. Renewal of Agreement. The Agreement is hereby renewed and extended and shall terminate on February 15, 2018. 3. All other provisions of the Agreement shall remain in full force and effect. Page I of 2 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above.. Consultant: (insert name) Wantman Group, inc. By Printed ed- . namr-Maiio Echagarrua Title; Executive Vice PreMdont Date INDIAN RIVER COUNTY By its Board of County Commissioners By Joseph E. Flesche'r, Chairman Date Approved by BCC:. Attest: J. K. Barton, Clerk By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal; 'Sufficiency: Dylan Reingold County Attorney Page 2 of 2 P83 EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this 24th day of October, 2017, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and NEEL-SCHAFFER, INC., ("Consultant"): RECITALS WHEREAS, on November 4, 2014, County and Consultant entered into a second and final extension of the Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District .(SWDD) Utilities - Major and Utilities -Minor systems (the'"Agreement"); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and WHEREAS, the initial term and the additional three-year renewal periods will expire November 16, 2017; and WHEREAS, the County and Consultant wish to renew the Agreement for one additional three-month period, commencing on the date of the expiration of the Agreement; 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. Renewal of Agreement. The Agreement is hereby renewed and extended and shall terminate on February 15, 2018. 3. All other provisions of the Agreement shall remain in full force and effect. Page 1 of 2 P84 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: (insert ham e) NEEL-SCHAFFER, INC. By Printed name: Ron S. Be ladi Title: Vice -President 'Date: October 10, 2017 INDIAN, RIVER COUNTY By its Board of County Commissioners By. Joseph E. Flescher,, Chairman Date Approved by BCC: Attest: J. K. Barton, Clerk - By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney P85 EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment') is entered into as of this 24th day of October, 2017, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Carollo Engineers, Inc., ("Consultant'): RECITALS WHEREAS, on November 4, 2014, County and Carollo Engineers, Inc. entered into a second and final extension of the Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWD.D) Utilities -Major and Utilities -Minor systems (the "Agreement'); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and WHEREAS, the initial term and the additional three-year renewal periods will expire November 16,2017; and WHEREAS, the County and Carollo Engineers, Inc. wish to renew the Agreement for one additional three-month period, commencing on the date of the expiration of the Agreement; 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. Renewal of Aereement. The Agreement is hereby renewed and extended and shall terminate on February 15, 2018. 3. All other provisions of the Agreement shall remain in full force and effect. Page 1 of 2 P86 IN WITNESS WHEREOF the parties hereto have -executed this Agreement as of the date first written above. Consultant: Carollo Engineers, Inc. By Printed name:'Robert S. Cushing Title: Senior Vice President .Date October 10, 2017 INDIAN RIVER COUNTY By - its Board of County Commissioners By Joseph E. Flescher, Chairman Date Approved by BCC: Attest: J. K. Barton; Clerk By Deputy Clerk Approved: Jason E. grown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney Page 2 of 2 P87 EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this 24th day of October, 2017, by and between INDIAN .RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Geosvntec Consultants , ("Consultant"): RECITALS WHEREAS, on November 4, 2014, County and Geosvntec Consultants entered into a second and final extension of the Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilities -Minor systems (the "Agreement"); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and WHEREAS, the initial term and the additional three-year renewal periods will expire November 16, 2017; and WHEREAS, the County and Geosvntec Consultants wish to renew the Agreement for one additional three-month period, commencing on the date of the expiration of the Agreement; 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. Renewal of Agreement. The Agreement is hereby renewed and extended and shall terminate on February 15, 2018. 3. All other provisions of the Agreement shall remain in full force and effect. Page 1 of 2 P88 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: (insert name) INDIAN RIVER COUNTY By its Board of County Commissioners Geosvntec Consultants By By Printed name: Nandra D. Weeks Joseph E. Flescher, Chairman Title: Senior Principal Engineer Date Approve_ d by BCC: Date 10/9/2017 Attest: J. K. Barton, Clerk B.Y. Deputy'Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney Page 2 of 2 P89 EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS 'EXTENSION to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this 24th day of October 2017, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Atkins , ("Consultant"): RECITALS WHEREAS, on November 4, 2014, County and Atkins entered into a second and final extension of the Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilities -Minor systems (the "Agreement"); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and WHEREAS, the initial term and the additional three-year renewal periods will expire November 16,2017; and WHEREAS, the County and Atkins wish to renew the Agreement for one additional three-month period, commencing on the date of the expiration of the Agreement; 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. Renewal of Agreement. The Agreement is hereby renewed and extended and shall terminate on February 15, 2018. 3. All other provisions of the Agreement shall, remain in full force and effect. Page 1 of 2 P90 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: (Atkins) By Rai Singh Printed name: Title: Vice President Date October 9 241 INDIAN RIVER COUNTY By its Board of County Commissioners By Joseph E. Flescher, Chairman Date Approved by BCC: Attest: J. K. Barton, Clerk By Deputy Clerk Approved: - Jason E. Brown County.Administrator Approved as to form and legal sufficiency: Dylan Reingold Page 2 of 2 P91 EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this 2,01 day of October, 2017, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and CDM Smith Inc., ("Consultant" ): RECITALS WHEREAS, on November 4, 2014, County and CDM Smith Inc. entered into a second and final extension of the Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities - Major and Utilities -Minor systems (the "Agreement"); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and WHEREAS, the initial term and the additional three-year renewal periods will expire November 16, 2017; and WHEREAS, the County and CDM Smith Inc. wish to renew the Agreement for one additional three-month period, commencing on the date of the expiration of the Agreement; 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. Renewal of Agreement. The Agreement is hereby renewed and extended and shall terminate on February 15, 2018. 3. All other provisions of the Agreement shall remain in full force and effect. Page 1 of 2 P92 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: CDM Smith Inc. INDIAN RIVER COUNTY By its Board of County Commissioners i By - By Eric J. Grotke, P.E., BCEE Joseph E. Flescher, Chairman -Vice President Date Approved by BCC: Date Z* i'7 Attest:.!. K. Barton, Clerk By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan zReingoid County,Attorney Page 2 of 2 P93 EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this 24th day of October, 2017, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and CARTER ASSOCIATES, INC., ("Consultant"): RECITALS WHEREAS, on November 4, 2014, County and Consultant entered into a second and final extension of the Continuing Contract Agreement for -Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities - Major and Utilities -Minor systems (the "Agreement"); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and WHEREAS, the initial term and the additional three-year renewal periods will expire November 16, 2017;.and WHEREAS, the County and Consultant wish to renew the Agreement for one additional three-month period, commencing on the date of the expiration of the Agreement; 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. Renewal of Agreement. The Agreement is hereby renewed and extended and shall terminate on February 15, 2018. 3. All other provisions of the Agreement shall remain in full force and effect. Page I of 2 P94 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: INDIAN RIVER COUNTY By its Board of County Commissioners Cater LOC17tes, Inc.By By .� Patrick S. Walther, P.E. Joseph E. Flescher, Chairman Principal/Secretary Date Approved by SCC:_: . Date Ll���i"7_ G / Attest: J. K. Barton, Clerk By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney Page 2 of 2 P95 EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this 2411, day of October, 2017, by and between INDIAN RIVER COUNTY, a political subdivision, of the State of Florida, ("COUNTY"), and Schulke, Kittle & Stoddard, LLQ ("Consultant"): RECITALS . WHEREAS, on November 4, 2014, County and Schulke, Bittle & Stoddard, LLC entered into a second and final extension of the Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilities -Minor systems (the "Agreement"); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and WHEREAS, the initial term and the additional three-year renewal periods will expire November 16, 2017; and Schulke, Bittle & Stoddard, LLC WHEREAS, the County and wish to renew the Agreement for one additional three-month period, commencing on the date of the expiration of the Agreement; 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. Renewal of Agreement. The Agreement is hereby renewed and extended and shall terminate on February 15, 2018. 3. 4. All other provisions of the Agreement shall remain in full force and effect. Page I of 2 19M IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: : (insert name) Schulke, Biftle & oddard, LLC INDIAN RIVER COUNTY By its Board of County Commissioners By By Printedla /oe p*h W. Sch. ulke, P.E.. Joseph E: Flescher, Chairman g Title:" .,n;� Member efter Date Approved by BCC: Date 10/9/2017 Attest' J. K. Barton, Clerk By Deputy Clerk Approved, Jason E. Brown County Administrator Approved as to form and -legal sufficiency: Dylan keingold County Attorney Page 2 of 2 P97 'EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this 24th day of October 2017, by and between INDIAN RIVER COUNTY, a political -subdivision of the State of Florida, ("COUNTY"), and Kimley-Horn and Associates, ("Consultant"): RECITALS WHEREAS, on November 4, 2014, County and Kimley-Horn and Associates entered into a second and final extension of the Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilities -Minor systems (the "Agreement"); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and WHEREAS, the Initial term and the additional three-year renewal periods will expire November 16,2017; and WHEREAS, the County and Kirriley-Horn and Associates wish to renew the Agreement for one additional three-month period, commencing on the date of the expiration of the Agreement; NOW THEREFORE, EFORE, 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. Renewal of agreement, The Agreement is hereby renewed and extended and shall terminate on February 15, 2018. 3. All other provisions of the Agreement shall remain in full force and effect. Paget of 2 P98 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: 1NDIAN RIVER COUNTY By its Board of County Commissioners KIMLEY-4ASSOCIATES By: \AY1 BY - Printed nl,�e,! Ian Good, P.E. Joseph E. Flescher, Chairman, r P 'ident Title: SO4, Pate Approved by BCC. Date: October 9, 2017 Attest: J. K. Barton, Clerk By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold- County Attorney. Page 2 of 2 P99 EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION 10CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this num day of October, 2017, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("'COUNTY"), and SCS Engineers, RECITALS WHEREAS, onNovember 4, 2014, ' County and SCS Engineers entenedlntoasecondand final extension of the Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SmJDD) Utilities - Major and d|ities- K4 'orand Utilities -Minor systems /the "Agreement"); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and ` WHEREAS, the initial term and the additional three-year renewal periods will expire November 16,2017;and WHEREAS, the County and SCS Engineers wish torenew the Agreement for one additional three+month period, commencing,on the date of the expiration of the Agreement; NOW THEREFO - RE, inconsideration ofthe mnutUa|undertakings herein and other good and valuable consideration, the receipt and adequacy ofwhich ishereby acknowledged, the parties agree, as follows: 1. AecitaK The above recitals are true and correct and are incorporated herein. 2. Renewal of Agreement. The Agreementishereby renewed and extended and shall 3. All other provisions of the Agreement shall remain in full force and effect. Page I of 2 t _ i IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. i i Consultant: (insert name) INDIAN RIVER COUNTY By its Board of County Commissioners SCS En ine By By .Printed name: Carlo E_ebron Joseph E. Flescher, Chairman Title: Vice President Date Approved by 8CC: Date October 9 2017 ri Attest: J. K. Barton, Clerk By Deputy Clerk Approved: Jason E. Brown County Administrator Approued as to form and legal sufficiency: Dylan Reingold County Attorney Page 2 of 2 P101 EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this 20 day of October, 2017, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY), and MASTELLER & MOLER, INC., ("Consultant"): RECITALS WHEREAS, on November 4, 2014, County and MASTELLER & MOLER, INC. entered into a second and final extension of the Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilities -Minor systems (the "Agreement"); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and WHEREAS, the initial term and the additional three-year renewal periods will expire November 16, 2017; and WHEREAS, the County and MASTELLER & MOLER, INC. wish to renew the Agreement for one additional three-month period, commencing on the date of the expiration of the Agreement; 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. Renewal of Agreement. The Agreement is hereby renewed and extended and shall terminate on February 15, 2018. 3. All other provisions of the Agreement shall remain in full force and effect. Page I of 2 9M IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant:_ MAST & MOLER, INC. By' Printed name: Stephen E. Moler, PE Title:, Vice President Date11'x- INDIAN RIVER COUNTY By its Board of County Commissioners By Joseph E. Flescher, Chairman Date Approved ;by BCC: Attest: J. K. Barton, Clerk By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney Page 2 of 2 P103 EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as .of this 24th day of October, 2017, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and MBV ENGINEERING, INC, , ("Consultant"): RECITALS WHEREAS, on November 4, 2014, County and MBV ENGINEERING, INC. entered into a second and final extension of the Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilities -Minor systems (the "Agreement"); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and WHEREAS, the initial term and the additional three-year renewal periods will expire November 16, 2017; and WHEREAS, the County and MBV ENGINEERING, INC. wish to renew the Agreement for one additional three-month period, commencing on the date of the expiration of the Agreement; 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. Renewal of Agreement. The Agreement is hereby renewed. and extended and shall terminate on February 15, 2018. 3. All other provisions of the Agreement shall remain in full force and effect. Page I of 2 lim IN WITNESS WHEREOF the parties hereto have executed this Agreoment as of the date first Written above. Consult'pnt: (insert name) MBV-ENGMEERING INC. By Print name: Aaron Bowl(?s, P.E. Title: Vice President Date October 9, 2017 INDIAN RIVER COUNTY By its Board of County Commissioners By Joseph E. Plescher, Chairman Date Approved by BCC: Attest: J. Barton, Clerk - !puty Clerk U Brown Wministrator a -a" s- to form * and legal--' cy; !ingold ktt orney Page 2 of 2 PiO5 EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this 24' day of October, 2017, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Brown and Caldwell, ("Consultant"): RECITALS WHEREAS, on November 4, 2014, County and Brown and Caldwell entered into a second and final extension of the Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilities -Minor systems (the "Agreement"); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and WHEREAS, the initial term and the additional three-year renewal periods will expire November 16, 2017; and WHEREAS, the County and Brown and Caldwell wish to renew the .Agreement for one additional three-month period, commencing on the date of the expiration of the Agreement; 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. Renewal of Agreement. The Agreement is hereby renewed and extended and shall terminate on February 15, 2018. 3. All other provisions of the Agreement shall remain in full force and effect. Page I of 2 P106 IN WITNESS WHEREOF the parties hereto have executed this Ag reement as of the date first written above. Consultant: (Ihserilnarne) INDIAN RIVER COUNTY By its Board of County COMMISsioll.ers By 41('13A. p By Printed name: Joseph E. Flescher, Chairman Title. W -P12 Date Date Approved by BCC: Attes - t: J. K. Barton, Cleik By Deputy Clerk Approved-. Jason E. Brown County AcIrnihistrator Approved as -to form and legal sufficiency: Dylan, R6ihgdld County Attorney Page 2 of 2 Scanned by CamScanner f" P107 EXTENSION OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this 24th day of October, 2017, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Knight, McGuire &Associates, Inc. ("Consultant"): RECITALS WHEREAS, on November 4, 2014, County and Knight, McGuire & Associates, Inc. entered into a second and final extension of the Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilities -Minor systems (the "Agreement"); and WHEREAS, the 2011 Agreement was for an initial term of three years, with the option of another three additional years; and WHEREAS, the initial term and the additional three-year renewal periods will expire November 16, 2017; and WHEREAS, the County and Knight, McGuire & Associates, Inc. wish to renew the Agreement for one additional three-month period, commencing on the date of the expiration of the Agreement; 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. Renewal of Agreement. The Agreement is hereby renewed and extended and shall terminate on February 15, 2018. 3. All other provisions of the Agreement shall remain in full force and effect. Page I of 2 M I IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: (insert name) Knight, McGuire & Associates, Inc. By _ —V�� Printed name: David S. Knight, P.E. Title: CEO Date — 10/9/2017 INDIAN RIVER COUNTY By its Board of County Commissioners By Joseph E. Flescher, Chairman Date Approved by BCC: Attest: J. K. Barton, Clerk By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney Page 2 of 2 "? 10-2, INDIAN RIVER COUNTY., FLORIDA DEPARTMENT OF UTILITY SERVICES Date: October 13,2U17 To: Jason E.Brown, County Administrator From: Vincent Burke, P.E.,Director ofUtility Services Prepared By: ArjunaVVera8oda,P.E,Capital Projects Manager Subject: Upper Floridan Aquifer Modeling and Consumptive Use Permit Modification ' Amendment No. 1toWork Order No. 3 MeW Kft DESCRIPTIONS AND CONDITIONS: OnSeptember 22, 2015, the Board of County Commissioners (BCQ approvedWork Order No. 3with CDM Smith to embark onrestructuring the existing St. Johns River Water Management District (SJRWMD) Consumptive Use Permit (CUP). ANALYSIS: i regard As On�p�m�r2�2O1����u�amd�e�pm�d n�� � the modeling efforts began, the county opted to request additional xve|0e|d allocation, in addition to the operational flexibUity, to meet anticipated demands through the duration of the permit (based on the increasing sale of Equivalent Residential Units (ERUs) and a recent uptick in deve|opment/newconstruction). The request for an increase in allocation involves the preparation of additional supporting documentation that was not originally included in the Scope of Services, such as an update to the water conservation plan, reuse feasibility study, population projections and unaccounted for water survey. Therefore, these items are covered under the Amendment No. 1 to Work Order No. 3 for a sum amount of $6,200, bringing the revised total to $141,400. Funds forthis project are derived from the other professional services account in the operating fund. Operating funds are generated from water and sewer sales. Description Account Number ount Other Professional Services 47121936-033190 $6,200 Staff recommends approval ofAmendment No. 1toWork Order No. 3and requests that the Board ofCounty Commissioners authorize the Chairman to execute the amendment on their behalf to engage the services of CDM Smith for a sum amount of $6,200. 1. Amendment No. 1 to Work Order No. CCNA-2014-WO 3 Upper Floridan Aquifer Modeling and Consumptive Use Permit Modification AMENDMENT NUMBER 1 WORK ORDER NUMBER CCNA-2014 No. 3 Consumptive Use Permit Modification and UFA Groundwater Modeling This Amendment 1 to Work Order Number — is entered into as of this _ day of 201, pursuant to that certain Continuing Contract Agreement for Professional Services, dated December 6, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4a' 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 CDM Smith, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number CCNA-2014 No. 3, Effective Date 09/22/2015. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment 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), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS CDM Smith, Inc. OF INDIAN RIVER COUNTY P By: title:i'r4tr�t� By: , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Cleric of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Joseph A. Baird, County Administrator Dylan T. Reingold, County Attorney um EXHIBIT A AMENDMENT NO.1 SCOPE OF WORK INDIAN RIVER COUNTY UPPER FLORIDAN AQUIFER MODELING AND CONSUMPTIVE USE PERMIT MODIFICATION This Authorization, when executed, shall be incorporated in and become part of the Contract for Consulting/Professional Services between the Indian River County (County), and CDM Smith Inc. (Consultant), dated December 6, 2011, and the Extension and Amendment of Continuing Contract Agreement for Professional Services, dated November 4, 2014, hereafter referred to as the Contract. BACKGROUND The County authorized Consultant in 2015 to prepare a groundwater model and limited supporting documentation for the preparation of a modification application to the County's existing Consumptive Use Permit (CUP). The existing CUP allows for 12.838 million gallons per day (mgd) with 6.4 mgd from the South County wellfield and 6.438 mgd from the North County wellfield (maximum withdrawal in year 2021). Initially, the County was seeking operational flexibility between the two wellfields by requesting that the individual wellfield allocations be combined such that the County would be able to withdraw the total demand from either wellfield, as needed. This flexibility was not intended to increase the overall allocation. As the modeling efforts began, the County opted to request additional wellfield allocation, in addition to the operational flexibility, to meet anticipated demands through the duration of the permit (based on the increasing sale of Equivalent Residential Units (ERU) and recent uptick in development/new construction). The request for an increase in allocation involves the preparation of additional supporting documentation that was not originally included in the Scope of Services. Preliminary discussions with St. Johns River Water Management District (SJRWMD) permitting staff indicated that there would not be a requirement to update the water conservation plan, reuse feasibility study, population projections or unaccounted for water survey, since the County was not requesting an overall increase in allocation. These items were therefore omitted from the original Scope of Services. With the requested increase, SJRWMD determined that the water conservation plan, population projections and unaccounted for water survey would require updating. There was not a requirement to update the reuse feasibility study. The County determined that the unaccounted for water survey would be conducted by County staff, and the water conservation plan would be updated (if needed) by County staff. The Consultant was tasked with revising the population projections and determining the appropriate corresponding wellfield allocation to be requested. The following is the amended Scope of Services associated with preparation of the population projections, corresponding demand and associated meetings with County staff and SJRWMD. jj2086_Ur with Echih(tt.doo A-1 CO Pilo SCOPE OF SERVICES Consultant will perform the following amended task services: TASK 1.0 COORDINATION WITH SJRWMD Subtask 1.1 Pre -Application Conference_ No change to this subtask. Subtask 1.2 Preparation of Modeling Approach Memorandum No change to this Subtask. Subtask 1.3 Preparation of Permit Application In addition to preparing SJRWMD Form No. 40C -2.900(1)(e), Consumptive Use Permit for Public Supply— Form E and supporting documentation as outlined in the original Scope of Services, the Consultant prepared the updated population projections and corresponding wellfield allocation for use in determining the modeling scenarios to be used. Best available information provided by the County was in the form of ERUs in use, reserved, or newly sold (including projections). This is not a conventional method of demonstrating population and demand for CUP purposes; however, SJRWMD staff recognized that the County is in a unique position due to the large volume of reserve capacity (ERUs that have been purchased for units that have not yet been constructed) and agreed to accept the methodology. Several iterations of the demand tables were prepared and numerous meetings were held with SJRWMD and County staff to finalize the demand numbers to be used in the modification request. This amended subtask includes 9 iterations of the tables and 11 meetings/conference calls to finalize the demand projections. In addition, Consultant assisted with coordination and updates to the previous avoidance plan action items to address the items that were not completed in accordance with the approved schedule. This was not included in the original Scope of Services (only the update to the avoidance plan resulting from the current modeling effort was included). Subtask 1.4 Response to Requests for Additional Information No change to this subtask. Subtask 1.S Review of Draft Permit No change to this subtask. Task 2.0 MEETING WITH SJRWMD No change to this subtask. TASK 3.0 PROJECT MANAGEMENT AND QUALITY CONTROL Activities performed under this task consist of those general functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this scope is consistent with Consultant's standards and the County's expectations. Specific activities included are identified below: Subtask 3.1 Project Quality Management No change to this subtask. Subtask 3.2 Project Status Reports No change to this subtask. p2086_Ur with Eah{bitsdoa A-2 co P111 OTHER SERVICES NOT INCLUDED IN THIS SCOPE OF SERVICES This authorization does not include: ■ Updates to the water conservation plan or unaccounted for water survey n Permit application fee; or ■ Modeling changes for RAls. COUNTY RESPONSIBILITIES The County will provide all reasonable data requested by the Consultant for the purpose of completing the aforementioned tasks. The County will also provide a timely review of all work products and all permit fees. SCHEDULE ■ The overall schedule was significantly extended as a result of issues that arose surrounding the avoidance plan and nearest neighbor impacts. The application for modification will be submitted on or before November 1, 2017, provided that the unaccounted for water survey and water conservation plan are available from County staff for submittal. Response to any Requests for Additional Information will be submitted in accordance with SJRWMD guidelines. COMPENSATION AND PAYMENT Compensation for the Scope of Services described herein shall be made on the basis of a lump sum fee. The lumpr sum fee for Tasks 1.0 through 3.0, inclusive,, is amended by $6,200, for a revised lump sum fee of $141,400 as shown in Exhibit B. Consultant will invoice County on a monthly basis based on percent complete. jj2086_Lt, with Exhlbits.daa A-3 i P112 EXHIBIT B AMENDMENT NO. 1 FEE SCHEDULE INDIAN RIVER COUNTY UPPER FLORIDAN AQUIFER MODELING AND CONSUMPTIVE USE PERMIT MODIFICATION For invoicing purposes, .a summary of fees by task is provided below. The Consultant will invoice the County monthly on a Lump Sum basis for costs incurred during the billing cycle. Description Original Fee Amendment No.1 Total { Task 1.0 — Coordination with SJRWMD $ 14,470 $ 6,200 $ 20,670 Task .2.0 -Meeting With SJRWMD $109,795 $ 6 $109,795 Task -3.0 — Project Management and Quality ;Control $ 9,935 $ 0 ; $ 9,935 Subtotal $134,200 $ 6,200 $140;400 Other:Direct Costs $ 1,000 $ 0 . $ 1,000 TOTAL (Lump Sum) $135,200 $ 6,200 $141,400 JJ2086_ttr with EMhihlts.doa B-1 0 P113 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: October 13, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: Approval of Change Order and Final Pay for Work Authorization No. 2017-007 to Replace Water Services in "Oaks of Vero" Subdivision DESCRIPTIONS AND CONDITIONS: During the June 20, 2017, meeting, the Board of County Commissioners (BCC) approved Work Authorization #2017-007 for Blue Goose Construction (Contractor) to replace water services in the "Oaks of Vero" subdivision. The project commenced shortly thereafter. In the course of construction, the Contractor and Indian River County Department of Utilities Services (IRCDUS) realized the need for additional work to complete the job. ANALYSIS: The additional work was related to exploratory excavations ("potholes") to locate existing service connections, lawn restoration, and demolition and removal of existing concrete sidewalk. This work correlates to pay items in the labor contract and shall be paid accordingly. The additional work and related cost increase applies only tothe laborcontract; cost for direct -purchased material was not increased. Project costs are summarized in the table below. Original Approval Additional Labor Final Cost 1— Labor Expense: $ 14,157.00 $5,641.75 $19,798.75 2 — Materials: $ 10,342.20 $0 $10,342.20 Totals: $ 24,499.20 $5,641.75 $30,140.95 FUNDING: Funding for this project is derived from the Renewal and Replacement budget in the Operating fund. The Operating fund budget is derived from water and sewer sales. ACCOUNT NAME I ACCOUNT NUMBER AMOUNT Oaks of Vero Water Service Replacement 1 47123536-044699-17528 $ 30,140.95 P114 Staff recommends that the Board ofCounty Commissioners approve achange order toWork Authorization No. %O17-OO7.foran additional labor amount of$5,4175,andtoauthorizefina payment toBlue Goose Construction for a total labor cost of $19,798.75. 1. Blue Goose Construction Invoice (3pages) SECTION 00622 - Contractor's Application for Payment Oaks of Vero Application for Payment No.F1 FINAL. For Work Accomplished through the period of Jul 1.2017 through Sept 25. 2017 To: Indian River County (OWNER) From: Blue Goose Construction LLC (Contractor) Bid No.: 2016032 Project No.: 1) Attach detailed schedule and copies of all paid Invoices. 1 Original Contracl Price: 2 Net change by Change Orders and Written Amendments (+or-): 3 Current Contract Price (1 plus 2): 4 Total completed and stored to date: 5 Retainage (per Agreement): 0% of completed Work: Q%of retainage: 6 Total completed and stored to date less retainage (4 minus 5): 7 Less previous Application for Payments: 8 DUE THIS APPLICATION (6 MINUS 7): CONTRACTOR'S CERTIFICATION: 14,157.00 6,928.75 $ 21.085.75 $ 19,798.75 Total Retainage: 5 $ 19,798.75 $ 19,798.75 UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of.payment free and dear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER Indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes Imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1 Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to Why any release of lien forth is not included; Page 1 Pay Application 1 P116 2 Updated Construction Schedule per Specification Section 01310, and; Dated to , Al • 1 STATE OF FLORIDA COUNTY OF INDIAN RIVER Greg Hampton - Controller Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Y O G.w. j } G n , who being by me first duly sworn upon oath, says that he/she is the ('.ftY kkr v^ of the CONTRACTOR mentioned above and that he/she has-been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this L+ day of. G c , 201-7 (SEAL) is personti to me.or has produced as identification. NOTARY PUBLIC: Printed name: "'rrMS& 00 Commission No.: f' b?', z my COMtt9SS1AY 11 FF 945828 Commission Expiration: t EXPIRES: 6—eaember22, 2019 ryPntGctfaderxr8ers [The remainder of this page was left blank intentionally) Page 2 Pay Appkalion f Imb (CONTRACTOR ust be sig ed by an Officer oftheCorporation) Greg Hampton - Controller Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Y O G.w. j } G n , who being by me first duly sworn upon oath, says that he/she is the ('.ftY kkr v^ of the CONTRACTOR mentioned above and that he/she has-been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this L+ day of. G c , 201-7 (SEAL) is personti to me.or has produced as identification. NOTARY PUBLIC: Printed name: "'rrMS& 00 Commission No.: f' b?', z my COMtt9SS1AY 11 FF 945828 Commission Expiration: t EXPIRES: 6—eaember22, 2019 ryPntGctfaderxr8ers [The remainder of this page was left blank intentionally) Page 2 Pay Appkalion f Imb Indian River County Utilities Ooks of Vero INm No. (loser ion Materials Stored to Dale NNt Sehed ded Value Previous Application Oalt Pries am t Tota This Period a -,FW _ Tont Total Completed OmMt11 TOMI % M"Y""AW Com atend zts, lasr 11.1- bPlalsn Oiradl Total Less Previous Payment S Amount Due Contractor S 19 798.75 71 Mottilzatbn 1 LS 1170.00 S 1170.00 1.00 1170.00 1.00 _ 1170.00 100.00% 0.00% ISO Itdtel Water five • S' a Clew C • d Se16 M 11 EA 425.00 S 4.87S.00 11.00 4 875.00 11.00 4676.00 100.00% le Instal Water Svc-DeuMel CIMC otstal I" PE, Set 12 EA 425.00 S 5100.00 1200 5100.00 12.00 5100.OD 100.0016 23 Test Holes I Put Holes 5 EA 250.00 S 1.250.00 5.00 1.250.00 6.00 1,250.CD 100.00% ads Instal 4'Sidewolk 300 SF 2.25 S 875.00 30aoo 675.00 300.00 875.00 100.00% s 12,870.00 Addltlonal nems 23 Test Holes l Pol Holes .25 EA 250.00 S 6250.00 2500 6.2SO.001 25,00 6250.00 98e LevenA sl..tbn Sad-10Sk10' pers-kel 155 SY 225 5 348.75 155.00 348.75 165.00 348.751 100.00% 79C Removalof Concrete 33 SY 10.00 S 33500 33.00 330.00 33.00 330.00 100.00% cortho.r.ey 1 LS 1,287.00 S 1287.00 0.00% 1.00 1287.00 S 0.00% o inatCW"ci S 001 i Addhie rsl Work S 8928.75 Total I S 21.085.76 s I IF 1979575 3 19,798.751 s $ 1,287.00 Amount Completed to Date 1 s 19.798.75 Materials Stored to Dale $ SubTotal Materials Stored a Completed I S Retainage, @ 0% Total Completed d Stored Less Reteinage t s 19.798.75 Less Previous Payment S Amount Due Contractor S 19 798.75 OaMeoly- Wolldentrt Pale 1 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: October 12, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Through: Terry Southard, Operations Manager Eric Charest, Environmental Compliance Specialist Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Extension of Annual Wetlands Maintenance Contract at West Regional Wastewater Treatment Plant DESCRIPTIONS AND CONDITIONS: V On October 18, 2016, the Board of County Commissioners (BCC) approved to retain Ecotech Consultants, Inc., to maintain and operate the West Regional Wastewater Treatment Facility (WWTF) Wetlands System for a sum amount of $34,000.00 (Item 8R). Although staff requested the option of authorizing the Purchasing Manager to grant renewal of the contract up to two one year terms, the BCC denied that request. Instead, the BCC approved award of the bid to Ecotech Consultants, Inc., fora one-year term with no renewal options. That contract is expiring October 31, 2017. Staff is requesting an extension to the Ecotech Consultants, Inc., contract for an additional three-month term. Staff, with the assistance from the Purchasing and Legal Departments, drafted a new Request for Proposal (RFP) for the Annual Maintenance of the Wetlands at the WWTF. As of the writing of the subject agenda, legal and purchasing have submitted comments on the draft RFP, and staff is in the process of reviewing those comments. Due to Hurricane Irma and the changes in the procurement method, staff has been delayed over three weeks in preparing the RFP. Staff anticipates advertising the RFP on October 22, 2017, with proposals to be received by November 22, 2017. Once a selection committee has been approved by the County Administrator, staff anticipates the entire evaluation and ranking process to take two to three weeks. The current consultant has implemented numerous changes to the Wetlands system, with those changes to be identified in the Annual Maintenance report as required by the Florida Department of Environmental Protection (FDEP) for the calendar year ending 2017. That report is to be submitted to the Indian River County Department of Utility Services (IRCDUS) by January 31, 2018, with a final report being submitted to the FDEP by April 28, 2018. In order to have the consultant that managed the Wetlands system during the reporting period responsible for authoring the annual report, staff proposes changing the contract time period to cover the calendar year. Therefore, for the reasons stated above, county staff is proposing, subject to approval by the BCC, to extend the contract with Ecotech Consultants, Inc., for an additional three-month term that would expire January 31, 2018. C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940EC61A\@BCL@940EC61A.docx P119 FINANCING/FUNDING: Funds for this project were allocated from the Other Professional Services account in the operating fund. The consultant is not requesting additional funds to cover the additional three-month term. RECOMMENDATION: Since the county is in the process of selecting firms under a new Request for Proposal, staff recommends approval of extending the existing contract forthree (3) months with a single end date of January 31, 2018, for Ecotech Consultants, Inc. P120 CONSENT AGENDA 17K INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 16, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Michael Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Declaration of Excess Equipment as Surplus for Sale or Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As authorized by the Board, the items will either be sold by online auction or at the scheduled December 2, 2017 live auction at the Sheriff's facility. The funds received from the sale of these items will be returned to the appropriate accounts. RECOMMENDATION: Staff recommends the Board declare the items on the List for 102417 Agenda as surplus and authorize their sale and/or disposal as indicated. There is no cost to the County associated with this request. ATTACH M ENT: List for 102417 Agenda P121 List for 102417 Agenda Asset Fleet Description VIN/Serial Working y/n 21264 147 2003 Dodge Ram Pick Up iD7HA16K73J614952 Y 161770 322 1996 Ford F250 Pick up 1FTHF26H4TEB05674 Y 195330 350 2001 F350 1 ton Service Truck 1FDWF32F21EB47742 Y 21536 357 2003 Ford F-250 Crew Cab 1FTNW20L73ED27898 N 23005 510 2006 Ford Crown Victoria 2FAFP73V36X133616 Y 21346 567 2003 Chevy Blazer 1GNCS13XX3K159193 Y 22095 680 2004 Ford 1/2 Ton Pick up 1FTRF12W74NC68596 Y 23500 688 2006 Ford F-150 Pickup Truck 1FTRF12216NB36014 N 23008 804 2006 Ford Ranger 1FPYR14U46PA65056 Y 23009 805 2006 Ford Ranger 1FTYR14U26PA65055 N 23172 808 2006 Ford Ranger 1FTYR14U66PA65057 Y 8881 RCA Camcorder N 9346 Scott Signgraver Kit N 9615 Aluminum Storage Shed 10x12 Y 9915 Canon AP81D Typewriter 512029055 N 12850 Mobile Display Board case & Chalk Board (one Key for Both) y 12851 Mobile Display Board case & Chalk Board (one Key for Both) y 13086 Realistic TV/VHS Combo Y 13087 Realistic TV/VHS Combo y 16263 Computer Tower N 16317 Amprobe N 16746 Toshiba Copier SF718648 Y 18603 Ether Fast 10/100 Autosensing Linksys 16 Port Hub 833000055 N 18730 Computer Tower N 20155 Television - VCR Combo 1000036 Y 20231 Dell PowerEdge 2500 Server 8QGV211 N 20670 Dell Optiplex GX150 Tower WVM2F-427WK-DW962-9RJG4-8B2KT N 21330 MSA -PACK Breathing Apparatus N 21331 MSA -PACK Breathing Apparatus N 21332 MSA -PACK Breathing Apparatus N 21333 MSA -PACK Breathing Apparatus ZUO36097 N 21334 MSA -PACK Breathing Apparatus EX218362 N 21335 MSA -PACK Breathing Apparatus ZW043068 N 21336 MSA -PACK Breathing Apparatus ZWOY3057 N 21337 MSA -PACK Breathing Apparatus EX218360 N 21338 MSA -PACK Breathing Apparatus ZV053095 N 21339 MSA -PACK Breathing Apparatus EX126445 N 21340 MSA -PACK Breathing Apparatus EY174083 N 21341 MSA -PACK Breathing Apparatus EY010466 N 21342 MSA -PACK Breathing Apparatus EY174090 N 21587 MSA -PACK Breathing Apparatus EX125378 N 21588 MSA -PACK Breathing Apparatus EX126445 N 21589 MSA -PACK Breathing Apparatus N 21590 MSA -PACK Breathing Apparatus N P122 List for 102417 Agenda Asset Fleet Description VIN/Serial Working y/n 21591 MSA -PACK Breathing Apparatus EW245211 N 21592 MSA -PACK Breathing Apparatus EY125381 N 21593 MSA -PACK Breathing Apparatus N 21594 MSA -PACK Breathing Apparatus N 21595 MSA -PACK Breathing Apparatus N 21596 MSA -PACK Breathing Apparatus EX125363 N 21597 MSA -PACK Breathing Apparatus EX126444 N 21667 Sebastian office steel case furniture Y 21689 HACH Recurlicating Bath y 22106 Club Car Carry All Turf II Utility Vehicle N 22120 MSA -PACK Breathing Apparatus N 22121 MSA -PACK Breathing Apparatus N 22159 ACME KVM ACM305636 Y 22195 Dell Poweredge 6650 Server GPGM461 N 22223 Dell Dimension 2400 Tower J4QMV-CH2GM-33QBR-WHXRQ-VWK3D N 22224 Dell Dimension 2400 Tower DHJ9G-D8M96-6JXT8-MWYVM-FFCTY N 22249 Philips Digital Video Recorder, Video Multiplexer 22320 Mastermeter FW500 Radix Field Worker Handhelds N 22321 Mastermeter FW500 Radix Field Worker Handhelds N 22322 Mastermeter FW500 Radix Field Worker Handhelds N 22323 Mastermeter FW500 Radix Field Worker Handhelds N 22324 Mastermeter FW500 Radix Field Worker Handhelds N 22325 Mastermeter FW500 Radix Field Worker Handhelds N 22326 Mastermeter FW500 Radix Field Worker Handhelds N 22327 Mastermeter FW500 Radix Field Worker Handhelds N 22352 MSA -PACK Breathing Apparatus ZS106051 N 22353 MSA -PACK Breathing Apparatus ZR57151 N 22415 MSA -PACK Breathing Apparatus N 22416 MSA -PACK Breathing Apparatus N 22417 MSA -PACK Breathing Apparatus ZW043043 N 22418 MSA -PACK Breathing Apparatus ZW043060 N 22419 MSA -PACK Breathing Apparatus EY174099 N 22420 MSA -PACK Breathing Apparatus EY010461 N 22421 MSA -PACK Breathing Apparatus EY010456 N 22422 MSA -PACK Breathing Apparatus EY174097 N 22423 MSA -PACK Breathing Apparatus ZV064201 N 22424 MSA -PACK Breathing Apparatus EY010468 N P123 List for 102417 Agenda Asset Fleet Description VIN/Serial Working y/n 22693 MSA -PACK Breathing Apparatus ZT046119 N 22694 MSA -PACK Breathing Apparatus ZT046122 N 22695 MSA -PACK Breathing Apparatus ZT046098 N 22696 MSA -PACK Breathing Apparatus ZU018679 N 22697 MSA -PACK Breathing Apparatus ZT053692 N 22698 MSA -PACK Breathing Apparatus ZU017630 N 22699 MSA -PACK Breathing Apparatus ZT046135 N 22700 MSA -PACK Breathing Apparatus ZT046130 N 22701 MSA -PACK Breathing Apparatus ZT046067 N 22702 MSA -PACK Breathing Apparatus ZT046040 N 22703 MSA -PACK Breathing Apparatus ZU036121 N 22867 Club Car Carry All Turf II Utility Vehicle N 22938 NCR ITRAN 180E/300E 37111683-1 Y 22987 Kyocera Model #KM -2050 Copy Machine AGJ305323 Y 23016 Dell Poweredge 2800 Server GFR0491 N 23444 Intel OptiPlex GX620 Processor N 23491 Optiplex 745 70XMKCI CS:2444 N 23494 Dell Optiplex 745 y 23551 MSA -PACK Breathing Apparatus N 23552 MSA -PACK Breathing Apparatus N 23553 MSA -PACK Breathing Apparatus N 23554 MSA -PACK Breathing Apparatus N 23555 MSA -PACK Breathing Apparatus N 23556 MSA -PACK Breathing Apparatus N 23557 MSA -PACK Breathing Apparatus N 23558 MSA -PACK Breathing Apparatus N 23559 MSA -PACK Breathing Apparatus N 23560 MSA -PACK Breathing Apparatus N 23561 MSA -PACK Breathing Apparatus N 23562 MSA -PACK Breathing Apparatus N 23784 Dell Power Edge 2850 Server P97X7-2PBB3-CHBM3-6DKYR-VKV9B N 23860 Optiplex GX520 Tower N 23982 Dell Optiplex 745 y 23983 Dell Optiplex 745 y 23985 Dell Optiplex 745 JWH5SC1/SC32464 N 24024 MSA -PACK Breathing Apparatus N 24025 MSA Unit N 24026 MSA Unit N 24027 MSA -PACK Breathing Apparatus N 24028 MSA -PACK Breathing Apparatus N 24029 MSA Unit N 24030 MSA -PACK Breathing Apparatus N 24031 MSA -PACK Breathing Apparatus N 24032 MSA Unit N 24033 MSA -PACK Breathing Apparatus N P124 List for 102417 Agenda Asset Fleet Description VIN/Serial Working y/n 24034 MSA -PACK Breathing Apparatus N 24197 Dell Optiplex 745 80045-524-944-384 N 24311 Dell Optiplex 745 N 24336 Dell Poweredge 2900 Server HTDORDI N 24355 Dell Precision Laptop and Docking Station 80045-405-582-734 N 24575 MSA -PACK Breathing Apparatus N 24642 Dell Optiplex 320 Tower WQCQV-GM22T-MTPWB-H483G-F9CBJ N 24643 Dell Optiplex 320 Tower HWKR9-QW7HF-PPV92-XD3C7-FM4FM N 24644 Dell Optiplex 320 Tower VMPF8-HQKKV-27YQ2-WC70K-WFGVG N 24645 Deli Optiplex 320 Tower HYMVV-4PCRY-Q92KX-VCJG4-86YPW N 24646 Dell Optiplex 320 Tower HC282-QTB3H-RRP6T-VFGKY-43G7Q N 24798 Dell optiplex 755 computer FXWZ9G1 N 24815 Dell Latitude D630 Laptop N 24818 Dell Rugged laptop N 24819 Dell Rugged laptop N 24823 Dell optiplex 755 computer 8ZRQDHI N 24892 ISCO 4700 Sampler N 24996 MSA -PACK Breathing Apparatus N 24997 MSA Unit N 24998 MSA -PACK Breathing Apparatus N 24999 MSA -PACK Breathing Apparatus N 25000 MSA -PACK Breathing Apparatus N 25001 MSA -PACK Breathing Apparatus N 25002 MSA -PACK Breathing Apparatus N 25003 MSA -PACK Breathing Apparatus N 25004 MSA -PACK Breathing Apparatus N 25005 MSA -PACK Breathing Apparatus N 25006 MSA -PACK Breathing Apparatus N 25007 MSA -PACK Breathing Apparatus N 25164 Dell optiplex 755 computer BJPDTHI N 25203 Dell Optiplex 760 N 25244 20" LCD Monitor/ Nuvico Splitter 20RTH Y 25472 MSA -PACK Breathing Apparatus N 25473 MSA -PACK Breathing Apparatus N 25474 MSA -PACK Breathing Apparatus N 25476 MSA Air Pack N 25477 MSA -PACK Breathing Apparatus N 25478 MSA Air Pack N 25479 MSA -PACK Breathing Apparatus N 25480 MSA -PACK Breathing Apparatus N 25494 Dell PowerEdge 1950 Server CS9BVH1 N 25624 Dell Latitude E6400 613COL1 N 25722 PowerVault TL2000 Tape Drive SPVRJLI Y 26192 MSA CBRN SCBA HP30% Mask, 30min Air PK N 26193 MSA CBRN SCBA HP30', Mask, 30min N 4 List for 102417 Agenda Asset Fleet Description VIN/Serial Working y/n 26257 HP V1910-24G-PoE Network Switch CN16BX3031 Y 26954 Hach Sigma AWRS Sampler 130400470352 N 27639 Range Ball Washer N 126980 3M Book Check Unit N 128060 Study Carrels y 128070 Study Carrels y 128080 Study Carrels y 128090 Study Carrels y 165170 Odor Control Bio Cube -Vero Shores unknown Y 177210 Truck mount radio N 177370 Club Car Carryall II EG9813654414 N 183720 Powerware Prestige Battery Back up System for Phones BQ151C0931 N 191360 MSA -PACK Breathing Apparatus EY010443 N 191370 MSA -PACK Breathing Apparatus ZT036143 N 191380 MSA -PACK Breathing Apparatus EY174082 N 191390 MSA -PACK Breathing Apparatus ZS106048 N 191400 MSA -PACK Breathing Apparatus ZT055019 N 191470 ISCO Sampler 200A00212 N 200430 Dell C810 Laptop N 209850 4" Scum Pump N 210350 Jacobsen Walking Greensmower 622692383 N 210360 Jacobsen Walking Greensmower 622692382 N 21678A MSA -PACK Breathing Apparatus N 21678B MSA -PACK Breathing Apparatus N 22614A Dell Latitude D610 Laptop N 25182A Dell Latitude E5400 Laptop N Dell Optiplex 780 1WWS9P1 N Dell Optiplex 790 CHXZWI N Dell Optiplex 390 FOQB4V1 N Dell Optiplex 360 H97N5J1 N Dell Optiplex 360 1-197135J1 N Dell Optiplex 360 H97Q4J1 N Dell Optiplex 360 H97T4J1 N Dell Optiplex 360 H97WJ51 N Dell Optiplex 360 H97Y4J1 N Dell Optiplex 780 HS58GQ1 N Brother MFC 8480DN Laser Printer 1.162272J9J209015 N Dell Optiplex 360 1SJ134J1 N Dell Optiplex 780 260KFQ1 N Dell Optiplex 360 2TWMMJI-TAG IS MISSING N Dell Optiplex 360 71-1274J1 N Dell Optiplex 360 7H384J1 N Dell Optiplex 360 9TWMMJI N Dell Optiplex 360 H97R4J1 N Dell Optiplex 360 H97X4J1 N Dell Optiplex 360 H97X5J1 N P126 List for 102417 Agenda Asset Fleet Description VIN/Serial Working y/n Dell Optiplex 780 HS39GQ1 N Dell OptiPlex 780 HS6CGQ1 N 13-2016 Dell Multimedia Speaker Systems Model Dell AX210 y 1997 Dolph Map of IRC Y 2 large portable screens with stands Y 2- Smith Corona Typewriters w/ extra ink and ribbons Y 3m (9700) overhead projector (needs new bulb) Y Double sided cork board stand y Durabrand radio/cd player Y GE Digital DVD 3 -disc player Y Living Solutions radio/cd player Y Magnavox tv/dvd combo Y Miscellaneous Paintings Y One for all universal remote Y Prima TV/DVD Combo Y Sharp LCD Projector Mount Y Sony 2 cassette recorder Y Sylvania radio/cd player Y Panasonic KXP1124 Printer N OKI B410d Black & White Printer AL37020326BO Model No. N22110A Y Netgear 24 port switch 1CV164350012F N HP Office Jet 6100 Color Printer N (4) AT&T LG Expression Phones & (1) 5S iPhone 212CYTB029009; 212CYJZ029284; 301CYYQ051002;212CYSF029006; FKITN4CKHFLM Y/N (13) IFS Modems; (2) GDI Telephone Modems; (1) Econolite 56K Dial up Modem; (2) Fastrans Receivers; (1) Back up CDROM N (4) Dell Monitors 1703FPS Y Dell Monitor Stand 1704FP Y (2) Dell Monitors 1704PTt Y HPInk 564XL Y HP Ink 57 TO Color Y HP Ink 66 Black Y Brother Fax FAX -2820 Y Fujitsu Scanner Fi-5110C Y HP Monitor HP L1706 Y Brotherink LC71CL Y Brotherink LC75BKXL Y 7" TFT LCD Monitors MON7TFT Y Cannon Calculator MP210 Y (2) 17" LED Monitor SH17 Y Tl Calculator TI -5660 Y am List for 102417 Agenda Asset Fleet Description VIN/Serial Working y/n Zenith TV 721-454-01040 Y Hach Sigma SD900 Sampler 120100427973 N ISCO 4700 Sampler N Dell Monitor CN -OCC 352-64180-71U-5RYC N Proview Monitor F6RZ53131616U N Dell Monitor CN-OCC352-64180-71U-TWC N Windows Server Dell Power Edge 2800 6L6K971 N HP Pavilion Series Tower 4CE1190BCX N Windows Vision 0042512 32D94-W9WKY-6KVF6-7F7HY-GH2HV N Lenovo Tower ES09960478 N APC Smart UPS 1500 PH -08J423 -18740-52N-5414 N Brother HL -5150D Printer U60965D5J810415 N Pitney Bowes Letter Opener 27133 N Samsung 70000.1 Screen Z2QDHCKB603121H N Toshiba TV/VCR Z2QDHCKB603121H N Zenith TV 721-454-01040 Y P128 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: October 11, 2017 Subject: Miscellaneous Budget Amendment 025 Description and Conditions Consent Agenda 7 L_ 1. On October 3, 2017 the Board of County Commissioners approved funding the IRC Go -Line Transfer Hub residual balance from Secondary Roads/Gas Tax once the grant funding has been received. Exhibit "A" transfers $444,320 from Secondary Roads/Gas.Tax/Cash Forward Oct 1 St to MPO/Planning/Transit Hub Project. 2. Due to a timing discrepancy between fiscal years, a budget amendment is needed to fund the current year portion of the annual Verotown LLC lease agreement. Exhibit "A" appropriates funding in the amount of $31,600 from Dodgertown/Capital Reserve Fund/Cash Forward Oct 1 St 3. The County experienced expenses recovering from Hurricane Irma. Exhibit "A" appropriates funding from the various funds totaling $928,868 from Cash Forward Oct 1 St. The County is working with FEMA on eligible reimbursements for these expenses. P129 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 Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners zo- Joseph E. Flescher, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY P130 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 025 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue MPO/Non-Revenue/Transfer In 124039-381020 $444,320 $0 Secondary Roads/Non-Revenue/Cash Forward Oct 1st 109039 389040 $444,320 $0 Expense MPO/Planning/Transit Hub Project 12420415-066510-10802 $444,320 $0 Secondary Roads/Reserves/Transfer Out 10919981-099210 $444,320 $0 2. Revenue Dodgertown. Reserves/Non-Revenue/Cash Forward Oct 1st 308039-389040 $31,600 $0 Expense Dodgertown Reserves/Maintenance-Buildings 30816275-034610-01002 $15,198 $0 Dodgertown Reserves/Other Machinery & Equipment 30816275-066490-01002 $16,402 $0 3. Revenue lGeneral Fund/Non-Revenue/Cash Forward Oct 1st 001039-389040 $46,848 $0 ITransportation Fund/Non-Revenue/Cash Forward Oct 1st 111039-389040 $107,654 $0 Emergency Services District/Non-Revenue/Cash Forward Oct I st 114039-389040 $36,507 $0 SWDD/Non-Reven ue/Cash Forward Oct 1st 411039-389040 $424,304 $0 Golf Course/Non-Revenue/Cash Forward Oct 1 st 418039-389040 $15,700 $0 Utilities/Non-Revenue/Cash Forward Oct 1st 471039-389040 $297,855 $0 Expense General Fund/Emergency Management/Other Contractual Services/Hurricane Irma 00120825-033490-17026 $2,465 $0 General Fund/Emergency Management/Other Operating Supplies/Hurricane Irma 00120825-035290-17026 $3,798 $0 General Fund/Parks/Other Contractual Services/Hurricane Irma 00121072-033490-17026 $22,000 $0 General Fund/Parks/Other Operating Supplies/Hurricane Irma 00121072-035290-17026 $2,758 $0 General Fund/Facilities Management/Other Contractual Services/Hurricane Irma 00122019-033490-17026 $5,708 $0 General Fund/Facilities Management/Other Operating ISupplies/Hurricane Irma 00122019-035290-17026 $10,119 $0 ITransportation Fund/Road & Bridge/Other Contractual Servioes/Hurricane, Irma 11121441-033490-17026 $43,280 $0 1 of 2 an Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 025 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Transportation Fund/Road & Bridge/Other Operating Supplies/Hurricane Irma 11121441-035290-17026 $50,026 $0 Transportation Fund/Traffic Engineering/Other Contractual Services/Hurricane Irma 11124541-033490-17026 $11,348 $0 Transportation Fund/Traffic Engineering/Other Operating Supplies/Hurricane Irma 11124541-035290-17026 $3,000 $0 Emergency Services District/Fire Rescue/Other Contractual Services/Hurricane Irma 11412022-033490-17026 $19,634 $0 Emergency Services District/Fire Rescue/Other Operating Supplies/Hurricane Irma 11412022-035290-17026 $16,873 $0 SWDD/Landfill/Other Contractual Services/Hurricane Irma 41121734-033490-17026 $393,000 $0 SWDD/Landfill/Other Operating Supplies/Hurricane Irma 41121734-035290-17026 $18,304 $0 SWDD/CC & Recycling/Other Contractual Services/Hurricane Irma 41125534-033490-17026 $13,000 $0 Sandridge/Golf Maintenance/Other Contractual Services/Hurricane Irma 41822172-033490-17026 $12,700 $0 Sandridge/Golf Course/Other Contractual Services/Hurricane Irma 41823672-033490-17026 $3,000 $0 Utilities/WW Treatment/Other Contractual Services/Hurricane Irma 47121836-033490-17026 $5,580 $0 Utilities/WW Treatment/Other Operating Supplies/Hurricane Irma 47121836-035290-17026 $17,359 $0 UtilitiesNVater Production/Other Contractual Services/Hurricane Irma 87121936-033490-17026 $195,788 $0 Utilities/Water Production/Other Operating Supplies/Hurricane Irma 47121936-035290-17026 $13,622 $0 Utilities/Sludge/Other Contractual Services/Hurricane Irma 47125736-033490-17026 $900 $0 Utilities/Sludge/Other Operating Supplies/Hurricane Irma 47125736-035290-17026 $4,349 $0 Utilities/WW Collection/Other Contractual Services/Hurricane Irma 47126836-033490-17026 $49,379 $0 Utilities/WW Collection/Other Operating Supplies/Hurricane Irma 47126836-035290-17026 $8,184 $0 Utilities/Water Distribution/OtherContractual Services/Hurricane Irma 47126936-033490-17026 $1,200 $0 Utilities/Water Distribution/Other Operating Supplies/Hurricane Irma 47126936-035290-17026 $1,494 $0 P132 M INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 16, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommended Approval ofRanking mfFirms and Award mfAnnual Water Tank Maintenance (RFP 2017072) On behalf of the Indian River County Department of Utility Services U Requests for Proposals (RFPs) were solicited for engineering and inspection services for the county's three elevated water towers and seven above ground water storage tanks. The previous bid was awarded to Utility Service Company, Inc. The term of the award is ten years, with periodic maintenance established for the full contract period. RFP RESULTS: Advertising Date: July 29,2D1 RFP Opening Date: August 25, 2017 QenmandS1arBroadcast to: 579 Subscribers RFP Documents Requested by: 21 Firms Replies: 3 Firms A selection committee comprised of John Boyer, P'E, Environmental Engineer, Terry SoutharL Utility Operations Manager, Mike Wyatt, Chief Operator, North County RO Plant, Michael Vernon, Chief Operator, South County R0 Plant and Duke Hawkins, Utility Inspector independently evaluated and scored the received proposals inaccordance with the County Purchasing Manual. These scores were compiled bythe committee and anoverall ranking ofthe submittals developed. After the initial ranking was developed, the committee determined additional information was required to select the most qualified firm, and the top two ranked firms were invited to participate in telephone interviews. P133 The final rnnL-ina P,.tnh1irhPd by the rnmmittpp is: Proposing Firm Location 1. Suez I Utility Service Company Palm Coast 2. Crom Coatings & Restorations Gainesville 3. Razorback, LLC Tarpon Springs FUNDING: The estimated cost of this bid over the ten-year term is $1,841,331; of that $1,645,431 is funded from Water Storage Tank Maintenance Account and $195,900 is from other professional services in the WW Treatment Facility budget. Anticipated costs for the first year of the term are Account Number Account Description FY 17/18 Estimated Cost 47121936-044740 Water Production - Water Storage Tank Maintenance $120,099.00 47121836-033190 Wastewater Treatment — Other Professional Services $5,072.00 Total Estimated for FY 17/18 $125,171.00 RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and award RFP 2017072 to Suez Utility Service Company, Inc. Staff further recommends the Board authorize the Purchasing Manager to issue Purchase Orders to Suez for services under this award as approved by the Budget Department. P134 CONSENT: 10/24/17 A OFFICE OF INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: October 18, 2017 ATTORNEY SUBJECT: Acceptance of Utility Easements — SandCrest PUD — Phase 2 (Located Within the Municipal Boundaries of the City of Sebastian) Property located at the comer of Main Street and Powerline Road within the municipal boundaries of the City of Sebastian was platted in April, 2016 as SandCrest PUD — Phase 1 and consists of a single-family residential subdivision with the utility easements dedicated to Indian River County for both the water and sewer systems. Presently, Tract R within Phase I of SandCrest PUD is being replatted as Phase 2, and additional utility easements are to be dedicated to 1ndian River County, again for the provision of the water and sewer systems. Staff has reviewed the proposed plat of SandCrest PUD — Phase 2 and has provided additional comments that must be addressed prior to the acceptance by Indian River County. The proposed plat of SandCrest PUD — Phase 2 will soon be going before the City of Sebastian Council for plat approval, and to avoid delay of acceptance by Indian River County of the utility easements, the County Attorney's Office is recommending that the Board of County Commissioners accept the dedication of the utility easements on the plat of SandCrest PUD — Phase 2 and authorize the Chairman of the Board to execute Indian River County's acceptance ONLY after the mylar for SandCrest PUD — Phase 2 has been received and reviewed by the County Attorney's Office to ascertain that all comments have been adequately addressed to the satisfaction of the County Attorney or Deputy County Attorney. FUNDING: There is no cost to the Board of County Commissioners with regard to this item. 1 P135 RECOMMENDED ACTION: Staff recommends that the Board of County Commissioners accept the dedication of utility easements depicted on the proposed plat of SandCrest PUD — Phase 2, and authorize the Chairman of the Board of County Commissioners to execute the County'.s acceptance of the utility easements on Sheet I of the, plat of SandCrest PUD — Phase 2 at such time as the mylar becomes available for signature AND only after the mylarhas been received and reviewed by the County Attorney's Office. to ascertain that all comments have been adequately addressed to the satisfaction of the County Attorney or Deputy County Attorney. hihm 2 an- WAI 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: October 13, 2017 SUBJECT: Arcadia Vero Beach, LLC's Request for Final Plat Approval for a Subdivision to be Known as Arcadia Phase 1 [SD -15-11-09 / 2001010025-79428] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 24, 2017. DESCRIPTION & CONDITIONS: The Arcadia Phase 1 subdivision is the first phase of a two-phase conventional subdivision project. Phase 1 consists of 36 single-family lots on 23.62 acres, and is located on the south side of 37th Street, between 58th Avenue and 66th Avenue (see attachment 2). The property is zoned RS -3, Residential Single -Family (up to 3 units/acre), and has an L-1, Low -Density Residential -1 (up to 3 units/acre) land use designation. The density for Arcadia Phase 1 is 1.52 units per acre. On December 10, 2015, the Planning and Zoning Commission granted preliminary plat approval for the Arcadia subdivision. As of this time, the applicant has constructed 81.80% of the required project improvements for Phase 1, and has "bonded -out" for the remaining 18.20% of the required Phase 1 improvements. The applicant has coordinated with staff to provide the following for Phase 1: 1. A final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; 3. A Contract for Construction of remaining required improvements; and 4. A letter of credit in the amount of $351,989.48. The Board is now to consider granting final plat approval for Arcadia Phase 1. P137 ANALYSIS: Some, but not all, of the required project improvements have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "band -out" the remaining 18.20% of required project improvements (drainage, landscaping, roadways, utilities). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The County Attorney's Office anticipates receipt of an acceptable letter of credit in the amount of 125% of the cost of construction for the remaining required improvements prior to the October 20 BCG meeting. The contract for construction and security arrangement, which represent 125% of the estimated cost to construct the remaining required improvements, will be executed by the County Administrator and will be effective upon final plat approval. All improvements within Arcadia Phase 1 will be private, with the exception of certain utilities facilities. Those utilities facilities will be dedicated and guaranteed to Indian River County as required by the Utility Services Department. In addition, a warranty and maintenance agreement will be required for the roads and stormwater improvements, prior to issuance of a Certificate of Completion. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Arcadia Phase 1. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout 4. Contract for Construction of Required Improvements and Letter of Credit (to be provided prior to meeting) P138 b -10-IlTm mAy ?017 Fh-*4AL PLAT (PLTwr) P'LICA-PION RECEIVED COMMUNRY PROJECT NAME (PRINT). Arcadia Subdivision - Phase I DEVELOPMENT NOTE: THUS WILL BE THE FORMAIJOFFTCIAL NAME OF RECORD FOR THIS PRM&�Ql� (SUCH AS "WOODY BIG TREE SUBDIVISION"). CORRESPONDING PRELUVRNARY PLAT PROJECT — r Arcadia Residential Subdivision 0700101062-15 A Arcadia Vero Beach, LLC NAME 5070 N. Highway AIA, Suits C-1 ADDRESS Vero Beach, FL 32963 CITY, STATE, ZIP 772-999-349.4 PHONE NUMBER robert@insitesolutions.biz EMAIL ADDRESS Robert Votaw r Same as agent NANO ADDRESS CITY, STATE, ZIP PHONE NUMBERS) ill-1ff i�f—Ily Ni jul):1. Schulke, Bittle & Stoddard, LLC NAM 1717 Indian River Blvd, Suite 201 ADDRESS Vero Beach, FL 32960 CITY, STATE, ZIP 772-7ZQM22 PHONENUMMER. jbkde@sbsenginsers.com EMAIL ADDRESS Jodah B. Btfile, P.E. 16-4) z 1 4 K14) a PROJECT SURVEYOR.- (PLEASE PRINT) GSS Surveying and Mapping, LLC ADDRESS Vero Beach, FL 32960 CI7Y, STATE, ZIP 321-914-3978 PHONE NUMBERS) info@gssfia.com 054 kyj V I M. i C a .1 ;I� Terry Drum, PSM CONTACT PERSON CONTACT PERSON 1801 271k Street, Vem Beach FL 32960 F.Acammwft n"apncntApPLlcATKWSCwDcv WVHafimffWWFWAp0lkWmAoc Revised Apa 2016 1 of3 Attachment I P139 SITE PARCEL TAX HXPS: 32393200001003000001.0 COUNTY LAND DEVELOPMENT pFylvff (LDP) #. 2001010025-75438 DATE LDP ISSUED: 5/5/2016 RS -3 L-1 ZONING FLUE. 9.35 36 TOTAL (GROSS) ACRES,- 23.62 of TOTAL NUMBER OF LOTS: AREA OF DEVELOPMENT (NET) ACREAGE: 23.62 of 39.35 DENSITY "ITS PER ACRE)- 2.01 "PLEASE COMPLETE SUBMISSION CEWXICLIST** NOTE.- "N/A" should be marked in the "YES" column if "Not Applicable" MATERIAL 1. Fee - $1,400.00 (checks payable to Indian River County) 2. Completed Final Plat Application Form 3. Ten (10) Copies of the, Final Plat (Must be signed and sealed by surveyor) 4. Letter of Authorization (if applicant is not owner) 5. Letter from developer providing timeline for achieving the V 75% completion dxreshold for the overall subdivision improvement 6. ONE OF THE FOLLOWBVG SETS OF REQUIRED IMPROVEMENT DOCUMENTS: CONSTRUCTION COMPLETE - BUILT OUT: (a) Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvements. ff, IMPROVEMENTS ARE DEDICATED TO THE PUBLIC: (b) Original Engineers Certified Cost Estimate for Improvements (signed and sealed)" Failure to provide information on which option is being selected may result in a delay in processing the application. 180127`' Street, Vero Beach FL 32960 FXonmwity DevelopmuMAMLICATIOMCMDOV aW1icRfionsWuWP1&t4P1kd=,&c Revised Apd 2016 2of3 Attachment 1 P140 CONSTRUCTION INCOMPLETE - BOND OUT: (a) 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). _ (b) Statement that improvements are nearing completion and a certificate of completion will be obtain prior to final plat approval 7. Copies of Doeumerus 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. 180127e Street, Vero Beach FL 32960 F:laity Devc1qpwaA\A"L1CATI0N3K5rDev a P1iCatiMWhH LUAlWUMd0Ldeo Rovbed AxH 2016 3 of 3 Attachment 1 P141 Attachment 2 I I � 3239290DD0201>s�0D001:D Q RS -3 RS -3 S-3 RS -3 RS -3 A' 1 RS -3 RS -3 RS [Si -3 Q 37TH • $L16-LAicl24L4=5-� - O 05 109. -f07 108' R (191, -110 111 :112 113 ' TR3 TR 2' 35T H- LN 114 its 00 '99' 99 97 R:1 120 413 118 147 1i6 M ad t'1 36TH:PL 85 86 87- 88 89' ' - 90 Subject Site RS -3 PD PD '' 79 75� 1 93 92 32333Z00D010a7P0D00010 3239320000100=00030 3 1 ez es Rc 1S 6e 65 % 0 0 35TH • Lid 9s 7o 55 5'1 53 7r7 73 72, TF JILT 1 TRAcr a 48 5DI 3239320001.3000000DD0.2 15TH-P1. RS -3 40 39 R CRFAIT 1. 32 31 TRACT 34TH.: LN 20' T � 35 3d• ?,ii 31! 130 29� IM 27 26 -25 24 23. - TR'7 28; 25 26 27 'v N33 6 ',D.5Q 22 RS -3 34 S-3 PD l 23 22 96 20 323133200001007000001.1. `3.QlH i P L 211 97 3239320001.2000Q00000:2 1:9 RACT' 24' 98. RS -3 80119 1T' 1a 19 rr % 7'S 75,. 7e a2 17 Attachment 2 Attachment 3 ARCADIA SUBDIVISION - PHASE 1 PLAT BOOK BEING A REPI.AT OF A PORTION OF TRACT 3, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT OF "INDIAN RIVER FARMS COMPANY", AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE PAGE COUNTY, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. " Illi ,•_ v DOCKET NUMBER 1 1 (BARBER AVENUE) FIIO ' ( SEE YCIIW CORNER NOTE It �-------------- _ tory Bq+' qa� �J8$Op�CL-.-- 37th--- __________ __ 30' PUBUC RIGHT-OF-WAY 7 - --------------"-------�CMITE ACCESS EA M N IRFNW 9JBLAlERAI A -S -E JO ANAL %4 w /`,, 5 89'53'15- W R1�—M_ 7649P.O �4 \\\�"`\ B. TOWNSHER CTION 32, IP32S RANGE J9E 6]4.89A-------=CnCT T L'a IC:F r -C ----------- ' NW CORNER SECTION 32 Mtl 2 IRpN PIPE1 TOWNSHIP 32 SOUTH {N6 CAP) 1 END IN SK 14 sp990T CUIOUT SET CX4' CONCN Im I a I RANGE 39 EAST 3 LOT 113 I 1 (FALLS IN CANAL) SHAD OSS LB BOOS AT NW CORNER TRACT 3. SECTION 32 "'1 C I- TOWNSHIP 32 SOUTH, RANGE 39 EAST - F I I j 8 MONUMENT SIT G5518 8006 AT 2O97A3t 69 GSS PRN LB 8006 HE CORNER OF TRACT 3, E 835360.470 NAD83 1990 FLORIDATEC DEPARTMENT OF ENVIRONMENTAL I p 1 1 2 3 4 5 J q� I' N. OF SEC90N 12, I LERRFlEO CORNER RECORD Id I - V. �- I - LOT 114 m1 iYi _1 �0 1= REMAINDER DF TRACT 3 SECTION 32. TOWNSHIP 32 10' UTILITY AF RANGE 39 EAST, PUT OF ryc 81p+N RIVER ( 70WNSHIP 325, DOCUMENT NUMBER 111016] DOCUMENT RANC{ 39E i G r1 I 6 $Wiif, EASEMENT �___ FARMS LAND CTEV * PER PLAT BOOL 2, PAGE 25. ___-____ ___— • . i i -i i* t """ r1R + K •I+( 1 PUfAIG RECORDSOF ST. (UDE COUNTY (NDP! LYING M UPIITY EASEMENT QIA-IV 3 J ICI NIH, L L I.i I,M1 INDUN RIPER COUNTY) L -�Q _ _L10' UTLl�ttt EASEMENT '<f�E-~` 75 UTILITY (NiVRE ARCADIA - PHASE 2) \ EASEMENT .i.l; ,I`I r A •:f. t.'I:� f GFT:' :[ f-�'1= .':Y ,',.'IC 'T: 711 4'� ___ __- PI? VJ, TEF nF;IU I � 1. >iil < 1 r3 V M 1 J 11 ( ( 7 HARMONY RESERVE P.D. -PHASE to LOT 115 � �IK LOT 116 ( 11 gK2 1 �'} i,, 42 43 44 45 I I PT BOOK 28. PAGES 6-12 ULEGEND I�•i l a l UI I I On �1 C7VjI44j I'3 i Im$ II I FN60•FOUNDNAILANDDISK SNAG= SETNAILANODISK F mIT171J I i ` I 8 MI=INDIAN PAY R FARMS WATER CONTROL DISTRICT 1 ( Y LOT 89 1 1 S MWA R 10' DRAINAGE i T SF. SCJARE FOOT N 1 Nisi 15' STORMWATER ( TRACT ACCESS EASEMENT 1 1 TRACT ACCESS w I EASEMENT 48 I �Q OF DRAINAGE I O' IP)•PLAT (0).OEED {M)'MEASURE BM.6fIE BENCHMARK 1 I • SECTION CORNER NOTE N EASEMENT 73 I c 1 79 EASEMENT I N I - I CB.CHORD BEARING PCP. PERMI.ENT CONTROL POINT 1 1 LOT 90 RESET PK NAR A DISK C55 LB8006 1 _ _ _ _ _ _ -• - - - - 1 9 - _ _ _ _ s I 60.00• WEST OF THE NW CORNER OF -y PC. POINT OF CURVATURE PT. POINFOF TANGENCY ' - U o �t SECTION 32 IN THE C/L OF 66TH AVENUE q / n'iZ`, t.,; = 47 1 4I 1 / 1 I V RNi.RIGHTOF WAY CERTIFIED RECORD CORNER DOCUMENT S NUMBER 10166 7Q / 1 78 a1 J11,1.1AI Ll n / 1 Nr•Ila vLl/_`II 1 1 10 PRM. PERMANENT REFERENCE MONUMENT 41.11 II�E �___ PPLO POINT OF COMMENCEMENT Z n� Y LOT 91 N 1209724.756 (M) 1 1 ( L 8 E10000t499(M) = ( 1 f. M O •6 4-14- CONCRETEWITH L4lt S m ITM_,1 \ j 48 I S N 1209724.610 (P) +i' F,t'1, r• t t / 1 I G55 PRMt BDceENT .D III F" -i E1J0001480 (P) `A�RI_�VN VI 75 -- 77 I I 11 • SET PK NAIL WITH BI DISK OSS PCP LB TIM m S" lOT 92 PERPIAT BOOK IS. PAGE 89 I 1 i6 78 bg I SI G I •SET tR"8iON4ViiH WITH YELLOW CAP a lOT 64 ( i OSSLIA800B A, 2 I xWI C.C.R. • FLORIDA DEPARTMENT OF O 12 ENVIRONMENTAL PROTECTION 58939'49'E MATCH LINE - SHEET 4 50 I I CERTIFIED CORNER RECORD LOT 69 _1_00&16' Y MATCH UNE SHEET 5 10' DRAINAGE --�-- t EASEMENT =, 10. DRAINAGE I I 13 -----I b I .-•?PIr.V•`TCC IrAVA:C`A=117 STATE PLANE P.C.P. CHART ! EASEMENT F, 10' DRAINAGE 51 1 • SYMBOLI NORTHING I EASTING 'A 1209698.586 832093.b10 l0- TO S EgSEMENi 1 aI 1 - 'p '8 1.09t62.101 832694.593 11 1 ( LIQ 1 14 2L`f Mr "C 1209464029 632549.927 53 t o I "O 1208757.927 8 4 B2 q i 52 "0 LOT n s N 54 i 1 t i NAW I /� f 15 LINE TABLE UNE BEARING LENGTH Y Op R.25LENGiN1A 92ji2'49' I AHC IA 84UARE. / / 5�!1�1 S L1 N '53'42' E 65 00' r 6'18' W ..... .00' STRACT 8 5.00' fi.4Y PIAT BOOK 15. FACE JZ L5 N'38'43" W 44.19' OAK CHASE SUBDIVISION. PHASE i U L6 S D -21'57' W 18.48' INDIAN RIVER COUNTY, FLORIDA REMAINDER W TRACT 3 SECTION 32. TOWNSHIP 32 SWIM. RANGE 39 EAST, PUT OF TRE INDIAN INTER LB N 7'2 32" W 50.00' FAITHS LAND COMPANY. PER PLAT BOOK 2, PACE 25. PUBLY RECORDS i S'. LUCE COLNTY NOW L`RG A' w ' ,s. ( li0 5 OO'20'i i' IN ,N,DA,N MYER THOU" •r� ,;LIi.:_i \ , k, 1 L,.:_tf_ 11 .00' BE CONKER, TRACT 3 (FUTURE ARCADIA - PHASE 2) OFFfOAL RECORDS BOOK 2245, PAGE 225 INDIAN RIVER COUNTY, FLORIDA SECTION 32, TOWNSHIP 32S RANGE 39E GRAPHIC SCALE OAK CHASE SUBDINSION, PHASE 1 LOT 30 SET hA CONC MONUMENT PLAT BOOK /5. PAGE 77 INDIAN RIVER COUNTY. FLORIDA _ 5 8559'43' E 90UTN tNE TRACTS X730' GSS PRM 8006 SITE BENCHMARK ELEVATION 20.63 MAW 1988 I'�m 29 SW CORNER, TRACT 3 IN m I 1 - n LOT 36 LOT 35 LOT 34 LOT 33 LOT 32 LOT 31 LOT 30 LOT 29 LOT 28 LOT 27 LOT 26 LOT 25 LOT 24 LOT 23 ,LOT SECRON 72. TOWNSHIP 325, RANGE 79E N 89'59'43' W 1325.6 (TOTAL) HARMONY RESERVE P.D. - PHASE IB PLAT BOOK 28, PAGES 39-45 RTD art WNC MONUMENT PRM X3909 N'D A.4 OONC PAT E SANE 900K ARY 5 IVISION-T,II`t 15, PACE 23 nv ,i P=-+ 4 -t OT 22 h SHEET 3 OF E: 83137].940 tOT 37 INDI N RIVER TR DUNTY, ORIDA T 6 ASW SUffvlYI21A and 8'MBIDAitt4. ,LLC Attachment 3 GSS PCP LB 8000 I9' • W I I al $I 12 1 A�6u )K ® = GSIFT 14?ST LB IRON WITH W YELLOW CAP RM ,Po 1�0pc40S °-19.sy,s I I I N C.C.R. - FLORIDA DEPARTMENT OF _SB9 TI5'E_ �ATCHLINE SHEETT 4 IDD5J6' ICµW_U1D)) _ _ w `_ �D _ _ w N1 N6r6rIrW I.AOV I ENVIRONMENTAL PROTECRON MATCH LINE - SHEET 5 = I- ? _ I CERTIFIED CORNER RECORD Attachment 3 ARCADIA SUBDIVISION — PHASE 1 BEING A REPLAT OF A PORTION OF TRACT 3, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT BOOK PLAT OF "INDIAN RIVER FARMS COMPANY", AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PAGE DOCKET NUMBER (BARBER AVENUE) 37th STREET 3]lM1 SWEET JO' Ripii-OF-WA N: CCREA WALT 1 A.. ]2 _ _ 13N.91' _ _ _ _ _ _ _ _ _ - NM9N u mIInL RUIfF 39 EAST _ — _ — - —895x4 - — -5 NORTH TRACT E UNTED ACCFS6 EAS[MEHi IAFNCO SUBLAIERAL LME J7— fi DOZ N 0953'47' f 65O.OD' (TOTAII -S-E 30' AN. R/W 5fi6� -EB _ I PDQ• LINE TABLE — -------r --- ----- — — - -- lINDSCAPE 5 0006'm�C — — — — - IS:T�.I'WIC MONJNFTi LME BEARING LE ,GIH LLL ' �� L56 PAN O 0906 6953'a W ; •W 5 e9 11 W 9600 S 69 4I W 90. M B9S11I C 5 e9 1 L8 N 89'J9'1 • W 36.11' E $ I$ X( - F Ltl LII N N 5'12" '.I" �. � �CSCIb I - I 2 3 4 5 N 6 NLII x al.00' REN FNDE OF E OF TRACT 3 SECTION 33 TOWNSHIP 3p EW . RANGE 39 EAST, PLAT INDIAN RIVER FARMS LAND CONPANT, PER PLAT BOON 2. PAGE 25. ; e � i $ I b b - _ CURVE LENGTH CURVE TABLE RADIUS DELTA CHORD DIRECTION PUBUC RECORDS OF ST. LUCIE COUNTY (NOW LYING IN INDIAN R R COUNTY) N (FUTURE ARCADIA - PHA i w i Ct ' 90i6'Ir 9' 415}'0' W 690. 0.90' N = —I _ Cl C5 06 :29 I' 1 9_ 1 ] .17. - ]' b ACi B -I 3164 IIDIAL Ir UAItt [AS4ENT �y•-� IS N B95aq — �pJ 3�ARE_ N 6r5T12 _E _ 68_ 50' _RSM' C77 L 1 26' 75 ' 3r 45' b. N .211— 1 - 36: W ]5 1'Ifi' 5 09ST42" w _ J Si 61 O nW J5' UTLIttIEASENENi a HARMONY RESER(£ PD. - PHASE IA C9 a ' 1] 1 ' N 1r ]SSBN (m1N) \ �IF AOT RAT BOON I4 PAGES 6-13 C16 ]9.16' 90� '39" 45.19' N AA'O' W O — — — — Fl S 1647 I — — —i S W SO — — x �OrW A N I 1360.1 C17 J 25.00' 90 S u53,42' W - 1. ISO' 1S0' N� 50' ISO CIA q- IIA CIO S6 W' 5617 24' S . El S3a9]O9' � ", - I •I 7 C22 05.6 5 ] W ' fi l . 9I 42 43 I 44 45 -I C31 1. I I_e I c2a 16>6' 19t W' S61T A• S 3519'09' E 1 Ib ,3 WI I =_ x6ru'KN 1IlW I C25 I6 `M 117,14' t. 17'17' 1 11' 156.00' G5 • CAAN_ I_ K I CIB 3.55 '37'37 3.54 _4.3O_ 'I - R6IY UOIAL) 96 CO' —I i .I S C91YI N Wm e91YQ• E 96Or [ASDOIT x e91T4Y E W.DO x 696.T41' E 90.67' I I I 6 C29 C]I 1 tfl6 ] ' W' H ]6'29' NS'0 " W 330.1I' w I]SW I -1 I X 6911'1 E N100' 1 �+ X 69'44 f 136 I H $' I 1 3 $ I �� x 69'9'Ir W I.uw 3 73 79 A _ li O a Inm' _ —_— e IT — — - 9 I 191 � ?�fI_— — — y^ 99 /lol 29a y I I I x eo'.N'Ir LEGEND / 74I I 47 78 2 I•• 'y W t310W X FN60 v FOUND NAIL AND DISK J YW - b I $ I I SN6D • SETNAILANDDISK IR—O • MID AN 1"11FARMS WATER CONTROL OIS1RICi "Ir N 1 I SF=SQUARE FOOT S LII xmI �euA w 1 '1 1.01TNi I p 10 I NOTE : BUILDING LOT SETBACKS AS FOLLOWS 3500 IFFY EAR - 25.00 FEET (P)=PLAT (0)=DEED (M)=MEASURE SM. BENCHMARK 5 Ir3r A: ] Iz In _ fl _ - SIDE - 15.00 FEET (SETBACKS MUST BE VERR1E0 WT1 CR=CNORDBEARMG PCP= PERMANENT CONTROL POINT 46 J r 6r,@'IrW 1?SW NOIAN RIVER COUNTY ZONING DEPARTMENT PRIOR TO COMMENCEMENT OF CONSTRUCTON.) PC= POINT OF CURVATURE PT -POINT OF TANGENCY I Y,1LI A 77 d RMI =RIGHTOF WAV I 75 �I I PRM=PERMANENT REFERENCE MONUMENT Ir t I 11 POB= POINTOFBEGINNING 9 iI c POC= POINT OF COMMENCEMENT 4 I 76 al ' I I GRAPHIC SCALE C = BET 0114' CONCRETE MONUMENT WRX BRASS DISK GAS PRM LB 0000 49Ia IE-, xe9�'A9'W 1L'OO' O •SETPK NAIL_ R BRASS DSK GSS PCP LB 8000 I9' • W I I al $I 12 1 A�6u )K ® = GSIFT 14?ST LB IRON WITH W YELLOW CAP RM ,Po 1�0pc40S °-19.sy,s I I I N C.C.R. - FLORIDA DEPARTMENT OF _SB9 TI5'E_ �ATCHLINE SHEETT 4 IDD5J6' ICµW_U1D)) _ _ w `_ �D _ _ w N1 N6r6rIrW I.AOV I ENVIRONMENTAL PROTECRON MATCH LINE - SHEET 5 = I- ? _ I CERTIFIED CORNER RECORD Attachment 3 ARCADIA SUBDIVISION - PHASE 1 BEING A REPLAT OF A PORTION OF TRACT 3, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT OF "INDIAN RIVER FARMS COMPANY", AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. R 12 _ IlaI S B]NAT E_ MA— UNE -SHEET a IW535' (CALq_L,11[p) J- SD • �N17 i NAT39A9'• ,$W MATCH UNE SHEET 5 ti b vv InvA NLI IA z , rt L-IZD9• x.n9y M 51 IR e � OELTA-2TA2'4J + I• � � . N BN$'49' • 1$D0 `o a I I b i 49' W I IT rao'a I na,ARAaEs3 1a 5� A I >9 52 IrI b I N M'.fYA9' • i. I$OD K3Tgd • I 54 xA 29z I I 10 S cDalv,W LI L P -25W DELTA -27-22'49" '22.49' I p s —(iTEE 9n1N5— % - 6 N 8AIIR W EN1 93' I ARCADIAAS OAR6 I LINE TABLE LINE BEARING ®�".IESiFR9 �®r?n�sissa��tjcn�.csisr.>a� �� EFYE4Fii�9liI�. Now N!7f•• wllzmmom 6iCiiiFYkYi' ®��offi �9�m i>l� ®�7MMEMMM iY>t ®�f3ii:9iFi[!�9if�9�FfEZ➢lif•FFY31i'.7 ®ERMIF:7MFGMR9ii169�'�1SY;+7i ®�® LOT U I LOT 33 I LOT 32 1 LOT 31 1 LOT 30 I LOT 29 I LOT 28 1 LOT 27 1 LOT M I LOT 25 1 LOT 24 / LOT 2.3 THE SANC0)ARY 9ABDW`S. PLAT BOOL 15. PAM 23 AN RTAR COIMiY. FLORIDA =ACT n NOTE: BUILDING LOT SETBACKS AS FOLLOWS: FRONT = 25. 00 FEET REAR = 25.00 FEET SIDE = 1500 FEET (SETBACKS MUST BE VERIFIED WITH INDIAN RIVER COUNTY ZONING DEPARTMENT PRIOR TO COMMENCEMENT OF CONSTRUCTION) - LEGEND /ffi o.0. CS ii oar .H ,� H 9ff3915 it M4.11 C la.3s• H� cl2 � N BM49' • -2. .S 8 SN&D -SET NAIL AND DISK e j c4 WeTye19•L W _ y 16 _ HAIINIONY BOOK 2B P.O. - 6-12 IA PLAT BOOL 20. PAGES 8-12 REMAINDER OF TRACT 3 SECTION 33. TOWNSHIP 32 SOUTH, RANGE 39 EAST, PLAT OF THE INDIAN RIVER FARMS LAND COMPANY, PER PLAT BOOK 2. PAGE 25, V� V t i (P) • PLAT (D) - DEED (M) • MEASURE BM • SITE BENCHMARK 4B' • 190.!!' b PUBLIC RECORDS OF ST. LUCIE COUNTY (NOW LYING IN INDIAN RIVER CWNTY) Ky1 A PCP • PERMANENT CONTROL POINT PC• POMT OF CURVATURE PT= POINT OF TANGENCY (FUTURE ARCADIA - PHASE 2) e HARMONY RMME M PUT BOON 20. PAGE 6 PRM • PERMANENT REFERENCE MONUMENT POB. POINT OF BEGINNING "AN RIVER COURTT, FLORIDA POC. POINTOFCOMMENCEMENT • SET 4k4 -CONCRETE MONUMENT WITH BRASS DISK GSS PRM LB BODS O • SET PK NAR WITH BRASS DISK GSS PCP LB BOOB ® • SET 117 IRON WRH WRH YELLOW CAP GS , LB BDO9 OFFICIAL, GODS (KOK 224% PAGE 2 5 MOAN RM1 WJNTY, —GA _ ly 3 LOT U I LOT 33 I LOT 32 1 LOT 31 1 LOT 30 I LOT 29 I LOT 28 1 LOT 27 1 LOT M I LOT 25 1 LOT 24 / LOT 2.3 THE SANC0)ARY 9ABDW`S. PLAT BOOL 15. PAM 23 AN RTAR COIMiY. FLORIDA =ACT n NOTE: BUILDING LOT SETBACKS AS FOLLOWS: FRONT = 25. 00 FEET REAR = 25.00 FEET SIDE = 1500 FEET (SETBACKS MUST BE VERIFIED WITH INDIAN RIVER COUNTY ZONING DEPARTMENT PRIOR TO COMMENCEMENT OF CONSTRUCTION) - LEGEND FN3D • FOUND NAIL AND DISK SN&D -SET NAIL AND DISK 111 W 1) • INDIAN RIVER FARMS WATER CONTROL DISITOCT SF•SQUARE FOOT SECOR. 1RACi J 0 LRCM 32, i0'AH519P Jn (P) • PLAT (D) - DEED (M) • MEASURE BM • SITE BENCHMARK I .Tli 4 SIC —T CB • CHORD BEARING G55 RRY 8006 PCP • PERMANENT CONTROL POINT PC• POMT OF CURVATURE PT= POINT OF TANGENCY RAY. RMHTOFWAY HARMONY RMME M PUT BOON 20. PAGE 6 PRM • PERMANENT REFERENCE MONUMENT POB. POINT OF BEGINNING "AN RIVER COURTT, FLORIDA POC. POINTOFCOMMENCEMENT • SET 4k4 -CONCRETE MONUMENT WITH BRASS DISK GSS PRM LB BODS O • SET PK NAR WITH BRASS DISK GSS PCP LB BOOB ® • SET 117 IRON WRH WRH YELLOW CAP GS , LB BDO9 GRAPHIC SCALE C.C.R. • FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFIED CORNER RECORD (wr¢r) Attachment 3 Arcadia Subdivision — Phase I CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. SD -15-11-09 (2001010026-79428) THIS CONTRACT, made and entered into this \6� day of October, 2017 by and between Arcadia Vero Beach, LLC, a Florida limited liability company, owner of the property being platted as Arcadia Subdivision — Phase 1, hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, -Florida; and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such improvements will be installed; and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Arcadia Subdivision — Phase 1; and WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: I Developer agrees to construct on or before October 17, 2018, in a good and workmanlike manner, those improvements described as follows: See Exhibit "A" attached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian River County, Florida upon the final approval of the Board of County Commissioners and made a part hereof for all purposes. aY WILLUT 'T05P_11A1' L Dr4pu U 414 Y ATTOil N Ey ATTACHMENT #4 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an irrevocable letter of credit, having an expiration date of not less than ninety (90) days beyond the date set forth in Paragraph 1, provided by a banking institution authorized to transact such business in this state, in a form to be approved by the County, naming Developer as customer and (V k"A,J 1,1 a as the underwriting bank, in the amount of $351,989.48, which amount isnot less than one hundred twenty-five percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of construction. Developer may at any time substitute guarantees, subject to the approval as to form and amount by the County. 4. Up to $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements, including all those improvements to be constructed on existing publicly dedicated or County -owned property, such as street, sidewalk, bikepath, lighting, signalization, traffic control, drainage, water, or sewer improvements. 5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County's .Subdivision and Platting Ordinance and upon execution hereof. The County shall .accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time as the required improvements are satisfactorily completed. Developer shall remain responsible for utility meter boxes, sewer clean outs, and drainage culvert inverts, to be in good repair, accessible, correctly .plumbed, and not covered with topsoil, concrete or impervious material for the 1 -year maintenance period commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided .by Developer to any subsequent builder/homeowner. P147 Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. Once the required improvements are completed to the satisfaction of County, Developer acknowledges that Developer is responsible for posting a 1 -year warranty for road and drainage improvements as well as utility facilities, if applicable, in the amount of 25% of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to be entered into. The funds posted under this Contract for Construction of Required Improvements will not be released until the applicable 1 -year warranty postings and appropriate warranty agreement and bill(s) of sale are in place. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer, as principal, and the letter of credit (or any County approved substituted guarantees) shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements and warranty to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all ,provisions of this contract and applicable ordinances of the County. In no event, however shall the liability of the underwriting bank (or any County approved substituted guarantees) under this paragraph exceed the total amount of the original obligation stated in the letter of credit (or any County approved substituted guarantees). 7. The parties agree that the County at its option shall have the right, but not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the existing letter of credit (or any County approved substituted guarantees) for the final total cost of the improvements and warranty. Developer shall remain wholly liable for any resulting deficiency, should the letter of credit (or any County approved substituted guarantees) be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer, or the underwriting bank (or any County approved substituted guarantees) to construct and warranty the required improvements. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property, known as proposed Arcadia Subdivision - Phase 1, for purposes of completing the required improvements. If any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be preserved and recited in any document transferring title to Developer's successor and/or assigns. P148 8. Any letter of credit (or any County approved substituted guarantees) provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the .day and year first above written. ARCADIA VERO BEACH, LLC, a Florida limited liability company WITNESSES: print Vame:, t. By DEVELOPER .i U sign print'4name:, INDIAN R1V-9,R COUNTIFCiIRIIDA Al County►AdrrAnistrator Resolution No. 2005-121 COUNTY projected BCC plat approval date: October 17, 2017 P149 Schuike, Eittie & Stoddard, LLC EXHIBIT "A" Certified Cost Estimte For: Arcadia Subdivision Phase I 10/4/2017 ITEM UNIT QUANTITY UNIT PRICE TOTAL % complete IS Value % Remalnin $ Value EARTHWORK & GRADING Manholes 0.6 4` D a Mod. Miemt 3nieF EA 12 S 2857.70 $ 31 862,40 Mobilization L$ 1 0.000.0 S 10.000.00 90,00% 9 OQ0.00 10.00% $1'm.00 Cleatl and Grubbin LS 1 25 004.00 $ 25 440,00 90.00% $ 500.4 40,00% 2 500.00 Erosion Contml LS 1 $ 15000.00 15 000.04 $6.40% $ 71600-00 50.00% 7504.44 Gradino BY 21,600 1.25 $ 27 000,00 $0,00% S 24 300.00 10.00% $2,700.00 Excavation of $tonmater Areas i CY 123,300 1 $ 2,85 1 351408.04 80.04% $ 318 264.54 14.40% $35140.50 12.780-00 10.00°!0 $1 420.00 Subtotal 11 428,406.40 1 68,60%1$ 376,584.60 1 11.40% $48,840.50 STORNt DRAINAGE Manholes 0.6 4` D a Mod. Miemt 3nieF EA 12 S 2857.70 $ 31 862,40 90.04% $ 26 703.16 10.00% $3188.24 4' Dia'unolion manhole EA 4 $ 2 304.54 13 965.84 0-21&16' 90.00% S 6296.34 10.00% 5921.82 Type D Inlet EA 2 $ 2,243.66 0.00% 4 487.30 90.00% S 4,038.67 10.00% $448.73 72" CMP LF 130 $ 305.00 $0.00 39,65-0.00 90.00% $ 35,685-00 i 0.00% E3,985-00 RI a Headwall EA 2 $ 7100.00 $ 14.200W 90.00% $ 12.780-00 10.00°!0 $1 420.00 30 ADS pipe LF 386 $ 57.25 $ 22 213.00 90.00% S 19 991.70 10.00% $2.221,30 30" CAP Pipe LF 193 $ 57.25 $ 11.0492A 90.00% $ 6 9.04.33 10.00% ;1,104.93 16" ADS Pi LF 136 $ 25.86--$ 1.620.00E$7 3,510,68 90.00`Y0 $ 3167.71 10.00% $351.97 18" ADS Pie LF 1220 $ 28.15 $ 35 563.00 90.00% 32 008.70 10.00% $3,556.30 24" ADS Pi LF 519 31.156 35.45 $ 18 398.5 94. 0% S 10 658.7 14.00% 1 839.86 1 $162 000.002 000.00 subtotal $ 190.191.3.0. 90.00% $ 171,172.21_ ___10.00% EA $19019.13 SANITARY SEWER Manholes 0.6 EA 2 $ 2963,09 $ 5 928.18 100.00010 $ 6,026.18- 0.00% $0.00 Manholes 6-8 EA 4 $ 1496.46 13 985.64 100.Q0% $ 13 965.84 0,00% $0.00 Manholes 8.10 EA 2 $ 3,976.00 S 7950.00 140.40% $ 7.950-00 0.00% $0.00 Manholes 10+ EA 4 $ 5,230.10 $ 20 920,40 100.00% $ 20 920.40 0.00% $0.00 ARV Vauit and Assembly EA 1 $ 12 500.00 § 12 500.00 0.00% S 100.00% $ 100.00 0 12 500.00 $12.2, 4" PVC FM LF 360 $ 19.75 $ 7110.00 100.00%$ 7 110.00 0.00% $0.00 4" HDPE Diredonal Bore LP 1 34 $ 100.00 $ 3,400,00 100.00% $ 3 400.00 0.00% $0.00 4"90 Deg Band EA 1 4 $ 374.66 $ 1.498.72 100.00% 1 498.72 0.001YQ $0.40 4" Me alu LS 1 $ 1.620.00E$7 620'00 100.00% $ 1624.40 4.00% $0.00 4" Tapping Sleeve EA 1 $ 3,760.23 750.23 100.00% $ 3.760.23 0.009'o $0.00 8" PyC Pi LF 2420 $ 31.156 632,20 100.0096 $ 75 632.20 0.00% 50.00Lift Station LS 1 $162 000.002 000.00 75.00°h $ 121 500.00 25.OQ% 540 500.00 Sewer Service EA 40 $ 1675.00 $ 63 000.00 00.00% $ 63.;00!00 0.00% $0.00 N and Clean System LF 1 $ 1,500.00 $ 1 500,00 100.00% $ 1 500.00 O.DO% $Q 00 Subtotal IS 384.793.67 86.08% $ 327.?83.57 1 13.92% $53,400.00 lat, .bw Itos�t7 .fr't POTABLE WATER 6" C-900 LF 2380 $ 16,79 $ 39 960.20 100.00% $ 39 960.20 0.00% 0.00 6" X 8" Wet T8 EA 1 $ 3 963.20 $ 3863.20 100.00% $ 3 963.20 0.00°!° $0.00 Fire Hydrants EA 2 $ 4 250.40 $ 800.00 100.00°!° $ 6.500.00 0.00°!0 $4.00 6" GG EA 13 $ 1 710.09 $ 22 231.17 1 oo.00%6 $ 22 231.17 0.00% 4.40 6" 45 Bend EA 8 $ 290.40 2 323.20 100.00% $ 2 323.20 d.b49'o $0.00 6.90 Da Bend EA 1 S 304.21 $ 344.21 100.00% $ 304,21 0.00°!0 $0.00 g' 6" Tee EA 6 S 430.10 S 2.580.60 100.00% $ 21680.60 0.00% $0.00 piu A 2 $ -277.65 55.0 1 -.00% 555,30 0.000/0 $0,00 Water Servioe EA 40 $ 750.00 $ 30 000.00 100.00% $ 30 000.00 0.00% 0.00 Temp Jumper Assembly EA f $ 500.00 $ 2,500 90.00% $ 2 250.00 10.00% $250.04 Sample Points EA 4 $ 850.00 $ 2,600.00, 0.0 100.00% $2,600.001 Fluah& Pressure Test LS 1 5 750.00 $ 750.00 100.00% $ 750.00 0.00% 0.00 BaoT'a LS i $ .. 450.00 450.00 .,.. 0.44°10 $ �,...", c 1 --al 100.0096 a anw. $450.00 tx qnn nn °X! LANDSCAPE Tmct IF Planting Are Silver.Buttonwood/Wax a-6' Wax M rae/East Palatka Holly- 1Z Live 0ek-18' Cabbage Palm 12' Cluster of 3 Green Arbancola EA EA EA EA EA 47 13 15 8 322 $ $ $ S 175.00 250.40 500.00 300AO 23.00 7S $ $ $ 8225.00 3,250.00 7 500.00 1 X0.00 7,406.00 0.00% $ 0.00% $ 0.00% $ 0.00°!0 s 0.00% $ 100.00% 100.00% 100.00% 100.0090 I QO.O $8225.00 $3.250.00 $7 500.00 $1,800.00 $7,406.00 =v ' Planiin Cab a Palm 12' Gloater of 3 EA 5 $ 300.00 $ 1 500.00 0.00% $ 100.00°!o $1,500.00 , act' ' Pla ti Cabby a Palm 12' Cluster of 3 EA 5 $ 300.00 S 1,500.00 GAO% $ 100.00% $1,500.00 Tract" "PlanUArea Cabbage Palm 12 Civater of 3 EA 4 S 300.00 $ 1 1 00k() 0.00°10 $ 100.4096 $1,200.00 Tract'H'PlanlingAM Cabbage Palm 12' Ciusfer Qf 3 EA 4 $ 300.00 $ 1,200,00 0.000/0 $ 100.00% $1.200,00 tract " Pla Cabbage Palm 12' Cluster of 3 EA 5 $ 300A0 $ 1600.00 0.00% Is 100.00° $1,500.00 P150 $horellne Ptenting,Scn duce TOTAL % Complete, $ Value % Remaining $ Value Earthwork and Grading $ 428 405.00 Acer Rubrum -12' EA 30 a 250.00 $ 7 00.00 0.00% a 100.0096 a7 500.00 weet • 12' EA s0 S 250.00 a 1 000.00 0.00% $ 100.00% $15000.00 1 %' As halt SY 6760 $ 13.15 S 66 894.00 90.00% 80 004.60 10,00% SB 889.40 We and Mentina Area SY 379 $ 13.15 $ 4,083.85 0.00% $ 7,500,00 100.00% K983,86 Red Ma IeBald CypreWDehoon Holly EA 54 $ 17500 $ 0,450.00 0.00% S 100.00% 69,4$0,00 . Wetland vegetation EA 8456 a 2,50 a 21J40.00 0,00% S 100,0096 $21.140.00 TM'F'Curb LF 210 $ 14.60 $ 3,046.00 90.00% $ 2,740.50 10.00% $304,60 Irrigatloon L6 1 $ 5,000.0600 .00. 0. 100.00% p,0 Testin ffiS enslBestRoad & Backfill LS 1 Subtotal 93,171,00 0.00%1$ 100,0096 $931711,00 ROAD TOTAL % Complete, $ Value % Remaining $ Value Earthwork and Grading $ 428 405.00 Sub rade SY 8760 $ 3,46 a 23 322,00 90.00% $ 20 989.60 10.00% $2,332.20 S'Cogutne Base SY 6760 10.40 70 304.00 90,00% 63 273.60 10,00% $7,030.40 1 %' As halt SY 6760 $ 13.15 S 66 894.00 90.00% 80 004.60 10,00% SB 889.40 4' Sidewalk SY 379 $ 13.15 $ 4,083.85 0.00% $ 7,500,00 100.00% K983,86 Modified Miami Curb LF .4760 S 11.50 t 54Y40.00 90.00% $ 49 266.00 1000% 45,474,00 T '(Y Curb LF 320 $ 10.00 S 3.200.00 0.00% $ 19,875.00 100.00°% $3,200,00 TM'F'Curb LF 210 $ 14.60 $ 3,046.00 90.00% $ 2,740.50 10.00% $304,60 Signs/Pavement Mark s LS 1 $ 3 800.00 $ 3,800.00 0.00% $ 100.00% $3.800.00 Testin ffiS enslBestRoad & Backfill LS 1 $ %040,00 6,040.00 90.00% $ 036.00 10.00°/0 $504.00 Gates LS 1 $ 7600.00 $ 7,600.00 0.00% $ 100.00% $7,500.00 Sod at EOP LS 1 $ 26176.00 $ 26176.00 90.00% $ 23 558A0 10,90% $Z617,60 Misc Conduit {fights, cable, etc.) LS 1 $ 10,000.00 $ 10 000.00 90.00% $ 9,000.00 10.00% $1 000.40 Subtotal $ 301;004,86'.1 84.17%1 $ 253,368.90 1 15.83%1 $47635,95 OTHER TOTAL % Complete, $ Value % Remaining $ Value Earthwork and Grading $ 428 405.00 Survey Stake -Out LS 1 S 6.600.00 $ 6,500.00 75.00% $ 4,875.00 25.00% $1,S25.00 Survey As -Built LS 1 $ 3 000.00 $ 3,000.00 50.00'Yo $ 1500.00 50.00% $1,800.0D Su - Set PCP and PRM LS 1 S 2,000.00 $ 2,000.00 50:00% S 4=0100 50.00% $1,000.00 Design and 'PermittIng Services LS i $ 15 000.00 S 15 000.00 50.00% $ 7,500,00 60.00% $7,500.00 Engineer Inspections/Certs LS 1 $ t0,000.0p $ 10 000.00 50.00°/0 $ 5 000.00 50,00% $5 000.00 18 825.00 TOTAL $ 1,646i783.64 Subtotal IS 36 500.00 1 64.45*16' $ 19,875.00 45.55% $16,625.00 SUMMARY TOTAL % Complete, $ Value % Remaining $ Value Earthwork and Grading $ 428 405.00 88.60% S 379 564.50 11.40% $ 46 840.50 Storm Drainage $ 190,191.34 90.00% $ 171,172,21 10.00% $ 19,019.13 Sanitary Sewer $ 380 793.57 86.08% $ 327,793.57 13.92% $ 53 000.00 Potable Water $ 116,717.88 97.17% $ 113,417.68 2.83% $ 3,300,00 Landscape $ 93,171.00 0.00% $ - 100.00% $ 93,17100 Road $ 301 004.85 i84.17°/0 S 253 368.90 15.83% $ 47,835,95 Other $ 38 500.00 54.45% S 19 875.00 45.55% S 18 825.00 TOTAL $ 1,646i783.64 81.80%1 $1,265A82.061 10.20%1 $ 281,591.68 " Surety Amount 11261/6 5361988.48 CERTIFIC 'FC FCOSTfSTIMATiy ,I, Jodeh 8.8in A/Piy de regis"tergd engineer, License No. 57396, do hereby certify to Indian River County that a cost estimate has been prepared under my responsible direction kms'. f (Signature) Iti (Datcj"-:' `+ ,Iedlih 8. eine, P.E }uicrtda R i$t!', l Engineer Ucense No. 57396 wm ' �"�� the J//��x^=�r�bank" Member FDIC 446024thAvenue Vero Beach, FL 33967 IRREVOCABLE LETTER OF CREDIT NO. 4O Indian River County Date: October 18.2O17 Board of Commissioners 1801 27th Street Vero Beach, FL 32960 By order of Arcadia Vero Beach. LLC. m Florida limited liability company, OcuHna Bank hereby establishes an Irrevocable Letter of Credit No. 40 in your favor in the amount of $351,989.48 effective as of October 18, 2017, and expiring at our office at the close of business onJanuary 17.2O1S' This Letter ofCredit is provided toyou mmrequired under the Contract for Construction mf Required Improvements between Arcadia Vero Beach. LLG and Indian River County, relating to Arcadia Subdivision - Phase 1which contract hanumbered SD45-11-OB(20O1O1OU28-70428). OuuUna Bank shall make funds available under this credit to you not exceeding in the aggregate the amount of this credit against your sight draft to us mentioning this Letter of Credit No. 40, accompanied by a letter from the County Administrator or his designee, -with approval signatures of the County Attorney or his designee, and the Director of Office of Management and Budget or his designee, stating that Arcadia Vero Beach, LLC has defaulted under the terms of the aforementioned contract for construction of required improvements, and that the amount of the draft represents the amount required by the County to fulfill the performance of said contract for the construction of required improvements. Drafts presented for payment under the credit .shall be marked, "Drawn on Irrevocable Letter of Credit No. 40 of Oculina Bank." This letter of credit sets forth in full the terms of our undertaking. Such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or contract referred to herein or in which this Letter of Credit is referred to or to which this Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or contract. Oculina Bank hereby agrees that your sight draft and letter as mentioned above shall be duly honored and payment made upon due presentation to our office 'located at 4450 24m Avenue, Vero Beach, FL 32967, on or before January 17, 2019. Sin By Chris Anthony Arino, Vice President vvvvvv.oCu|inab3nk.COnl 1-877-962-8546 1-772-563'2212 CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: October 18, 2017 SUBJECT: INTERFUND BORROWING — FISCAL YEAR 2016/2017 FROM: Michael Smykowski Director, Management & Budget At the end of the fiscal year, it occasionally becomes necessary to cover cash deficits in individual funds with interfund borrowing. Staff anticipates the need for interfund borrowing in the fund below: Interfund borrowing is necessary due to the fact that the County is awaiting reimbursement from the State or Federal government for various grant eligible expenditures. Staff is requesting approval from the Board -of Commissioners for interfund borrowing in the fund listed above as well as other funds as necessary. Staff Recommendation Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur. Distribution: Edward Halsey, Internal Auditor, Finance P153 Fiscal Year Fiscal Year Due from Fund Due to Fund 2015/16 2016/17 (Est.) Metropolitan Planning General Fund - 001 $275,000 $175,000 Organization (MPO) - 124 1- 1 Interfund borrowing is necessary due to the fact that the County is awaiting reimbursement from the State or Federal government for various grant eligible expenditures. Staff is requesting approval from the Board -of Commissioners for interfund borrowing in the fund listed above as well as other funds as necessary. Staff Recommendation Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur. Distribution: Edward Halsey, Internal Auditor, Finance P153 INDIAN RIVER COUNTY, FLORIDA / a A ! MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning FROM: Bill Schutt, AICP Senior Economic Development Planner, Long Range Planning DATE: October 9, 2017 RE: Revisions to the County's Local Job Grant Program Award Computation Methodology It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its meeting of October 24, 2017. INTRODUCTION On June 20, 2017, County staff presented to the Economic Development Council (EDC) a proposal to simplify the County's local jobs grant payment computation methodology. At that meeting staff informed the EDC that the business community had expressed concern regarding the overall complexity of the program. After discussion, the EDC voted to table the item (Attachment 3). Overall, the EDC expressed concerns that the proposed alternative payment methodology could result in potential higher payments to companies. On August 15, 2017, the Board of County Commissioners (BCC) discussed the EDC's vote under Commissioner Solari's matters (Attachments 4 and 5). At that time Commissioner Solari expressed concern the current payment computation methodology is too complicated and that the EDC did not vote to move the item forward to the BCC for consideration. The BCC discussed and voted 5- 0 for staff to formally review the item with the BCC, to have staff follow up with private companies that received local jobs grants to get their feedback on the proposed simplified methodology, and to report back to the BCC (Attachment 5). DESCRIPTION AND CONDITIONS As part of the County's initiatives to improve the local economic base, a package of economic development incentives designed to attract targeted businesses to the county and to encourage P154 existing businesses to expand their operations within the county was established in 1996. Included in that package of incentives was a local jobs grant program. That program, which was revised by the Board of County Commissioners (BCC) in October 2000, December 2006, and March 2009, provides a financial incentive to businesses that create new good paying, full-time target industry jobs in Indian River County. To qualify for the County's Local Job Grant Program, a company must be one of the county's targeted industries. Over a three (3) year time period, that company must create and maintain at least five (5) net new jobs that are each paid wages equal to or greater than seventy-five percent (75%) of the county's average annual wage. The County's current average annual wage is $39,390, and seventy-five percent (75%) of the County's current average annual wage is $29,542.50. New wage qualifying jobs must be for people that live in the region (Indian River County, Brevard County, St. Lucie County, and Martin County) and do not include pre-existing employees, owners, and the CEO. With respect to the amount of financial incentive, the County's job grant program provides payments per new position created based on the three (3) tier payment system shown on the following chart: Category Amount per Job 75% to 99.99% of county average wage $3,000 100% to 149.99% of county average wage $5,000 150% or more of the county average wage $7,000 Grant payments are made over a three (3) year time period by phase for up to three (3) phases (potential of nine (9) separate payments) after county staff verifies actual wages paid. The start of each phase date is based upon proposed employee hire dates and proposed phase commencement dates supplied by the company. The current method of verifying a company's employment and determining the amount of job grant payments is complicated, takes a lot of staff time, and makes it hard to explain to companies how staff arrived at a payment amount. Currently, staff tracks each employee individually. With the hiring, firing, promoting, and replacing of individuals that takes place in companies, it is difficult to track from quarter to quarter each company employee or combination of time served by more than one person that makes up a qualifying year long position. Please see Attachment 1 for a detailed explanation of the current methodology. Based on feedback from companies that have used the jobs grant program, staff has found that companies appreciate the real benefits of the program but find the methodology overly complicated. Staff's own experience with the time -intensive current method, together with feedback from companies and the Chamber of Commerce prompted staff to investigate alternative methodologies. As a result, staff has coordinated with the County Administrator, Commissioner O'Bryan (BCC liaison to the EDC), and the Chamber and has developed and tested a simplified K P155 methodology that is consistent with the existing program and yields similar award amounts calculated under the current methodology. ANALYSIS The current methodology of shifting and re -shifting employees and their wages over time can be difficult to track and explain to companies. While County staff makes decisions to ensure that each company is properly awarded for each new job, the current methodology requires staff to make many decisions to "piece together" time served by employees and to track every individual position over time. As a result, staff time involved in administering the program can become extensive. For those reasons, a simpler methodology of verifying the number of new jobs and using average wages is proposed to verify local jobs grant wage compliance and number of full time jobs to calculate local jobs grant payments. The proposed average wage method (detailed in Attachment 2) focuses on identifying the average wage paid to all existing and new employees that live in the Indian River County area (excluding CEOs and owners) and calculating local jobs grant payments based on where a company's overall adjusted average wage falls within the County's existing local jobs grant payment tier categories ($3,000, $5,000, or $7,000). Under the new methodology, the amount of a job grant payment will be based on the number of net new eligible employees for the time phase being tracked and the company -wide average wage level adjusted by excluding wages for the CEOs and owners. All other aspects of the jobs grant program will remain unchanged, including the methodology for calculating and establishing a maximum total payment cap (payment cap dollar amount would remain the same). The proposed average wage methodology has been tested by County staff using employment data from four companies that received local jobs grant payments from the County in the past. As shown in the table on the next page, under the proposed methodology, the total local jobs grant payments could increase between five percent (5%) and eighteen percent (18%), with an average increase of eleven percent (11%). The increase is mainly due to the fact that the new methodology recognizes wages paid for full time jobs that do not run for an entire year. While the computations show a potential increase, in actuality that increased amount would not be paid out in total if the payment cap threshold established at the time of grant approval were reached. The local jobs grant payment cap is based on information supplied on the applicant's application, including the number of proposed jobs and the proposed wages for each of those jobs. The payment cap establishes the upper limit of what the County will pay. Based on the tests conducted, staff recommends using the new methodology for calculation of jobs grant payments. Use of the new methodology will provide for simplifying the payment calculations while providing an economic development incentive consistent with the number of new full time jobs created and non-CEO/owner wages paid. P156 Comparison of Existing Local Jobs Grant Program Payments to Alternative Average Wage Local Jobs Grant Pa ments for four Companies that Received Local Jobs Grants Average Existing Proposed Jobs Grant # of Jobs Grant Payment Amount Using Difference Average Employees Payment Average Wage and in Payment Percent Company Wage Level Amount Average # of Em to ees Amounts* Difference* OcuCue $68,045 10 $54,999.99 $63,333.33 $8,333* 15%* INEOS $75,767 47 $297,000.00 $350,000.00 $531000* 18%* NetBoss $99,781 40 $267,999.98 $281,166.67 $13,167* 5%* Boston 26 Barricade $45,982 1 $126,000.00 $133,333.33 $7,333* 6%* TOTALS NA 123 $745 999.97 $827,833.33 $81,833* 1)%* *The difference would be $0 (0%) for companies that meet or exceed their protected empioyment and wages nsAeu ui their jobs grant agreements. This is due to the payment cap established at time of jobs grant approval. Company Feedback Since the August 15, 2017 BCC meeting, county staff reached out to existing jobs grant companies to obtain feedback on the proposed new methodology. Based on those outreach efforts, the following conclusions were drawn: 1. Current methodology is overly complicated for applicants. a. Tracking individual jobs becomes complicated because of the potential for a high employee turnover rate (especially for new companies). The high employee turnover rate is related to a limited available talent pool in the area/region that can result in hiring people new to a particular industry that are not the right fit and leave on their own or are later terminated. Also, for new start-ups, some new employees may leave after they realize the commitment level involved with a start-up company. b. There are wage changes for employees after a probationary period. Under the current jobs payment methodology, those jobs might not initially qualify for a local jobs grant payment but under the proposed methodology their rising wages could be captured by wage averaging. 2. The proposed jobs grant tracking and payment computation methodology simplifies things for applicants. a. Eliminates need for detailed tracking spreadsheet. b. Easier to understand and follow. c. Less time to review. The county received feedback that the proposed payment computation methodology is much better than the old payment computation methodology. Also, the county received some feedback that was not related to the jobs grant payment computation methodology. That feedback included the need for more help in finding good qualified employees beyond using existing methods such as 4 P157 jobs fairs and having assistance from traditional area/regional job finding assistance agencies. Assistance with recruiting out of area employees and promoting employment opportunities available here in the county was suggested. Also, while the proposed methodology offers some streamlining, it still requires submittal of quarterly wage reports and an employee census (wage reports allow staff to verify wages paid and the employee census allows staff to verify that jobs are going to employee that live in area/region). Thus, the proposed methodology uses the same reliable source for job and wage level verification. Funding For the local jobs grant program, funding comes from County General Fund contingences over` multi-year time periods covered by each local jobs grant award agreement. CONCLUSION Based on the analysis conducted, staff has determined that the proposed modified local jobs grant payment calculation methodology of using average wages paid will: 1. Slightly increase potential local jobs grant payouts to companies by recognizing wages paid for full time jobs lasting less than an entire year. 2. Simplify the payment calculation. 3. Reduce staff time involved in administering the program. 4. Make it easier for a company receiving a jobs grant to understand how staff calculated the payment amount. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the use of the proposed new methodology for calculating jobs grant payments. ATTACHMENT 1. Current Methodology to Verify Compliance with Local Job Grant Wage Requirements 2. Proposed New Methodology 3. Unapproved minutes from the June 20, 2017 EDC Meeting 4. August 9, 2017 BCC Memo from Commissioner Solari 5. Unapproved Minutes from the August 15, 2017 BCC Meeting F:\Community Development\Users\EDplannr\INCENTIVES & FUNDING\]OBS GRANT PROGRAM\PROPOSED NEW METHODOLOGIES - 2016-2017\Agenda Items\BCC agenda item October 17th 2017 - Revisions to jobs grant computation method V2.docx P158 Current Methodology to Verify Compliance with Local Job Grant Wage Requirements The process to verify compliance with local job grant wage requirements involves numerous steps over multiple years. On a quarterly basis, the qualifying company submits quarterly state re- employment tax reports (RT -6 reports) and employee census reports to the County. The quarterly RT -6 reports are reviewed to verify quarterly wages paid to each employee and the employee census is reviewed to verify where each employee lives, what their annual salaries are, and what their hire and termination dates are (as applicable). The combination of the two documents allows for the identification of those area employees that meet all of the local jobs grant eligibility requirements. On a quarterly basis, County staff enters quarterly wages from submitted RT -6 reports for each employee into a tracking spreadsheet. After four (4) quarters of wage data entry (after a phase commencement date), County staff then individually totals the wages paid to each "eligible" employee and compares each employee's annual wage to the required annual wages for the local jobs grant program. County staff then individually calculates each local jobs grant payment owed for each job in the phase, divides that number by three (1/3`d payment for each of three years by job) and totals the amount to determine payment. This process is repeated a total of three (3) times per phase over three (3) years. While the methodology is precise, it can become complicated and confusing over time to administer due to a number of factors. With the current local job grant payment methodology, all employee wages for a company, including wages for pre-existing employees and wages for new employees are entered into a tracking spreadsheet. If the company has a large number of employees, as is often the case, the spreadsheet can be very wide and if printed would necessitate taping multiple sheets together and reading on a wide/long table. When employees are terminated from employment, it is necessary for County staff to identify and select newer employees and their wages to shift from spreadsheet columns where they were being tracked for local jobs grant payments to other spreadsheet columns where wages of pre-existing employees that were terminated are located or where earlier phase employee wages that were terminated are located. This process can result in making certain jobs in later phases ineligible for local jobs grant payments. F:\Community Development\Users\EDplannr\INCENTIVES & FUNDINGVOBS GRANT PROGRAM\PROPOSED NEW METHODOLOGIES - 2016-2017\EDC agenda item - attachment l .docx Attachment 1 P159 Proposed New Average Wage Methodology for Calculating Local Job Grant Payments The proposed average wage method focuses on identifying the average wage paid to all existing and new employees that live in the area (excluding CEO and owners) and making local jobs grant payments based on where that overall company average wage falls within the County's existing local jobs grant payment tier categories ($3,000, $5,000, or $7,000). Under this new methodology, the amount of a job grant payment will be based on the number of net new eligible employees for the phase being tracked and the company -wide average wage level excluding the CEO and owners. Similar to the current local jobs grant payment method, a company will be eligible to receive up to a total of nine (9) separate local jobs grant payments, three (3) separate UP jobs grant payment for each of three (3) separate phases. The process to verify compliance involves multiple steps over several years. On a quarterly basis, the qualifying company will submit quarterly state re-employment tax reports (RT -6 reports) and employee census reports to the County (this is the same information that is required to be submitted under the current local jobs grant program). The quarterly RT -6 reports will be reviewed by county staff to identify the number of employees that do not meet the minimum quarterly wage amount to qualify for the lowest local jobs grant payment tier category. The employee census will be reviewed to verify where each employee lives (must be located in area/region) and to identify pre- existing employees. The combination of the two documents will allow for the identification of those area employees and wages to exclude from the jobs grant payment calculations. On a quarterly basis, County staff will input in a tracking spreadsheet the total wages from the submitted RT -6 reports (taken from last page of RT -6 report), the wages for the CEO, owners, and out of area employees, and the total # of adjusted employees (total employees minus the CEO, owners and out of area employees). Formulas will then be used to calculate the adjusted quarterly wages paid (total wages minus wages for the CEO, owners, and out of area employees). After four (4) quarters of wage data entry (after a phase commencement date), formulas will calculate the average wages paid for the adjusted employees over the four (4) quarters. This average wage number will then be used to identify which local jobs grant payment tier ($3,000, $5,000, $7,000 per job) the company will receive payments for that one (1) year time period. With the local jobs grant payment tier identified, the total eligible jobs the company will receive payments for (excludes pre-existing employees, CEO, owners, out of area employees, and employees earning less than 75% of the area average annual wage) will then be multiplied by the assigned local jobs grant payment tier category amount. That total amount will be divided by three (3). The resulting dollar amount will be the amount that the company will receive as their Pt local jobs grant payment. Under the proposed method, this process will be repeated a total of three (3) times for each phase. FXommunity Development\Users\EDplannr\INCENTIVES & FUNDINGUOBS GRANT PROGRAM\PROPOSED NEW METHODOLOGIES - 2016-2017\EDC agenda item - attachment 2.docx Attachment 2 P160 ECONOMIC DEVELOPMENT COUNCIL A meeting was held of the Indian River County (IRC) Economic Development Council (EDC) on Tuesday, June 20, 2017 at 3:30 p.m. in' Conference Room B1-501 of the County Administration Building B, 1800 27th St., Vero Beach, Florida. Note: You may hear an audio of the meeting and review the agenda and minutes on the IRC website - www. ircgov.com/Boards/EDC/2017. EDC Members Present Peter Robinson, Local Developer Penny Chandler, IRC Chamber of Commerce Beth Mitchell, Sebastian River Area Chamber of Sara Savage, City of Fellsmere Laura Moss, City of Vero Beach (COVB) Andrea Coy, City of Sebastian Bob Auwaerter, Town of Indian River S Brian Bauer, CareerSource Researc t Jim Funk, Manufacturing Appointe William Penney, Banking Appointe Karl Zimmermann, Member -At -Large Casey Lunceford, IRSC Laura Zorc, School Boar an River Linda Schlitt-Gonzalez, Me; arge Joe Idlette III, Gifford Comm Commissioner Pelet D. O'Bry ism . on - EDC M Thomas Bud` wn of hid John Dyer, Loc I , dust Ke&tqTouris 6ry 1 rus Stradley, merce Helene Ca •ne, IR amber of Commerce Bruce Redus, t IRC Chamber of Commerce Noah Powers, anager, Town of Orchid Commission Liaison IRC Staff Bill Schutt, Senior Economic Development Planner Sasan Rohani, Chief, Long -Range Planning Tina Cournoyer, Commissioner Assistant, Recording Secretary Call to Order Chairman Robinson called the meeting to order at 3:32 p.m. EDC/Unapproved June 20, 2017 P161 ?``: ?` F W'in�rica' of April 13. 2017 �)fi tilt'1710N PV Mr. ;'i �l� erl����P�r�, SECONDED BY Ms. tris rnernbers voted u�nal0mously ('15-0) to ° 7 f d, a r..+��imar ..lt Effect o� i Economic Development in PL --by Ms. -'r of L_concnw; Develonment arr OUticed that Visit FAL �•ras fully funders` at $76 million, Enterprise ,-+16 n -zillion. of ✓V;IIG`1 $6 m0lion A as for internatiC?nai activities. s:!:e said, tre LcgislatUre approved Governor Scotts request for $85 million -by Mr. Bill Schutt, Senior Economic Develop -4n Ian Mr. Schutt had previously distrit _ the informatio Mafia email and used tibinPowerPoint slides during the meeting to a the proposal to chr _ the way the IRC Local Jobs Grant Program Awards are coA ef his pres tion is on file in the Commission Office.=_ _ Mr. Schutt reviewed the cess aWethodology used to calculate h payments. He said the business _ ha __ laine"t they had a difficult time understanding the calc_ a n of the a ds a gall fef . was too complex. The IRC :-� Community Develo _-:: __=_=Ortmen d _ i ip Wway of calculating those payments using `mages; ftSChutt d it ay of examples of existing payment recipients. e _ xplain - the new odology was based on average company wage and average nu%fir of__j.r�_�"______J__o�yees quarter, and it would give credit to the company 0 lied fo - r ml phi -- a proposed average methodology was simple se thfal payrltly, because the current system did not pay f _:: rtially-fille ition`===at it wou=Dever exceed the Commission -approved maxima vel of pavm?La Mr. SB Ift-concludeft provifng the Staff recommendation: that the Economic Development ftc-I recom I dthat the Board of County Commissioners approve the use of the proposes m�= _ ology for calculating jobs grant payments. Several membeiessed concerns. The discussion can be heard on the audio recording of the meeting.Although there were many benefits given, primarily the ease of which the grant applicant would understand the calculation process, the EDC members' overall did not agree there was enough benefit to equal the additional payout that would accompany the new methodology. The consensus was to table this item indefinitely and that the EDC could review further if an alternative methodology would prevent paying out additional funds. ON MOTION BY Ms. Chandler, SECONDED BY Ms. Mitchell, the members voted 15-0 to disapprove the proposed Local Jobs Grant Program Award Computation Attachment 3 Methodology, and to table the item. EDC/Unapproved June 20, 2017 P162 Further conversation suggested perhaps the lever of compensation, which were set in 2000, should be reevaluated to see if it is -out of date. Proposed Development Review Changes—by Chairman Peter Robinson Mr. Robinson announced Proposed Development Review Changes was discussed at the Board of County Commissioners (BCC) meeting this -morning, June 20, 2017. The back-up from that meeting was provided to the EDC members and is on file in the Commission office The IRC Community Development department presented proposed changes to the development review process to the BCC. Commissioner O'Bryan added there were three proposed change items discussed (landscaping, temporary suspensions of certificate of occupancy, and proposed fee structure), but the fee structure was the prominent issue. He said the BCC voted to resurrect the PSAC (Professional Services Advisory Committee,' 1.vith an automatic I year sunset. Commissioner O'Bryan said also mentioned were the need bD generate more revenue for the building department without fees excessively, as well as attempt to incorporate innovation and updates whfle keeping in mind the lack of affordable housing in our area, Mar EDC. matters None presented. Adjournment There being no further business, the meeting was adjourned at 4:27 p.m. Next meeting date-, July 18, 2017 at 3:30 p.m. EDC/Unapproved K June 20, 2017 a BCC AGENDA August 15, 2017 ITEM 114.13 (1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 9, 2017 SUBJECT: Revision to County's Local Job Grant Program FROM: Commissioner Bob Solari During a chat I was told that a company that had used our jobs grant program in the past was not going to use it for an upcoming expansion because of its complexity. After hearing that comment I made further inquiries and heard that our staff was already working on revisions to the County's local job grant program award computation methodology. After listening to the discussion that took place at the 6-20-17 Economic Development Council meeting, where the item was tabled, I could not understand why the staffs proposal did not go forward. The County has what I consider to be a good, long term, economic development program, which I have no desire to expand, but I do believe that given ours is a limited program, and given the jobs grant program is a major piece of it, I believe that we should have each element functioning and not sidelined by unnecessary bureaucratic procedures. I would like to see if the BCC would like to have staff present us with a presentation geared to improving the jobs grant program while reducing just a very wee bit of bureaucracy. Thank you. Attachment 4 P164 Board of County Commissioners Meeting Minutes - Draft August 15, 2017 14.D.1. 17-0879 Revision to County's Local Job Grant Program Recommended Action: Discussion Attachments: Commissioner's Memorandum Commissioner Solari suggested modifications be made to the Local Job Grant Program award computation methodology, as been criticized as being too complex. He acknowledged that he was ointed that this item was tabled at an Economic Development Council on June 20, 2017. He would like for staff to review the Local Job Grant n report back at a future meeting. Economic Development Seni ner Bill SXa ent with a large binder and multi -page spreadshee onstrate thme and paperwork involved in processing one any's grant a Commissioner Adams and Vice complex procesE eded. A motion was made b mmi Solari, dire&tg&ffhjj review th cal Jo Pro T ied by th ' Jlowi Aye: Whairman'scher, , and Indian River County Florida were in anent that a less by Chairman Flescher, to return to a future meeting. Adams, Commissioner Attachment 5 Page 1 P165 Indian River County Board of County Commissioners October 24, 2017 Proposed Revisions to the County's Local Job Grant Program Award Computation Methodology Development and Review Histo • Business community expressed concern over the overall complexity of the Local Jobs Grant Program. Staff worked on developing an alternative simplified payment computation methodology. • Economic Development Council (EDC) reviewed the proposal and voted to table the item. Concerned that it could result in higher payments. • BCC discussed EDC vote under Commissioner Solari's matters. BCC voted to have staff formally review with the BCC after obtaining additional feedback from private companies. • Staff scheduled methodology presentation when the full BCC would be present Local Jobs Grant Program • Financial incentives for "Targeted Industries" to locate or expand within Indian River County — Policy 2.5 Payout Amount Per Job Qualification Category Current Wage Range $35000 75% of county average wage $29,542 to $39,389 $500 100% of county average wage $39,390 to $59,084 $700 150% of county average wage >/= $59,085 • Paid out in installments over 3 years, after new job in place ("pay for performance") • Up to 3 Phases (3 separate 3 year time periods tracked) Current Payment Computation Methodologv • Complicated • Hard to Explain to Companies How Payment Is Determined • Takes A Lot of Staff Time • Each Employee is Individually Tracked for Multiple Years • Payment amount is computed individually for each job • Hiring, Firing, Promoting, and Replacing Staff Requires Shifting and Re -shifting Employees and Their Wages in County's Tracking Spreadsheets Proposed "Average Wage" Payment Computation Methodolo • Identifying Average Wage Paid to All Employees Living in IRC Area (Excluding CEOs and Owners) • Average Wage Paid for Company Used to Determine the Local Jobs Grant Per Job Payment Category ($3,000, $5,000, or $7,000) • No Change: Paid After Performance (New Jobs in Place) • No Change — Paid Out in Installments Over 3 years by Phase • No Change — Computation of Maximum Payout Cap • No Change — Up to 3 Phases (3 separate 3 year time periods) • No Change — Number of Qualified Jobs for Company to be Eligible to Receive Funds • Payment • (Average Number of Qualifying Employees for Phase X Grant Payment Category)/3 = 1 /3rd Payment for Phase Example a.) 10 Employees for Phase I X $7,000 Payment Category = $70,000 b.) $70,000/3 = $23,333.33 (1/3rd Payment over 3 Years for a Phase) Comparison of Actual and Potential Total Payment to Jobs Grant Compan Company Maximum Payment Under Payment Under Proposed Payment Existing Methodology Cap by BCC Methodology NetBoss $363,000 $2671,999.98 $281,166.67 (Based on actual Technologies total eligible employees) 4.91% Difference • Maximum Payment Cap of $363,000 Not Reached: • 55 Potential Eligible Jobs Listed on Application 39 Eligible Jobs Provided • Proposed Methodology Payment Greater: • $7,000 Payment Per Job (Average Non -CEO Wage: • Recognizes Wages Paid for Full -Time Jobs That Do 90 598NYear). Not Run for an Entire Year Comparison of Existing Payments to Alternative Average Wage Payments for 4 Companies that Received local Jobs Grants - D 11 L BROW 0 $68,045 10 $54,999.99 $63,333.33* $8.333 $131,000 15/ $75,767 47 $297,000.00* $350,000.00** $53,000 18 $297,000 $99,781 40 $267,999.98 $281,166.67* $13,167 $363,000 _ :0 5% i 0 0 � $45,982 26 $126,000.00* $133,333.33** $7,333 $126,000 6% e NA 123 $745,999.97 $827,833.33 $81'833 NA o 11% *Pavments that would have been made under proposed methodolo 7'7) **Payments will be limited to cap Feedback from Existing Applicant • Current methodology is overly complicated • High employee turnover rate with new companies —tracking individual employees and specific job -slots becomes overly complicated • Employee mix evolves with new companies (or new division) • Wage changes after a probationary period — some jobs might not initially qualify but then wages improve part way through the year • Proposed methodolo( is simplified (less complicated • Eliminates need for detailed tracking spreadsheet • Easier to understand and follow. • Less time to review. • Still accurately accounts for number of new jobs and reflects actual non-CEO/owner wages • Upon approval, new methodology can be used on existing as well as future grants Conclusion Proposed modified methodology of using average wages paid will: 1. Slightly increase potential local jobs grant payouts to companies by recognizing wages paid for full time jobs lasting less than an entire year (however, total job grant cap set by BCC will not be exceeded). 2. Simplify the payment calculation. 3. Reduce staff time involved in administering the program. 4. Make it easier for a company receiving a jobs grant to understand and anticipate the payment amount. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the use of the proposed new methodology for calculating jobs grant payments. W IRC Average Annual Wage 2015 (Effective January 1, 2017) $39,390 IRC Local Jobs Grant Program: Minimum Wage Requirements for Each Incentive Level Incentive Level (Grant Amount Per Job) Wage Threshold $3,000 $29,542.50 75% of Average Annual Wage $5,000 $39,390 100% of Average Annual Wage $7,000 $59,085.00 150% of Average Annual Wage Note: A 10% bonus is provided to company's that locate in the City of Vero Beach/Indian River County Enterprise Area. US eri 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: October 16, 2017 RE: Consideration to Approve a Grant Agreement with the Florida Communities Trust for Cost -Share Reimbursement of County Purchase of the Sebastian Harbor Preserve Conservation Area It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of October 24, 2017. DESCRIPTION AND CONDITIONS The Sebastian Harbor Preserve is a county -owned conservation area located north of Englar Drive in the City of Sebastian (see attached map). The County acquired the 163 -acre property in June 2007 with environmental land acquisition bond funds, with expectation of opportunity to apply for cost -share reimbursement through the Florida Communities Trust (FCT) grant program within a required 24 month application window following the acquisition date. Indian River County submitted the project for cost -share reimbursement funding in the FCT's 2008 grant application cycle, but the project was not selected for funding. County staff then prepared an application to re -submit to the FCT for the 2009 grant application cycle, still within the 24 month period, but that funding cycle was cancelled due to the economic recession, as was the subsequent 2010 grant application cycle. In 2011, the County petitioned the FCT for a waiver to the 24 month post -acquisition deadline to allow for a 2011 FCT grant application, and the FCT granted the waiver. The FCT opened the 2011 grant application cycle to establish a list of ranked projects that would be funded (in ranked order) if and when the program received future funding for disbursement. In the 2011 FCT grant application cycle, the Sebastian Harbor Preserve project ended up ranked 18 out of 57 applications. In May of this year, county staff was contacted by FCT and advised that $1,167,405.82 in FCT Florida Forever funds is now available for reimbursement to the County for the Sebastian Harbor Preserve 2011 grant application. For the County to receive the funds, the County is required to execute a formal grant agreement, attached hereto for the Board's approval consideration. P166 ANALYSIS When the Sebastian Harbor Preserve property was acquired in 2007, land values were at their peak prior to the economic down turn. The property was acquired at a price of $13.7 million ($84,220 per acre), which was 91% of the approved appraised value at that time. In the County's 2011 grant application, the County applied for $5 million in FCT cost -share funds (36% of acquisition costs), which was the maximum amount allowed under an FCT grant cycle. Although the +$1.167 million that is now available for FCT cost -share reimbursement is substantially less than the amount originally requested, it is still a considerable amount of funding that can be put to use toward site improvements at Sebastian Harbor Preserve and towards conservation lands management in general. In applying for the FCT grant in 2011, the County committed to providing certain public access improvements to garner points for project ranking and funding. Those improvements, which are identified in the proposed grant agreement, include: • Construction of at least two recreational facilities (e.g., picnic pavilion and wildlife observation platform) • Installation of trails (at least 1/2 mile in length) • Construction of stormwater improvement facilities (doubling as a wildlife pond) • Installation of a permanent recognition sign (acknowledging the FCT grant funding) • Interconnection of trails and parking with the Sebastian Stormwater Park (to the south) • Installation of Interpretative kiosks/signs Under the proposed 2017 grant agreement, the County has until November 30, 2018 to submit a complete project plan, including an approved management plan (i.e., formalization of the conceptual site plan submitted with the 2011 grant application). In addition to the management plan, FCT staff has advised that an appraisal review and an updated Phase 1 environmental site assessment (ESA) will also be required. Although the management plan can be drafted by staff in-house, the appraisal review and ESA will need to be contracted, at a combined cost estimate of $15,000 to $20,000. FUNDING Funding for the appraisal review and ESA ($15,000 to $20,000 in expenditure prior to receipt of the grant reimbursement) is proposed to come from environmental land acquisition bond proceeds (Account #14514639-033190, "other professional services"). The FCT reimbursement, once received, is proposed to be earmarked for improvement costs at Sebastian Harbor Preserve and in general for conservation lands improvements and management funding. RECOMMENDATION Staff recommends that the Board of County Commissioners approved the Sebastian Harbor Preserve grant agreement, and authorize the Board Chairman to execute the agreement on behalf of the County. ATTACHMENTS 1. Sebastian Harbor Preserve location maps and conceptual site plan. 2. County grant information form. 3. 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Feet Sebastian Harbor Preservi- •' � •, '{ «���- a i'` • - - - �- s� • . ',� "dei .ra i 260 520 1,I.1 1,560 2,080 _ . . GRANT NAME: Sebastian Harbor Preserve FCT Grant AMOUNT OF GRANT: $1,167,405.82 GRANT # 11-050-FFI I DEPARTMENT RECEIVING GRANT: Community Development / Environmental Planning CONTACT PERSON: Roland M. DeBlois, AICP TELEPHONE: 226-1258 1. How long is the grant for? One year (until 11/30/2018) 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? Starting Date: 10/24/2017 Yes X No X Yes No Yes X No 4. Percentage of match to grant 91.5 % 5. Grant match amount required � 13.7 million (previously Expended) 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Previously expended environmental land acquisition bond funds 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs: (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) X Yes No Yes X No Acct. Description Position Position Position ' Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? 5100 non (nrihlic arcecs im rn nven,ents) Signature of Preparer: _R � Date: p I 1 P171 Grant Amount Other Match Costs Not Covered Match Total First Year $1,167,405.82 $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: _R � Date: p I 1 P171 DEP AGREEMENT NUMBER: S0958 FCT PROJECT NUMBER: 11-050-FF11 PROJECT NAME: SEBASTIAN HARBOR PRESERVE CSFA NUMBER: 37.078 GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a non -regulatory agency and instrumentality within the State of Florida, Department of Environmental Protection ("Department"), and INDIAN RIVER COUNTY, a Florida local government ("Recipient"). THIS AGREEMENT IS ENTERED INTO PURSUANT TO THE FOLLOWING: WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds ("Project Site"), that are necessary to ensure compliance with all Florida law, federal income tax law, and provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes ("F.S."); WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a non - regulatory agency within the Department, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, the Florida Forever Revenue Bonds ("Bonds") are issued as tax-exempt bonds, meaning the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule 62-818, Florida Administrative Code ("F.A.C.") sets forth the procedures for the evaluation and selection of lands proposed for acquisition and Rule 62=819, F.A.C. sets forth the acquisition procedures; WHEREAS, on August 25, 2011, the FCT Governing Board scored, ranked and selected projects to receive approval for funding; WHEREAS, the Recipient's Project ("Project"), described in an application submitted for evaluation, was selected for funding in accordance with Rule 62-818, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application; WHEREAS, Rule 62-818.009, F.A.C. authorizes FCT to impose conditions on those FCT applicants whose projects are selected for funding; and DEP Agreement No. S0958, Page 1 of 24 FCT Project No. 11-050-FFI 1 Pre -Acquired Project Site P172 WHEREAS, the purpose of this Agreement is to set forth the condition(s) that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds, and the restrictions imposed and site management compliance required governing the Project Site subsequent to its acquisition with the Bond proceeds. NOW THEREFORE, FCT and Recipient mutually agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon the date of execution and shall end November 30, 2018 ("Expiration Date"), unless extended as set forth below or unless +terminated earlier in accordance with the provisions contained herein. 2. FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that significant progress is made toward the Project Plan for approval or that extenuating circumstances beyond the Recipient's control warrants an extension of time. Recipient must make a written request for an extension, fully explaining the reason(s) for the delay and why the extension is necessary, and shall provide the written request to FCT in accordance with provisions contained herein. A written request for an extension must be submitted prior to the Expiration Date. FCT may, in its sole discretion, consent to an extension of this Agreement, and the decision whether to consent to such extension and the length of such extension, if any, shall depend upon an analysis of various factors, including specifically but not limited to: the needs and goals of FCT; the ability and willingness of Recipient to perform under the terms of this Agreement; the good standing of the Recipient (including any entity related to or affiliated with Recipient); the Recipient's past record of performance, including submission of required reports, and any audits (as applicable); and other factors relevant to FCT mandates. FCT, in its sole discretion, reserves the right not to extend this Agreement beyond the initial term. If the Recipient does not request a written extension, or if a requested written extension is not granted by FCT, the Recipient's Award shall be rescinded and this Agreement shall terminate with notification pursuant to terms and conditions contained herein. II. MODIFICATION OF AGREEMENT Either Party may request modification(s) of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the Parties hereto. Such amendments shall be incorporated into this Agreement. III. DEADLINES 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 3900 Commonwealth Boulevard MS #115, Tallahassee, FL 32399, as soon as possible and no later than November 3, 2017. If the Recipient requires more DEP Agreement No. 50958, Page 2 of 24 FCT Project No. 11-050-FF11 Pre -Acquired Project Site P173 than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. The Recipient and/or its representatives shall know and adhere to all Project deadlines and devise a method of monitoring the Project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the Project, shall be strictly enforced. Recipient's failure to adhere to or timely monitor the Project deadlines may result in FCT's allocation of time and/or resources to other grant recipients. Recipient's failure to comply with Project deadlines is cause for termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Costs may be reimbursed in an expeditious manner. 4. Upon FCT's request, the Recipient shall provide a status report of its progress towards reimbursement of the Project Costs. 5. The Recipient shall provide the appraisal(s) required by Rule 62-819.007, F.A.C. to FCT for review by a date not to exceed ninety (90) days after the execution of this Agreement. The appraisals shall be reviewed and, upon approval, the maximum reimbursement amount,,as provided in Rules 62-818 and 62-819, F.A.C., shall be determined. 6. The Recipient shall develop the Project Site in accordance with the FCT Grant Award conditions and open the developed Project Site to the public within 3 years from the date of final disbursement of the FCT Award. IV. FUNDING PROVISIONS I . The FCT Florida Forever Award granted to the Recipient ("FCT Award") will in no event exceed the balance of the legislative appropriation in the Florida Forever Trust Fund for 2011 (account: 348104-FY11) for the Florida Communities Trust Parks and Open Space Program as of the execution date (currently One Million One Hundred Sixty -Seven Thousand Four Hundred Five dollars and Eighty -Two Cents ($1,167,405.82), unless FCT approves a different amount, which shall be reflected in an addendum to this Agreement, if applicable. The Recipient shall be reimbursed as outlined herein, up to the maximum amount identified herein, for eligible costs as defined in Rule 62-818.002(33), F.A.C., and identified in the Project Plan referenced herein. The FCT Award is based on the Recipient's estimate of final Project Costs in its application, as well as the Limitation of Award provided in Rule 62-818.003(7), F.A.C. and advertised in the Notice of Application. When disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 62-818.002(33), F.A.C. FCT shall DBP Agreement No. 50958, Page 3 of 24 FCT Project No. 11-050-FFI I Pre -Acquired Project Site P174 participate in the land cost at either the actual purchase price or the maximum reimbursement amount, whichever is less, multiplied by the percent stated herein. 2. The FCT Governing Board selected the Recipient's Application for funding in order to acquire the entire Project Site identified in the Application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Site is reduced or the Project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 62-818.014, F.A.C. If the Project Site is comprised of multiple parcels and multiple owners, an Acquisition Plan, as defined in Rule 62-818.002(2), F.A.C., was required in the application. FCT reserves the right to withdraw or adjust the FCT Award if the priority parcel(s) or a significant portion of the Project Site identified in the Acquisition Plan cannot be acquired. 3. The FCT Award shall be delivered either in the form of Project Costs prepaid by FCT to vendors or in the form of a State of Florida warrant at the closing of the Project Site, payable to the Seller or the Seller's designated agent authorized by law to receive such payment, provided the State of Florida Chief Financial Officer determines that such disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State of Florida. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of the FCT Award that corresponds to the parcel being acquired and closed. FCT shall prepare a grant reconciliation statement prior to the closing of the Project Site parcel that evidences the amount of Match provided by the Recipient, as applicable and if any is required, and the amount of the FCT Award. Funds expended by FCT for Project Costs shall be recognized as part of the FCT Award on the grant reconciliation statement. 4. If a Match is required, it shall be delivered in an approved form as provided in Rule 62-818.002(25), F.A.C. If the value of land is the source of the Match as defined in Rule 62- 818.002(25), F.A.C., the maximum reimbursement amount shall determine the value of the Match. If the Project Site is comprised of multiple parcels, the Recipient shall deliver at the closing of each parcel the share of the Match that corresponds to the parcel being closed. Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant reconciliation statement. 5. By executing this Agreement, the Recipient affirms that it is ready, willing and able to provide a Match, as applicable and if any is required. 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipient subsequent to the FCT Governing Board selection meeting results in a governmentally derived higher Project Site land value due to an "enhanced highest and best use," FCT acquisition activities shall be terminated unless the Seller agrees that the appraisal(s) will be based on the "highest and best use" of the Project Site on or before the FCT Governing Board selection meeting. DEP Agreement No. 50958, Page 4 of 24 FCT Project No. 1 I -050-FF I 1 Pre -Acquired Project Site P175 7. FCT's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and approval by the Florida Legislature or designated agency, and is subject to any modification in accordance with Chapter 216, F.S. or the Florida Constitution. 8. The accounting systems for all Recipients must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Recipients are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Recipient's, or subrecipient's, accounting system cannot comply with this requirement, the Recipient, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. If FCT finds that these funds have been commingled, FCT shall have the right to demand a refund, either in whole or in part, of the funds provided to the Recipient under this Agreement for non-compliance with the material terms of this Agreement. The Recipient, upon such written notification from FCT shall refund, and shall forthwith pay to FCT, the amount of money demanded. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from FCT by the Recipient to the date repayment is made by the Recipient to FCT. In the event that the Recipient recovers costs, incurred under this Agreement and reimbursed by FCT, from another source(s), the Recipient shall reimburse FCT for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Recipient to the date repayment is made to FCT by the Recipient. V. NOTICE AND CONTACT 1. All notices and written communication between the Parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient to: Florida Communities Trust 3900 Commonwealth Boulevard, MS#115 Tallahassee, FL 32399 2. All contact and correspondence from FCT to the Recipient shall be through the key contact as required by Rules 62-818 and 62-819, F.A.C. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the Project: DEP Agreement No. 50958, Page 5 of 24 FCT Project No. 11-050-FFI I Pre -Acquired Project Site am Name: Roland M. DeBlois Organization: Indian River County Environmental Planning & Code Enforcement Section Title: Chief Address: 180127th Street, Bldg. A, Vero Beach, FL 32960-3388 rdeblois@ircgov.com Telephone: (772) 226-1258 E-mail: rdeblois@ircgov.com 3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph, as Recipient's agent, to execute all documents in connection with this Project on behalf of the Recipient, including, but not limited to, this Agreement or any addenda thereto, purchase agreement(s) for the property, grant reconciliation statement, closing documents, statements submitted as a part of the Project Plan and Declaration of Restrictive Covenants. Name: Joseph E. Flescher or Successor Organization: Indian River County Board of County Commissioners Title: Chair Address: 1801 27th Street, Vero Beach, FL 32960-3388 Telephone: (772) 226-1919 E-mail: iflescher@ircgov.com 4. In the event that different representatives or addresses are designated for NOTICE AND CONTACT, specified herein, after execution of this Agreement, notice of the changes shall be rendered to FCT as provided in NOTICE AND CONTACT, paragraph 1. above. 5. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number(s) is 59-6000674. VI. PROJECT PLAN APPROVAL; REIMBURSEMENT REQUIREMENTS 1. Prior to the final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Project Plan that complies with Rule 62-819.011, F.A.C. The Project Plan shall not be considered by FCT unless it is organized with a table of contents and includes all of the following documents to ensure that the interest of the State of Florida will be protected: a. Documents associated with acquisition of the parcel(s): (1) A copy of the Purchase Agreement(s) for sale and purchase of the parcel(s) between the Recipient and Lincoln Land Development, LLC. DEP Agreement No. S0958, Page 6 of 24 FCT Project No. 11-050-FF11 Pre -Acquired Project Site P177 (2) A copy of closing statements from Buyer(s) and Seller(s) for the purchase of the parcel(s). (3) A copy of the recorded deed(s) evidencing conveyance of title to the parcel(s) to the Recipient. (4) A copy of the appraisals of the parcel(s) required by Rule 62- 819.007 F.A.C. issued in furtherance of the Recipient's acquisition of the parcel(s). (5) A copy of the Certified Survey(s) of the parcel(s) that meets the requirements of Rule 62-819, F.A.C., which was certified in furtherance of the Recipient's acquisition of the parcel(s), and is dated within ninety (90) days of the date of acquisition of the parcel(s) by the Recipient. (6) A copy of any title insurance commitments and policies, including any endorsements, issued in furtherance of the Recipient's acquisition of the parcel(s) evidencing marketable title in Recipient to the parcel(s) and, as applicable, effective the date of acquisition of the parcel(s) by the Recipient, including a statement from the title insurer as to the minimum promulgated rate, if premium was paid by Recipient, and all documents referenced in the title insurance commitment or policy. (7) A copy of environmental site assessments (ESA) of the parcel(s) certified to the Recipient, which meets the standards and requirements of American . Society for Testing and Materials ("ASTM") Practice E 1527, and with a date of certification within 90 days of the date of acquisition of the parcel(s) by the Recipient, together with the statement required by Rule 62-819.012(4), F.A.C. b. Documents associated with Grant Award Disbursement: (1) Issuance of an updated title insurance commitment evidencing the current title to the parcel(s). The commitment should include all documents referenced in the commitment. The Recipient shall also provide an updated title commitment evidencing the title of the parcel at the time of Grant Award Disbursement. Issuance of an updated certified survey and updated policy or endorsement issued to the Recipient, the Trust or the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("Trustees"), individually or as co -insureds, may be required based on information disclosed in the updated commitments. DEP Agreement No. S0958, Page 7 of 24 FCT Project No. 11-050-FF11 Pre -Acquired Project Site P178 (2) Issuance of an ESA of the parcel(s) certified to the Recipient, FCT, and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, which meets the standards and requirements of Rule 62-819.012, F.A.C. and the ASTM Practice E 1527, and with a date of certification within 90 days of Grant Award Disbursement, together with the statement required by Rule 62- 819.012(4), F.A.C. If the Phase 1 ESA reports evidence of recognized environmental conditions, then a Phase II ESA performed to address any concerns raised in the Phase I ESA and to confirm the presence of contaminants on site. Phase II ESAs shall meet the standards and requirements of ASTM E1903-11. In the event an adverse ESA is reported on a site, FCT shall assess the risk to the State. Because the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida will have an executory interest in the Project Site, FCT shall have the right to refuse to deliver funds for closing/disbursement if FCT determines the hazardous materials contamination presents a liability to the State that outweighs the benefits to be derived from the acquisition of the Project Site. If it is determined by FCT that a delay in, or termination of the Acquisition is necessary, the Trust shall immediately notify the Recipient, and this Agreement shall be amended accordingly. C. A letter from FCT indicating approval of the Management Plan written in accordance with Rule 62-818.011, F.A.C., and as described in Article VII below. d. A statement of the Project Costs. e. A statement of the amount of the award being requested from FCT. f. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. g. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. h. A signed statement by the Recipient that all activities under this Agreement comply will all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. Additional documentation as may be requested by FCT to provide Reasonable Assurance, as set forth in paragraph VIIA. below. DEP Agreement No. S0958, Page 8 of 24 FCT Project No. 11-050-FF11 Pre -Acquired Project Site P179 Upon approval of the Project Plan, a completed copy of the FCT Project Reconciliation Statement, Attachment A, shall be submitted to the FCT Grant Manager. The completed FCT Project Reconciliation Statement shall reference the DEP Agreement Number for this Grant Agreement. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 380.510(3), F.S. Such approval is deemed given when FCT approves and executes the purchase agreement for acquisition of the Project Site, further described herein. 3. All real property shall be obtained through a Voluntarily -Negotiated Transaction, as defined in Rule 62-818.002(46), F.A. C. The use of or threat of condemnation is not considered a Voluntarily -Negotiated Transaction. 4. All invoices for approved Project Costs, with proof of payment, shall be submitted to FCT Grant Manager and be in a detail sufficient for a proper preaudit and postaudit thereof. 5. Rule 62-818.002(33), F.A.C. states that reasonable real estate fees or commissions that do not exceed $10,000.00 are eligible Project Costs. In an effort to maximize the Florida Forever funds for land acquisition, FCT will conservatively review each request for real estate fees or commissions with close scrutiny to determine if the fee or commission is reasonable. FCT will not reimburse the portion of real estate fees or commissions that are determined by FCT to be unreasonable. Recipient will be financially responsible for the portion of the real estate fee or commission not reimbursed by FCT. 6. The Recipient may, and is strongly encouraged to, request a courtesy review of its Project Plan prior to its submission for approval. 7. Reimbursement for Project Costs shall not occur until after FCT approval of the Project Plan. VII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to approval of the Project Plan and final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Management Plan that complies with Rule 62- 818.011, F.A.C. and addresses the criteria and conditions set forth in Articles VII, VIII, IX, X, and XI herein. 2. The Management Plan outlines how the Project Site will be managed to further the purpose(s) of the Project and outlines terms and conditions of this Agreement. The Management Plan shall include at a minimum the following: a. An introduction containing the Project name, location and other background information relevant to Project Site management. DEP Agreement No. S0958, Page 9 of 24 FCT Project No. 11-050-FF11 Pre -Acquired Project Site P180 b. The stated purpose for acquiring the Project Site as proposed in the Application and a prioritized list of management objectives. C. The identification of known natural resources including natural communities, listed plant and animal species, soil types, and surface and groundwater characteristics. . d. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. e. A detailed description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used. f. A scaled site plan drawing showing the Project Site boundary, :existing and proposed physical improvements and any natural resource restoration or enhancement areas. g. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. h. A description of proposed educational displays and programs to be offered, if applicable. i. A description of how the management will be coordinated with other agencies and public lands, if applicable. A schedule for implementing the development and management activities of the Management Plan. k. Cost estimates and funding sources to implement the Management Plan. Coordination plan to allow for safe, open access to the public except for designated construction zones, Project Site enhancements, design, remodeling and/or upgrades. Recipient is responsible to maintain sections of the Project Site open and accessible to the public which are safe and not under construction and/or within the construction zone, enhancements, design, remodeling, and/or upgrades in the portions or sections of the Project Site. 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the Project and the identification of the source of funding for management. DEP Agreement No. 50958, Page 10 of 24 FCT Project No. 11 -050 -FF] 1 Pre -Acquired Project Site �� Additionally, the managing entity must comply with the approved Management Plan and Recipient is ultimately responsible to oversee compliance of the Management Plan, the fulfillment of all Management Plan terms and liable for violations thereof. In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part 111, F.S., the Recipient(s) shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 62-818.002(36), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one Local Government, FCT may require the Recipient to do one, or more, of the following: post a performance or other bond in an amount sufficient to ensure that the Project Site. shall be reasonably and professionally managed in perpetuity; establish an endowment or other fund in an amount sufficient to ensure performance; provide a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Recipient is unable to, and may require the Local Government to be a named, co-signer on the Declaration of Restrictive Covenants; or provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. As required by Rule 62-818.013, F.A.C., each year after FCT reimbursement of Project Costs, the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. DEP Agreement No. S0958, Page 11 of 24 FCT Project No. 11 -05 O -FF I I Pre -Acquired Project Site WM VIII. SPECIAL MANAGEMENT CONDITIONS Based on the Management Plan, points awarded in scoring the application, and observations made by FCT staff during the site visit described in Rule 62-818.009, F.A.C., the Recipient is required to provide the following: a. At least two recreational facilities such as a picnic pavilion and a wildlife observation platform. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources on the Project Site without causing harm to those resources. b. The Recipient shall provide a functional land-based walking, nature, bike, equestrian or multi -use trail of at least 1/2 mile on the Project Site. Park benches shall be provided along the trail. C. A permanent recognition sign, at a minimum size of 3' x 4', shall be maintained at the entrance area of the Project Site. The sign shall acknowledge the year the Project Site was acquired and that the Project Site was purchased with funds from the Florida Communities Trust Program and the Recipient. d. The future land use designation of the Project Site shall be changed to conservation, outdoor recreation, open space, or another similar category. e. The location and design of recreational amenities, roads, and parking facilities shall have minimal impacts on natural resources and shalt incorporate impervious materials wherever feasible. Site development shall be planned to minimize alteration of natural resources and habitat fragmentation, and to place facilities and site improvements on previously disturbed areas to the greatest extent possible. f. The Recipient shall provide a safe pedestrian sidewalk connection between the project site and the sidewalk network in the adjacent neighborhood. g. Interpretive kiosks shall be provided on the Project Site to educate visitors about the natural environment and/or unique cultural history of the area. h. A baseline survey of natural communities, and plant and animal species shall be conducted on the Project Site. The survey shall be used in the design and location of development activities to avoid and minimize impacts to native vegetation and natural communities. The survey DEP Agreement No. 50958, Page 12 of 24 FCT Project No. 11-050-FFI 1 Pre -Acquired Project Site P183 shall be used to develop land management plans to preserve and appropriately manage the natural communities that occur on the Project Site to ensure the long-term viability of these communities. Periodic surveys shall be conducted of the Project Site to assess and guide management. The timing and extent of the surveys shall be identified in the Management Plan. i. The Project Site shall be managed in a manner that protects and enhances the listed and non -listed native wildlife species and their habitat. j. The Project Site shall be managed in a manner that protects and enhances the listed and non -listed native wildlife species and their habitat, including the Locally Significant and Strategic Habitat Conservation areas found onsite. k. A prescribed burn plan including fire lines, shall be developed in coordination with the Florida Forest Service and/or the Florida Fish and Wildlife Conservation Commission to maintain natural fire - dependent vegetative communities found onsite. Fire lines shall be developed between the adjacent development and the Project Site. 1. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the Project Site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The Management Plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the Project Site. in. A feral animal removal program shall be developed and implemented for the Project Site. n. The quality of surface waters shall be improved by the installation of stormwater facilities on the Project Site that provide wildlife habitat and/or open space in a park -like setting with shallow slopes and no fencing. Stormwater management improvements shall be coordinated with the St. Johns River Water Management District and FCT. o. The Project Site shall be connected to and managed as part of a local, regional or statewide land-based recreational trail system. P. Management of the Project Site shall be coordinated with management of the adjacent publicly -owned Sebastian Stormwater Park. DEP Agreement No. S0958, Page 13 of 24 FCT Project No. 11 -050 -FF 1 I Pre -Acquired Project Site P184 q. The Project Site shall be protected and managed as part of an ecological corridor that includes Sebastian Stormwater Park and Sebastian Scrub Conservation Area. IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, F.S. 1. Each parcel in the Project Site to which the Recipient acquires title shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380.510, F.S.; Section 11(e), Article VII of the Florida Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds. The Declaration of Restrictive Covenants shall contain clauses providing for the conveyance of title to the Project Site, as applicable, to the Trustees, or a nonprofit environmental organization or government entity, upon failure to comply with any of the covenants and restrictions, as further described herein. 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of the reimbursement of the Project Site and shall be recorded by the Recipient in the county(s) in which the Project Site is located. 3. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The Recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities cannot be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to FCT pursuant to conditions stated herein, which includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government or nonprofit environmental organization who agrees to accept title. FCT may, but is not required to, negotiate a management agreement with the local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental DEP Agreement No. 50958, Page 14 of 24 FCT Project No. 11-050-FF11 Pre -Acquired Project Site P185 Protection or a Water Management District, who agrees to manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4), F.S. X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 2. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government or nonprofit environmental organization. FCT will also attempt to negotiate a management agreement with the local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District who agrees to manage the Project Site. 3. Following the reimbursement of the Project Site, the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the Project Site's acquisition. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. The Project Site shall permanently contain one sign, logo provided by FCT, recognizing FCT's role in the acquisition of the Project Site. The sign shall be displayed at the Project Site within ninety (90) days of the final disbursement of the FCT Award. A photograph of the sign installed at the Project Site shall be provided to FCT within the same ninety (90) day timeframe. XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, F.S. to impose conditions for funding on the Recipient in order to ensure that the Project complies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed on a temporary basis with FCT written approval up to a certain extent DEP Agreement No. S0958, Page 15 of 24 FCT Project No. 11-050-FF11 Pre -Acquired Project Site P186 based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non-governmental person or organization; or b. the operation of any concession on the Project Site by a non-governmental person or organization; or C. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization; or d. any use of the Project Site by a non-governmental person other than in such person'_s capacity as a member of the general public; or e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; or f. a management contract for the Project Site with a non-governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient; or h. any and all activities that violate the Federal Private Activity regulations of the Internal Revenue Service. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph VA., at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide to FCT such information as FCT reasonably requests in order to evaluate for approval or denial the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON DEP Agreement No. 5095$, Page 16 of 24 FCT Project No. l 1-050-FF11 Pre -Acquired Project Site P187 GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. XII. RECORDKEEPING; AUDIT REQUIREMENTS I. The Recipient shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States Generally Accepted Accounting Principles (U.S. G.A.A.P.) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event any work is subcontracted, the Recipient shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. a. The Recipient understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Recipient will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. b. In addition to the requirements of the preceding paragraph, the Recipient shall comply with the applicable provisions contained in Attachment B, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment B summarizes the funding sources supporting the Agreement for purposes of assisting the Recipient in complying with the requirements of Attachment B. A revised copy of Exhibit 1 must be provided to the Recipient for each amendment which authorizes a funding increase or decrease. If the Recipient fails to receive a revised copy of Exhibit 1, the Recipient shall notify the key contact with FCT to request a copy of the updated information. The Recipient is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Recipient shall consider the type of financial assistance (federal and/or state) identified in Attachment B, Exhibit 1 when making its determination. For federal financial assistance, the Recipient shall utilize the guidance provided under 2 CFR § 200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Recipient shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: DEP Agreement No. S0958, Page 17 of 24 FCT Project No. 11 -050 -FF 11 Pre -Acquired Project Site P188 https:Happs.fldfs.com/fsaa The Recipient should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. XIII. DEFAULT; REMEDIES; TERMINATION 1. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature or the Office of the State Chief Financial Officer, or if any of the events below occur ("Events of Default"), all obligations on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default: a. If any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; or b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; or C. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information; or d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement; or e. If the Recipient fails to comply with Project deadlines in a timely fashion set forth in the approved Management Plan; or f. If the Recipient fails to keep access of the Project Site open to the public. 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or DEP Agreement No. S0958, Page 18 of 24 FCT Project No. 11-050-FF11 Pre -Acquired Project Site P189 consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective upon the date of the letter. Notification shall be given pursuant to Section V.; or b. Commence an appropriate legal or equitable action to enforce performance of this Agreement; or C. Withhold or suspend payment of all or any part of the FCT Award; or d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; or e. Exercise any other rights or remedies which may be otherwise available under law, including, but not limited to, those described in paragraph IX.3. 3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: Events of Default; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F.S., as amended. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), F.S. until a Purchase Agreement is execute ' d by the Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agreement is executed, then as provided for in Sections 125.355(1)(a) and 166.045(1)(a), F.S. 4. FCT may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice. 5. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the Project. A request for termination shall be provided to FCT in a manner described in paragraph V.1. DEP Agreement No. 50958, Page 19 of 24 FCT Project No. 11-050-FFI I Pre -Acquired Project Site P190 XIV. PUBLIC.RECORDS ACCESS: A. Recipient shall comply with Florida Public Records Law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Subsection 119.011(12), F.S. Recipient shall keep and maintain public records required by the Department to perform the services under this Agreement. B. This Agreement may be unilaterally canceled by the Department for refusal by the Recipient to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Recipient in conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Article 1, Section 24(a), Florida Constitution. C. If Recipient meets the definition of "Contractor" found in Paragraph 119.0701(1)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: i. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Recipient of the request, and the Recipient must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Recipient fails to provide the public records to the Department within a reasonable time, the Recipient may be subject to penalties under Section 119. 10, F.S. ii. Upon request from the Department's custodian of public records, Recipient shall provide the Department 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, F.S., or as otherwise provided by law. iii. Recipient shall identify and ensure that all 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 Agreement term and following completion of the Agreement if the Recipient does not transfer the records to the Department. iv. Upon completion of the Agreement, Recipient shall transfer, at no cost to Department, all public records in possession of Recipient or keep and maintain public records required by the Department to perform the services under this Agreement. If the Recipient transfers all public records to the Department upon completion of the Agreement, the Recipient shall destroy DEP Agreement No. S0958, Page 20 of 24 FCT Project No. 11 -05 O -FF I I Pre -Acquired Project Site P191 L any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Recipient keeps and maintains public records upon completion of the Agreement, the Recipient shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is accessible by and compatible with the information technology systems of the Department. D. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245-2118, by email at ombudsman�la dep.state.f].us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 XV. LEGAL AUTHORIZATION 1. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. XVI. STANDARD CONDITIONS I . This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to FCT under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. DEP Agreement No. S0958, Page 21 of 24 FCT Project No. 11 -050 -FF 11 Pre -Acquired Project Site P192 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4. A person or affiliate who has 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 lease 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 Category Two for a period of thirty- six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. In accordance with Section 216.347, F.S., the Recipient is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, F. S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 6. The employment of unauthorized aliens by any recipient is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Recipient knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Recipient shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement.. 7. The Recipient shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Recipient acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Recipient further agrees to include this provision in all subcontracts issued as a result of this Contract. 8. The Recipient shall save and hold harmless and indemnify the State of Florida and the Department against any and all liability, claims, judgments or costs of whatsoever kind and nature for injury to, or death of any person or persons and for the loss of damage to any property resulting from the use, service, operation or performance of work under the terms of this Agreement, resulting from the negligent acts of the Recipient, his subcontractor, or any of the employees, agents or representatives of the Recipient or subcontractor to the extent allowed by law. 9. To the extent required by law, the Recipient will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all DEP Agreement No. 50958, Page 22 of 24 FCT Project No. 11-050-FF11 Pre -Acquired Project Site of its employees connected with the work of this Project and, in case any work is subcontracted, the Recipient shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Recipient. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Recipient shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. a. Recipient's chief financial officer ("CFO") must provide self-insurance documentation to FCT prior to execution of this agreement and upon any subsequent changes relating to the terms or insurance carrier. 10. The Recipient, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 11. This Agreement may be executed in'two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the Party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof. 12. This Agreement embodies the entire agreement between the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the Parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. DEP Agreement No. 50958, Page 23 of 24 FCT Project No. 11-050-FF11 Pre -Acquired Project Site P194 IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement. RECIPIENT: INDIAN RIVER COUNTY FLORIDA COMMUNITIES TRUST, a Florida local government STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Print Name: Title: Date: Secretary or designee Print Name: Title: Date: Approved as to Form and Legality: Approved as to Form and Legality: Print Name: Date: By: Print Name: Date: List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A FCT Project Reconciliation Statement (2 pages) Attachment B Special Audit Requirements (5 Pages) DEP Agreement No. S0958, Page 24 of 24 FCT Project No. 11-050-FF11 Pre -Acquired Project Site P195 ATTACHMENT A FCT PROJECT RECONCILIATION STATEMENT GRANT AWARD CALCULATION TOTAL PROJECT COSTS Land Purchase Price Total Land Purchase Price Acquisition Expenses Survey Title Insurance Appraisal Review Appraisals Environmental Audit Total Acquisition Expenses Total Project Costs COMPUTATION OF GRANT AWARD AND LOCAL MATCH AMOUNT FCT Award Computation Share of Purchase Price $ Share of Acquisition Expenses Total Share of Project Costs $ - Recipient Local Match Amount Share of Purchase Price $ - Share of Acquisition Expenses Total Share of Proiect Costs - Total Project Costs (3) COMPUTATION OF PREPAIDS, REIMBURSEMENTS, AND ADDITIONAL COSTS FLORIDA COMMUNITIES TRUST FCT Prepaid Project Costs Appraisal Review $ - Total Prepaid Costs - DEP Agreement No. S0958 Attachment A, Page 1 of 2 P196 FCT Amount Due at Closing Share of Total Project Costs Less Total Prepaid Costs Total Amount Due From FCT Recipient Prepaid Costs Land Purchase Price Survey Title Insurance Appraisals Environmental Site Assessment Total Prepaid Costs Recipient Amount Due Share of Total Project Costs Less Prepaids Total Amount Due to County Recipient Additional Costs $ Record Grant Award Agreement $ - (4) Total Additional Costs - Notes (1) Pursuant to memorandum from to dated, the maximum reimbursement amount is $_. The Recipient acquired the property on_, at a purchase price of $ . The FCT Reimbursement is based on the maximum reimbursement amount, which may be less, than the purchase price paid by Recipient. (2) Amount.includes costs for title insurance, title examination, title search and closing fees. (3) Pursuant to the terms of the Grant Agreement, the amount of the grant shall not exceed the lesser of $ or % of the total project cost. (4) Disbursed to Clerk of the Court, County, at time of reimbursement from FCT. The foregoing reconciliation of Recipients' costs is hereby approved by the undersigned. RECIPIENT By: Its: Date: FLORIDA COMMUNITIES TRUST STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION M Its: Date: DEP Agreement No. 50958 Attachment A, Page 2 of 2 0 ATTACHMENT B SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department 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 Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at htta://12.46.245.173/efda/cfda.html. DEP 55-215 (06/14) DEP Agreement No. S0958, Attachment B, Page 1 of 5 P198 PART IL STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 2I5.97(2)(m), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, 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. 2. In connection with the audit requirements addressed in Part Il, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 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 $500,000 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 non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:Happs.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at htto://www.lea.state.fl.us/Welcome/index.cfm, State of Florida's website at httn://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at htti)://www.staie.fl.us/audizen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (06/14) DEP Agreement No. S0958, Attachment B, Page 2 of 5 •• J A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSineleAuditQa dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census_Lv/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSineleAudit@dep.state.fl.us DEP 55-215 (06/14) DEP Agreement No. 50958, Attachment B, Page 3 of 5 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSing]eAuditkden.state.fl.us Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (06/14) DEP Agreement No. S0958, Attachment B, Page 4 of 5 P201 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci lent Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category 3710 Florida Forever Trust Fund 2011 37.078 Florida Communities Trust (Florida Forever Funded Grant Program) $1,167,405.82 084112 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Funding Amount State Appropriation Category 3710 Florida Forever Trust Fund 2011 37.078 Florida Communities Trust (Florida Forever Funded Grant Program) $1,167,405.82 084112 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category 3710 Florida Forever Trust Fund 2011 37.078 Florida Communities Trust (Florida Forever Funded Grant Program) $1,167,405.82 084112 Total Award 1 $1,167,405.82 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.htmll and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP 55-215 (06/14) DEP Agreement No. S0958, Attachment B, Page 5 of 5 N O N Consideration of Florida Communities Trust Cost -Share Grant for Sebastian Harbor Preserve Board of County Commissioners October 24, 2017 Indian River County Conservation Lands Program Fli jtJjj k O )KrEC H 0 r C O,UNTY M zn NO 3 - 3 M-11 L ' �—'"��; �' � w � � �ir�l.%4!.'.7 t �s �! �•. ,+f,s{ y. (/\/-�^ f a � � t:'." is Cil- wi- Sebastian Harbor Preserve e r" r YF! '. y y �,,,,• ,_ - i t YOc�ii�l:" �j. i r u, itis. Mll A,!_ g s yy} r �������� b -_ ,f • .'i� '�:rl'"F�i��� . �6r�:tS1r'i Sebastian Stormwater Park ,� `Z'3 �� �,,•i,• -y` t• • a R .r wrLLLUCf'tiGt��1''t•,� '�in'•. j,,', ..y'E� K ,jL�i' ��')•, f.? a A��p« ell .. �.,��r�`0� ! 'Q1S:,��. ����.{?cry ,tr ; •� :��.. .;%`�` e(�61���'1�LCFf ; ._�'.s �i'�,�C . ya�1• r \ � � ,7� �J, �•� ,1 � • J 1 ,rte+ :�T.�SI•[� ���.,,-,'R.�" •"Y .'!Y \� .r S�' 1, 's •� � t4,- 't' f . _. ,lYy4}� `r, �� rr`�� ��4r+~ii�,�:c��•r �A•-�,�nJy, Y �"� ,r �, ��^Y�r �__��. ��1. .�� ��„�< ` •,� -; Sebastian Scrub C.A. �Eye • •. a.•�{. �°•# �a!�u 6 �4!,r'a�*� G''1�`' :'� ! • i� w �./�n r -� �. �' 4'"' ..s� �,S L� 't4 ���� �qi a.,,,���ttY•��• � #r ,r_� �,lyv r r��c t.r���',��i gyp � M� � '�;�,����,,��•G,-.. '���t t ", °� �s�� � •.O-�".,,hwb�i �["'�_w�''1-:�� . �_r;?:n]'�l'�i�f`= '�"�` �! l�. "�..c: � i�i Feet Sebastian Harbor Preserve 0 435 870 1,740 2,610 3.480 Adjacent Public Lands N r� f Sebastian Harbor Preserve • 163 -acre property acquired in June 2007 with environmental land acquisition bond funds. Florida Communities Trust (FCT) cost -share grant funds applied for in 2008, 2009 and 2011. . FCT funding became unavailable due to economic recession; 2011 application ranked (18 out of 57) for future funding once available. • May 2017: FCT advises that $1,167,405.82 now available for cost -share reimbursement. 7) N O N Sebastian Harbor Preserve • Public access improvement commitments under the proposed grant: • At least two recreational facilities (e.g., picnic pavilion, observation platform) • At least '/z mile of trails • Stormwater improvements (wildlife pond) • Interconnection of trails and parking with Sebastian Stormwater Park • Installation of educational kiosk/signs • Improvements to be completed within 3 years of grant disbursement. Stormwater treatment wildlife pond I-Wlil Sw,* QL 46 Eagle nest observation deck 404 V -V T", �o T, 4 x &FPI A 17- Ttv. t4Pri Is, X Picnic Pavilion Trailhea rmwater Park entrance / shared parkin., Feet 0 260 520 1,040 t 2,080 Sebastian Harbor Preserve Conceptual Site Plan Sebastian Harbor Preserve . Project Plan components to be completed prior to cost -share reimbursement (by 11/30/2018): • County/FCT approved management plan (formalization of 2011 conceptual site plan) • Updated Phase I Environmental Site Assessment • Appraisal review of 2016 appraisals • Estimated cost for Project Plan prior to reimbursement: $15,000-$20,000, to be paid with environmental land acquisition bond proceeds IN Staff Recommendation: . Staff recommends that the BCC approve the Sebastian Harbor Preserve FCT grant agreement, and authorize the Board Chairman to execute the agreement on behalf of the County. Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney I) -tel Off, Of Departmental Matters 1012412017 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners Z - THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney W iQ DATE: October 18, 2017 SUBJECT: Permission to Advertise Amending Indian River Code Creating Chapter 318, Stormwater Discharge The Indian River County Stormwater Division was recently audited by the Florida Department of Environmental Protection (DEP). Overall, the County received favorable comments. One comment received was a suggestion to amend the County's waste water section of the code to include a prohibition against illicit discharges into the storm sewers. On October 3, 2017, staff presented a bare bones ordinance to the Board and the Board directed staff to come back with an ordinance in more final form ready for advertisement. Staff now presents a more final form of the ordinance and seeks Board approval to advertise the ordinance for a public hearing. Highlights of the proposed ordinance include: • Definitions of Best Management Practices, illicit discharges and stormwater • Prohibitions on illicit discharges and connections • Provisions for suspension of permits and monitoring of discharges • Enforcement, appeal and abatement of discharges 11 In its current form, the ordinance will be enforced by the Public Works Stormwater Division as they have the most working knowledge of stormwater issues. If a violation citation is issued and contested by the recipient, the Code Enforcement Board would hear the matter and assess fines and timetables for resolution of the violation. If an emergency exists, either injunctive relief could be sought or remedial action could be taken by the County with reimbursement the responsibility of the violator. FUNDING: The only cost of amending the code will be advertising in the Indian River Press Journal. Advertising costs are estimated to be less than $200.00 and funds are budgeted and available from Account # 11128138-034910, Transportation Fund/Stormwater/Legal Ads. RECOMMENDATION: Staff recommends the Board discuss the proposed ordinance, recommend changes and approve advertisement for a public hearing on the amendment to the IRC Code to prohibit illicit discharges into storm sewers. P203 ORDINANCE NO. 2017 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING INDIAN RIVER COUNTY CODE CHAPTER 318, ADOPTING REGULATIONS FOR STORMWATER DISCHARGE INTO PUBLIC STORM SEWERS, PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the conservation, protection and preservation of stormwater is an important aspect of maintaining a healthy environment; and WHEREAS, since the County's drainage canals lead to the Indian River Lagoon, it is especially vital to make sure harmful pollutants are not introduced into the lagoon through contaminated storm runoff; and WHEREAS, discharging, draining or dumping any substance, except stormwater, into a storm sewer, storm grate or storm gutter, could result in damage to aquatic plants, mammals, fish and birds; and WHEREAS the purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of Indian River County through the regulation of non - storm water discharges to the storm drainage system. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. ESTABLISHMENT. Chapter 318 — This section shall be known as the illicit stormwater discharge section (1) Definitions: a. Best Management Practices (BMPs): schedules of activities, prohibitions of practices, general good house keepino practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater' conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. b. Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. 1251 et seg.), and any subsequent amendments thereto. Coding: Words underscored Are additions to text; words in stFikethFOugh format are deletions to text. P204 ORDINANCE NO. 2017- C. Construction Activity. Activities subiect to National Pollutant Discharge Elimination System (NPDES) Construction Permits. These include construction proiects resulting in land disturbance of an acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or Physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, Property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. e. Illegal Discharge. Any direct or indirect non -storm water discharge to the storm drain system, except as exempted in Section X of this ordinance. Illicit Connections. An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to -enter the storm drain system including but not limited to any conveyances which allow any non - storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been Previously allowed, permitted, or approved by an authorized enforcement agency or, 2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. 9. Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). h. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC � 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, orgeneral area -wide basis. i. Non -Storm Water Discharge. Any discharge to the storm drain system that is not composed entirely of storm water. Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents, oil and other automotive fluids, non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned Coding: Words underscored are additions to text; words in stFikethi:augh format are deletions to text. P205 ORDINANCE NO. 2017- obiects, ordinances, and accumulations, so that same may cause or contribute to Pollution; floatables; pesticides, herbicides, and fertilizers: hazardous substances and wastes: sewage, fecal coliform and pathogens; dissolved and Particulate metals; animal wastes: wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. k. Storm Drainage System. Publicly -owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human - made or altered drainage channels, reservoirs, and other drainage structures. 1. Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural Precipitation, and resulting from such Precipitation. M. Stormwater Pollution Prevention Plan: A document which describes the Best Management Practices and activities to be implemented by a person o business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce Pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. n. Wastewater means any water or other liquid, other than uncontaminated storm water, discharged from a facility. (2) Applicability. This ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. (3) Prohibition of Illegal Discharges. a. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is orohibited except as described as follows - established by this ordinance: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, -ground water infiltration to storm -drains, uncontaminated pumped ground water,foundation or footing drains (not including active groundwater dewatering I systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet -land flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), fire fighting activities and any other water source not containing Pollutants. Coding: Words underscored Are additions to text; words in StFikethFGUgh format are deletions to text. imrt ORDINANCE NO. 2017- 2. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety. 3. Dye testing is an allowable discharge, but requires verbal notification to the authorized enforcement agency prior to the time of the test. 4. The prohibition shall not apply to any non -storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. K) Prohibition of Illicit Connections. a. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. b. This Prohibition expressly includes, without limitation, illicit connections made in the oast. reaardless of whether the connection was nermissihip- iindt-r I;qw nr (5) A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the Municipal Separate Storm Sewer System (MS4), or allows such a connection to continue. (6.) Suspension due to Illicit Discharges in Emergency Situations. The Public Works Director or his assign, may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge Which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, o to minimize danger to persons. a. Suspension due to the Detection of 11 such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the Public Works Director for a reconsideration and hearing. b. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the Public Works Director. (7.) Industrial or Construction Activity Discharges. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a Coding: Words underscored are additions to text; words in StFikethFOUgh format are deletions to text. Min ORDINANCE NO. 2017 - form acceptable to the Public Works Director prior to the allowing of discharges to the MS4. (8.) Monitoring of Discharges a. Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity. Access to Facilities. (1) The Stormwater Division shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary_ arrangements to allow access to representatives of the authorized enforcement agency. c. Facility operators shall allow the Stormwater Division ready access to all parts of the premises for the purposes of inspection, sampling examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. d. The Stormwater Division shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's storm water discharge. e. The Stormwater Division has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy_ f. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Stormwater Division and shall not be replaced The costs of clearing such access shall be borne by the operator. g. Unreasonable delays in allowing the Stormwater Division access to a permitted facility is a violation of a storm water discharge permit and of this ordinance A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this ordinance. h. If the Stormwater Division has been refused access to any part of the premises from which stormwater is discharged and he/she is able to demonstrate Coding: Words underscored are additions to text; words in StFikethrough format are deletions to text. P208 ORDINANCE NO. 2017 - probable cause to believe that there may be a violation of this ordinance or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction. (9.) Use of Best Management Practices. Stormwater Division will adopt requirements identifying Best Management Practices for any activity, operation or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise which is or may be the source of an illicit discharge may be required to implement at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. (10.) Watercourse Protection Every person owning property through which a watercourse passes, or such person's lessee shall keep and maintain that part of the watercourse within the property free of trash debris excessive vegetation and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use function or physical integrity of the watercourse (11.) Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system or water of the U.S. said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services In the event of a release of non -hazardous materials, said person shall notify the Public Works Director in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Public Works Director within three business days of the phone notice If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence Such records shall be retained for at least three years. Coding: Words underscored are additions to text; words in stNkethFeUgI4 format are deletions to text. P209 ORDINANCE NO. 2017- (12.) Enforcement. a. Notice of Violation. Whenever the Stormwater Division finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance the Stormwater Division may order compliance by written notice of violation to the responsible person Such notice may require without limitation: 1. The performance of monitoring, analyses and reporting; 2. The elimination of illicit connections or discharges-, 3. That violating discharges, practices or operations shall cease and desist; 4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and 5. Pavment of a fine to cover administrative and remediation costs; and 6. The implementation of source control or treatment BMPs 7. The time, date and location of the alleged violation. If abatement of a violation and/or restoration of affected property is required the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. (13.) Contesting a Notice of Violation Any person receiving a Notice of Violation may contest the violation by providing notice in writing to the Public Works Director. The notice to contest the violation must be received within twenty days from the date of the Notice of Violation Hearing on the violation shall take place at the next meeting of the code Enforcement Board of Indian River County. Either party may appeal an adverse decision of the Code Enforcement Board pursuant to Florida Statutes Chapter 162. (14.) Violations Deemed to be a Public Nuisance In addition to the enforcement processes and penalties provided if the Code Board deems the violation condition caused or permitted to exist is repeat violation or is an eminent threat to public health, safety, and welfare and the Code Board so declares it to be a nuisance, the violation may be summarily abated or restored at the violator's expense, and/or a civil action to abate enjoin or otherwise compel the cessation of such nuisance may be taken. (15.) Enforcement Measures After Notice of Violation If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of a contested Notice of Violation within thirty days after the decision of the Code Board, then representatives of the Stormwater Division shall be authorized to enter upon the subiect vrivate property and take any and all measures necessary to abate the violation and/or restore the property It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the County employees or designated contractor to enter upon the premises for the purposes set forth above. Coding: Words underscored are additions to text; words in 6tFiketfFGUgh format are deletions to text. P210 ORDINANCE NO. 2017- (16.) Cost of Abatement of the Violation Within thirty days after abatement of the violation, the owner of the Property will be constitute a lien on the property for the amount of the costs. It shall be unlawful for any person to violate any provision or fail to comply with any o the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this ordinance, the authorized enforcement aaencv may petition for a create further violations or compelling the person to perform abatement or remediation of the violation. (18.) Remedies Not Exclusive The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. SECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Code of Indian River County and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this ordinance may be renumbered or releftered to accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be codified. SECTION 3. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. Coding: Words underscored are additions to text; words in StFikethF9Ugl4 format are deletions to text. E-* P211 ORDINANCE NO. 2017 - SECTION 4. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Indian River Press Journal on the day of , 2017, for a public hearing on the day of , 2017, at which time it was moved for adoption by Commissioner , and 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 The Chairman thereupon declared the ordinance duly passed and adopted this day of , 2017. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and. legal sufficiency William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA, by its Board of County Commissioners Joseph E. Flescher, Chairman Effective Date: This ordinance was filed with the Department of State of the State of Florida, and becomes effective on the day of , 2017. Coding: Words underscored are additions to text; words in StFikethFough format are deletions to text. 0 P212 Proposed Stormwater Ordinance Illegal/Illicit Discharges Illegal Discharge. Any direct or indirect non -storm water discharge to the public storm drain system, except as exempted in this ordinance. Basically, if it is not stormwater, and it is dumped into a public storm drainage system, it is a violation. Exceptions: • water line flushing (IRC Utilities) . • landscape irrigation or lawn watering, • uncontaminated pumped ground water • Foundation, footing drains or crawl space pumps (sump pumps) • air conditioning condensation • non-commercial washing of vehicles (discretion to be used for fund raising activities) • natural riparian habitat or wet -land flows • swimming pools (if dechlorinated - typically less than one PPM chlorine), • fire fighting activities • non -storm water discharge permitted under an National Pollutant Discharge Elimination System (NPDES) permit N t Enforcers Public Works Director ❖ May issue immediate suspension in severe emergency cases ❖ May take emergency action if conditions warrant and violator fails to remedy violation ❖ Suspend access to public drainage system ❖ Conduct hearings to lift suspensions Stormwater Division •'• Monitors discharges ❖ Issues warnings and violations •'• Conduct inspections Code Enforcement Board •'• Conducts Hearings ❖ Considers mitigating factors in assessing fines ❖ May determine violations to be a nuisances for abatement purposes Additional Remedies. ✓ Assess the cost of abatement of illegal discharge ✓ Seek injunctive relieve for failure to cure violation ✓ Deem the violation a nuisance ✓ Can be used in conjunction with other remedies including ➢ other enforcement actions taken by St. Johns, DEP, etc ➢ building code or other construction violations :t)- N N Enforcement Considerations • Educating the public concerning the new ordinance • Warnings for first or minor violations • Setting of fines by resolution • Consideration of fine amounts to include: ■ Severity of violation ■ Length of violation ■ Repeat offender RESOLUTION NO. 92-59 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES (Page 2 of 2) NOTICE VIOLATION TYPE SECTION FINE! TINME FRAME12 General Sea turtle lighting vio. 932.09 $ 50 24 hrs. Fertilizer and Landscape Management violations: Timintr of fort. Ann. vio. 316.3 - NY A Fertilizer -free zone vio. 316.4 $ 503 N/A Fertilizer contentjapp.oio. 316.6.316.7 S 50' NfA Application practices vio. 316.8 $ 503 24 hrs. Grass cl' pings;debric_ vio. 316.9 � 24 hrs_ Comm. license/cert. vio. 316.13 $500 'Each day the violation exists represents a separate violation. }`The notification time frame established herein may be waived if the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. 'The fine shall be $100 for those violations by a person who has previously been found through the Code Enforcement Board or any other quasi -judicial or judicial process to have violated or who has admitted violating the same section notwithstanding that the violations occur at different locations. 1961 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILTY SERVICES DATE: October 10, 2017 TO: Jason E. Brown, County Administrator FROM: Vincent Burke, P.E., Director of Utility Services THROUGH: Jennifer Hyde, Purchasing Manager SUBJECT: Reject,All Proposals for RFP 2017041 - AMI and MDM Solution for Indian River. County Department of Utility Services BACKGROUND The Indian River County Purchasing Division, on behalf of the Indian River County Department of Utility Services (IRCDUS), issued a Request for Proposals (RFP) for an Advanced Metering Infrastructure (AMI) and Meter Data Management (MDM) Solution. The solicitation requested a complete, turn -key solution that would include all supporting equipment, hardware, infrastructure, software and services. RFP RESULTS Advertising Date April 2, 2017 Mandatory Pre -Bid April 18, 2017 RFP Opening Date June 28, 2017 DemandStar Broadcast To 633 Subscribers RFP Documents Requested By 39 Firms Replies 6 Firms Price Proposal Range $13 - $22.3 Million ANALYSIS A selection committee comprised of Vincent Burke, P.E., Utilities Director; Lisa Patton, Customer Service Manager; Cindy Corrente, Utilities Finance Manager; Mike Smykowski, Budget Director; and Basil Dancy, Computer Services Manager, independently evaluated and scored the received proposals in accordance with the Indian River County Purchasing Manual. These scores were compiled by the committee, and an overall ranking of the submittals developed. The top three firms were short-listed for a demonstration phase held September 25 and 26, 2017. The demonstration phase was an opportunity for each firm to introduce team members, showcase their technology, and describe the implementation approach and software systems. After the conclusion of the demonstration phase, the selection review committee expressed concern that none of the qualified solutions are the right fit for the County's needs. FUNDING Funding for the project is available in the meter replacement account (471-169000-16505). Funds for the project are in the operating fund. Operating funds are generated from water and sewer sales. There is no funding required for the rejection of the proposals. A minimal funding investment of approximately $90 would be needed to cover the cost of advertising a re -issued RFP. RECOMMENDATION Staff recommends the Board of County Commissioners reject all proposals received in response to RFP 2017041, and authorize staff to revise the scope of work and selection criteria in order to reissue a new solicitation that will afford solutions more in line with the needs of the Indian River County Department of Utility Services. P214 /'-�4� INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: October 6, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Cindy Corrente, Utilities Finance Manager Subject: Ordinance Change to Allow for Reduction of Equivalent Residential Units (ERU)'s on Single Family Homes DESCRIPTIONS AND CONDITIONS: At this time, there are approximately sixty (60) occupied single family homes in the Indian River County Department of Utility Services (IRCDUS) service area that have more than one ERU affiliated with them. Two different situations occurred that resulted in a single family dwelling having more than one ERU. One situation occurs when impact fees are reserved for a future buildout of individual lots. Homes are built on some, but not all of the lots. Then a customer purchases an empty lot adjacent to the lot where their home is located and records a unity of title for the two lots. The end result is a new, larger single lot that would have multiple ERUs. The second situation occurs when a developer purchases ERUs for several hundred building lots for a proposed development. Later, they re -plat the development and combine several smaller lots into fewer larger lots. The fewer larger lots end up with more than one ERU each. Then the lots are developed and become occupied by the homeowners. Currently, there is no language in County Code to address these situations. ANALYSIS: In order to address this concern and alleviate 60 homeowners from paying two service availability fees each month, staff is proposing that we modify county code to allow for a reduction in ERUs on single family residences with more than one ERU. There are other related matters that staff plans to address with the completion of the current rate study being performed by Raftelis Financial Consultants, Inc. FUNDING: The cost of publication of the required public notice for the public hearing will be approximately $150.00. This cost will be funded from the Legal Advertising budget in the Utilities operating fund. There is no other cost to the department as a result of this change. However, the department revenues will be reduced annually by the service availability charges affiliated with the ERUs. The potential annual reduction to water and sewer sales for the sixty (60) homes is listed below. Description Account Number Amount Legal Advertising 47126536-034910 $150.00 Water Sales 471034-343310 $(5,587.20) Sewer Sales 471034-343510 $(10,497.60) Page 1 of 2 P215 RECOMMENDATION: Staff, recommends that the Board of County Commissioners: 1. Review and approve the proposed ordinance language change. 2. Direct the County Attorney to advertise a public hearing to be held on November 14, 2017 P216 Section 201.07. - Equivalent residential units. Each water and sewer customers' impact fees and service availability charges shall be established on the basis of the number of equivalent residential units (ERUs) of service required by each customer. The following chart shows the basis for calculating each customer's minimum number of ERUs. In cases where a customer's property use extends to more than one category listed below, the number of ERUs shall be calculated as the sum of the number of ERUs associated with each type of property use and its respective square footage or other basis used for calculating the number of ERUs. Where the calculated number of ERUs is a fraction, the calculated number shall be rounded up to the next highest whole number to calculate the number of assigned ERUs. 27. higher- er- lowef numbef of units shall be used, but in ne ease shall a r-etfeaeti-Ne payment, or -edit er- charge for- a r-eelassifieation ef use er- number- of units be due and payable te the ownef of fesident, tifiless the depai4ment, in its sole disefetien-, detefmines that sueh a efedit er- ehaf— * . . 1 by equitable eensider-ation ..... 1 A single-family residential customer who has obtained more than one ERU and whose maximum monthly water use ranges from zero to three hundred (300)gallons per day on a maximum day basis or zero to two hundred fifty ori (250) gallons per day oa maximum month.basis for a period of twelve (12) months, may submit a request in writing to the department for a reduction to one (1) ERU. In no case shall a retroactive payment, credit or charge or reimbursement of impact fee or related service availability charges paid be due and payable to the owner or resident .......................... I 28. In the event that a business is described in the schedule by aeneral classification but the particular nature of said business or structure would result in an inequitable connection charge if the schedule were used, the department in its discretion, may determine that a higher or lower number of units shall be used, but in no case shall a retroactive payment, credit or charge for a reclassification of use or number of units be due and payable to the owner or resident, unless the department, in its sole discretion, determines that such a credit or charge is required by equitable consideration ..... I P217 1A 93 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILTY SERVICES BOARD MEMORADNUM DATE: October 16, 2017 TO: Jason E. Brown, County Administrator FROM: Terry Southard, Operations Manager THRU: Vincent Burke, Director of Utilities Jennifer Hyde, Purchasing Manager SUBJECT: Request for Sole Source for Equipment, Repair and/or Replacement for Fleetboss Annual Fees and Products BAC KG RO U N D/ANALYSIS: In September 2008, the Indian River County Department of Utilities Services (IRCDUS) started installing the Global Positioning System (GPS) and Diagnostic units into 70 pieces of equipment. This system is helping us to be more efficient and is providing us with useable information on engine performance and fuel efficiency in the equipment. ✓ The system assists us with: fuel efficiency thereby reducing fuel cost. ✓ Real time access to vehicle locations. This feature is helpful in locating service workers to respond to leaks and other urgent service calls. ✓ Protection against False Claims. A GPS system offers irrefutable data about driver speeds and vehicle locations, providing employees with protection against false accident claims, reports of late arrivals, or failure to perform services. ✓ Improves accountability of people and assets. Costs for ongoing operational maintenance and equipment was $25,517.40 in FY15/16 and $25,517.40 for FY16/17. Expenditures FY 17/18 are expected to increase an additional $718.80 to cover two added units, one each in 265 -Customer Service and 268 -Wastewater Collection. The two additional units are to be installed in vehicles that were added to the departmental fleet during FY16/17. FUNDING: Funds for the items are available in the Other Professional Services account in the operating fund. Operating fund revenues are derived from water and sewer sales. Description Account Number Amount Wastewater Treatment 47121836-033190 $3,594.00 Water Production 47121936-033190 $2,156.40 P218 Description Account Number Amount, Engineering 47123536-033190 $1,437.60 Customer Service 47126536-033190 $3,594.00 Wastewater Collections 47126836-033190 $5j391.00 Water Distribution 47126936-033190 $10,063.20 Total $26,236.20 RECOMMENDATION: The staff.of Indian River County Department of Utility Services recommends that the Board of County Commissioners authorize the Purchasing Department to use the above authorized vendoras the sole source provider for equipment, repairs and replacements for Fleetboss annual fees and products. ATTACHMENT: Sole Source Letter P219 off. GPS Sole Source Letter October 16, 2017 Indian River County Terry Southard 4350 41St Street Vero Beach, FL 32967 Dear Terry, This letter is to provide notification that Fleetboss GPS is a sole source provider for vehicle GPS tracking, monitoring and reporting. Our vendor relationships, product portfolio, one-on-one training methodologies and enterprise "level 10" quarterly meetings, create a unique source of service. The data collection, transmission, service, training and technical support, are exclusively managed by FleetBoss, GPS, and the resulting database is non -transferable. Since the GPS hardware is serviced and registered through us (Fleetboss GPS, Inc.) we are the only organization that can provide the access to the web portal to view the vehicle data for these units. Sincerely, Michael Martone, VP & General Manager Fleetboss GPS, Inc. P220 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Office 0f Attorney's Matters 10/24/2017 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director. FROM: William K. DeBraal, Deputy County Attorney DATE: October 16, 2017 SUBJECT: Oslo Boat Ramp ATTORNEY The Oslo Boat Ramp lies at the east end of -Oslo Road at the Indian River Lagoon. The existing ramp and dock were installed in 2007 and serve as the sole boat launch on the east side of the lagoon in the south part of the County. Due to the size of the ramp and .shallow water conditions at the site, the Oslo Boat Ramp can accommodate only shallow draft boats, canoes and kayaks. It has long been a popular launch site for fishermen who want to fish the lagoon in southern Indian River/northern St. Lucie County. Aside from the concrete ramp and wooden dock, the area around the ramp is largely unimproved. There is no organized parking or paved parking lot. There is an informational kiosk but no restroom, running water, electricity or fish cleaning facilities. The County proposed making certain improvements to the boat ramp including paving the road leading to the ramp, paving the parking lot with dedicated parking for cars and vehicles with trailers, addition of channel markers and removal of the muck that has accumulated in the channel. The County applied for a permit from the St. Johns River Water Management District (St. Johns) and the US Army Corps of Engineers (Corps) to construct the improvements. The initial application submitted in 2007 called for 32 trailer spaces and 10 car parking spaces taking up five acres. The final submission in 2013 was pared down to 1.41 acres with 12 parking spots for trailers and 11 for cars. St. Johns issued a Notice of Intent to issue the permit to construct.the improvements and the Pelican Island Audubon Society (PIAS) objected and challenged the issuance of the permit. The three day formal hearing between the County, St. Johns and PIAS was heard by an administrative law judge from the Division of Administrative Hearings on June 4-6, 2014. The Judge upheld the Notice of Intent and St. Johns issued the permit in late summer 2014. It should be noted that the Corps has acknowledged receipt of the County's Oslo Boat Ramp permit application but has not taken final action on it. It has not been denied or approved, but is listed as "pending" on the Corps website. P221 Oslo Boat Ramp October 16, 2017 Page 2 After the permit to construct the improvements to the Oslo Boat Ramp was issued by St. Johns, the Board of County Commissioners asked for a presentation on the matter at its October 7, 2014 meeting. Beginning at 11 am and breaking at 1 pm and picking up again at 4 pm and continuing until 7 pm after taking testimony from over 20 people, the Board tabled a decision on the Project until its October 21, 2014 meeting. At that meeting, the Board voted 3-2 to table the Oslo Road Boat Ramp Project for 3 to 5 years. It is approaching three years since the matter was tabled at the Board's request. At this time, the Board has several options. 1. The Board may vote to table the matter again for the remaining two years of the five year period. The St. Johns permit will expire if this option is taken. 2. The Board could ask for a cursory review of the area to determine if sea grass beds have increased or decreased, whether muck accumulations in the area have changed, whether interest in the Project still exists from fishermen and whether proposed costs of the Project have changed. 3. The Board could vote to perform parts of the Project such as muck removal, road paving or adding additional channel markers. 4. The Board could vote to terminate the Project if significant financial or environmental changes have occurred. 5. The Board could instruct staff to proceed with the Project as approved and seek final approval from the Corps. 6. Other options as deemed appropriate by the Board. FUNDING: Although the project is not currently budgeted, funding in the amount of $470,000 is available in the Florida Boating Improvements Fund/Cash Forward October 1st. This is the amount that was last budgeted for the project in fiscal year 2014/15. RECOMMENDATION: Staff recommends the Board discuss its options with regard to the Oslo Boat Ramp Project. P222 Dylan Reingold, County Attorney William K DeBraaL Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 136 County Attorney's Matters - B.C. C 10,24,17 Office of INDIAN MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attome DATE: October 18, 2017 SUBJECT: 2018 State Legislative List of Priorities and Concerns RIVER COUNTY ATTORNEY Baelmround: On August 15, 2017, the Indian River County Board of County Commissioners ("Board") approved a 2018 Pre -Session Legislative List of Priorities and Concerns. The referenced pre -session list needs to be amended to include new policy statements on a number of topics that impact local governments. It also needs to be amended to include the County's appropriation requests. These amendments will assist the County Attorney's Office, the County Administrator, and the County's contract lobbyists during the 2018 State of Florida legislative session which is scheduled to begin on January 9, 2017. Recommendation: The County Attorney's Office recommends that the Board adopt the attached 2018 State Legislative List of Priorities and Concerns. Attachment: 2018 State Legislative List of Priorities and Concerns. P223 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 2018 State Legislative Program Adopted October 24, 2017 P224 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Commissioner Susan Adams District I (772) 226-1442 sadams@ircgov.com Commissioner Tim Zorc District 3 (772) 226-1919 tzorc@ircgov.com Commissioner Bob Solari District 5 (772) 226-1440 bsolati@�.regov.com 2 Chairman Joseph 13. Rescher District 2 (772) 226-1919 iflescber@ircgov.com Vice -Chairman Peter D. O'Bryan District 4 (772) 226-1442 pobryan@ircgov.com P225 Table of Contents Guiding Principles Priorities Indian River Lagoon Sale of the Vero Beach Electric Utilities to Florida Power and Light High Speed Passenger Rail Foreign Trade Zone Beach Restoration and Nourishment Texting While Driving Short -Term Vacation Rentals Appropriations Concerns Finance and Tax Policies Millage Rates Communications Service Tax Shared Revenue Sources Tax Reform Local Tax Referenda Local Preemption on Business Regulations and Taxes Local Government Fiscal Responsibility Constitutional Officers Economic Development Tourist Development Tax County Funding of Court -Related Costs Funding Judicial Responsibilities Administration Policies Local Government Accountability and Transparency Local Government Administration State of Emergency Health, Human Services and Public Safety Policies Medicaid Services Coverage for Emergency Services Medical Examiners Firefighters First Responders Zika State Housing Initiative Partnership Program Housing Assistance Certificates of Public Convenience and Necessity (COPCN) ,Environmental Resources and Water Policies Recycling Fracking Septic to Sewer Water Infrastructure Grant Derelict Vessels Gmwtb Managementement and Inlnfrastructure Policies Growth Management Florida Building Commission Impact Fees Historic Dodgertown 4 10 11 12 13 13 13 13 13 13 13 13 13 13 13 14 14 14 14 14 14 14 14 14 14 14 14 15 15 15 15 15 15 15 15 15 15 16 16 16 16 16 P226 Guiding Principles The ability to maintain home rule and to avoid unfunded mandates are central to Indian River County's state legislative priorities and concerns. Indian River County works with the Florida Association of Counties (FAC) and other local governments across the State of Florida to advocate for these ideals. In general, Indian River County Board of County Commissioners (BCC) supports FAC's legislative policy statements. Indian River County BCC SUPPORTS maintaining the integrity of county home rule power, both adminis- trative and fiscal, which allows counties to develop and implement community-based solutions to local problems. Indian River County BCC OPPOSES any unfunded mandate legislation which would compel local govern- ments to provide a service, program, or benefit without providing the appropriate monies or a funding source. 4 P227 'Legislative Priorities And The County's Position 1. Indian River Lagoon Background: The 156 -mile -long Indian River Lagoon ("Lagoon") is one of the most biodiverse ecosystems in the nation and is a treasure for the State of Florida. The Lagoon provides an economic benefit by promoting tourism and creating recreational opportunities for residents. The Lagoon is also an important element in the protection of our environment, including endangered and protected plant and animal populations. As guardian of 22 miles of the Lagoon, Indian River County ("County") has been a pioneer for the development and deployment of new water quality technologies. Using a mixture of Optional Sales Tax, Utilities funds, and grant funding, the County has invested over $29 million dollars on four infrastructure projects aimed at improv- ing the health of the Lagoon. Collectively, the County's projects have removed over 128,000 pounds of Total Nitrogen and over 29,000 pounds of total Phosphorus from canals which lead to the Lagoon. The County hopes to continue its partnership with the State of Florida on future ventures that will reduce the nutrient load in the Lagoon so future generations can enjoy this natural wonder. Position: Indian River County BCC SUPPORTS policies that will enhance the economic wellbeing of Indian River County by treating and monitoring the health of the Lagoon. P228 2. Sale of the City of Vero Beach Electric Utilities to Florida Power and Light Background: The City of Vero Beach ("City") is a member of the Florida Municipal Power Agency ("FMPA"). The City is working closely with the FMPA to complete the full sale of the City's electric utility to Florida Power and Light. Indian River County supports policies that would assist in the full sale of the City's electric utility. Position In the event the FMPA hinders the full sale of the City of Vero Beach electric utility to Florida Power and Light, Indian River County BCC SUPPORTS policies to require greater oversight, transparency, and accountabil- ity by the Florida Municipal Power Agency (FMPA) to its member municipalities and ratepayers. 10W, 3. High -Speed Passenger Rail Background: For at least a decade, high-speed passenger rail has been discussed and proposed within the State of Florida. While All Aboard Florida is the most recent passenger rail service being proposed, it is not the first and it certainly will not be the last. It is imperative that the State of Florida implement the statutory structure to hold railroads operating passenger rail service accountable for the highest degree of safety improvements. It is also important to protect the public coffers from being exploited by private passenger rail entities that seek to piggyback off of pre-existing contracts with established railroad carriers. Position: Indian River County BCC OPPOSES any state, federal or local funding for private passenger rail pro- jects proposing to traverse through its jurisdiction including, but not limited to, All Aboard Florida (aka Bright - line); SUPPORTS legislative and executive branch advocacy efforts to regulate passenger rail in order to protect the State of Florida's citizens, local governments, wildlife, waterways, and natural environment; and OPPOSES any effort to shift the cost burden of operating and maintaining passenger rail onto local governments or the State of Florida. 1240f 4. Foreign Trade Zone Background: For a number of years Indian River County has been interested in being inciuciect in a toreign trade zone. The benefits include (a) a reduction of duties for manufacturers if they use foreign components in their fin- ished products, (b) a duty exemption on imported goods that are later re-exported, (c) a delayed payment of du- ties for goods until they enter the U.S. Market, (d) an elimination of duties on waste, scrap and rejected or defec- tive parts, and (e) a possible reduction in merchandise processing fees (U.S. Customs Processing fees). Position: Indian River County BCC SUPPORTS the expansion of either Foreign Trade Zone 218 located in St. Lucie County or Foreign Trade Zone 136 located in Brevard County to include Indian River County. 12*4 5. Beach Restoration and Renourishment Background: The Florida Department of Environmental Protection has a Beach Management Funding Assis- tance Program to protect and restore the state's beaches. Erosion leaves miles of beaches, public infrastructure and ,upland development vulnerable to the next storm event as well as impacting tourism. Currently, beach re - nourishment is funded via documentary stamps along with countless other programs. This leaves beach renour- ishment projects fighting every year for a very small piece of a large pie. Indian River County, like its sister counties to the north and to the south on Florida's east coast, has a natural nearshore hardbottom resource. This resource is classified as an essential fish habitat. It provides foraging and breeding grounds for juvenile fish. Indian River County's beach management plan is specifically customized to maximize the fill while minimizing the impact to the nearshore hardbottom resource. Position: Indian River County BCC SUPPORTS the creation of a newly dedicated and reoccurring statutory funding source for beach restoration and renourishment projects; and OPPOSES policies that would change or modify the criteria used by the Department of Environmental Protection to rank eligible beach renourishment projects that would negatively impact communities interested in protecting nearshore hardbottom resources. W, P232 6. Texting While Driving Background: As of January 2017, texting while driving violations are enforced as primary offenses in 41 states. Florida is one of four states where texting while driving is a secondary offense when an operator of a motor vehicle has been detained for a suspected violation of another law. Specifically, Florida law bans driving while sending or reading data on a wireless cell phone for the purpose of non -voice interpersonal communication. The ban does not apply to a stationary motor vehicle or to a motor vehicle operator who is using it for official duties as an operator of an authorized emergency vehicle, law en- forcement or fire service professional, or an emergency medical services professional. It also does not apply to those who are using the wireless communication device for navigation purposes. Position: Indian River County BCC SUPPORTS policies that would make texting while driving a primary of- fense. 10 P233 7. Short Term Vacation Rentals Background: Section 509.013, Florida Statutes, defines a transient public lodging establishment (aka short-term vacation rental) as a property that is rented more than three times a year for less than 30 days at a time. Local governments were preempted from regulating vacation rentals in 2011. This legislation included a provision that "grandfathered" any ordinance regulating vacation rentals prior to June 1, 2011. The language was amended in 2014 to allow local governments to regulate short-term rentals through life safety and building codes, as well as other codes specific to vacation rentals. However, local governments are still prohibited from regulating the du - radon and frequency of these rentals. In 2015, Indian River County formed a committee which included a vacation rental owner and a real estate agent to discuss short-term vacation rentals and the impact they have on our community. Based upon the committee's recommendations, the Board of County Commissioners approved an ordinance that requires short-term vacation rentals to register with the County, show proof of registration with the DBPR and pass a simple inspection per- formed by a code enforcement officer to verify that the vacation rental has working smoke alarms (carbon mon- oxide detector also if they have gas appliances), a charged fire extinguisher and an emergency light if the power goes out. The vacation rental is inspected to make sure it has the basic "good neighbor" information such as days of the week for trash collection and recycling, parking restrictions and owner/agent contact information. Parking is restricted to the existing garages and driveways, just as with an ordinary residence. Enforcement, including noise complaints, is carried out through the County's code enforcement process, just like complaints from an ordinary residence. Last year, bill was introduced at the Florida Legislature which would have preempted all local ordinances as they relate to short-term vacation rentals. While the bill was unsuccessful, it will likely be reintroduced in the 2018 legislative session. Position: Indian River County BCC OPPOSES policies that would preempt a local government's ability to have local ordinances related to vacation rentals. 11 P234 Appropriations 1. West Wabasso Septic to Sewer Phase II Indian River County has more than 30,000 septic tanks systems. According to the United States Department of Agriculture's Soil Conservation Service, most of Indian River County's sandy soil is not conducive for the use of septic tank systems. This limitation, combined with the high water table, creates a high potential for groundwater contamination. This is especially true in areas where development preceded septic tank regulation. This project will construct a gravity sewer system to a financially disadvantaged community to convert 124 residen- tial parcels and 10 commercial parcels from antiquated septic tank systems to centralized sewer. This project will yield a positive benefit not only to the West Wabasso community but also to the Indian River Lagoon ("Lagoon"). The County estimates that this project will reduce an estimated 1,273 pounds of Total Nitrogen and 404 pounds of Total Phosphorus from being leached into the Lagoon. Indian River County BCC respectfully requests you SUPPORT an appropriation of $1 million in matching funds to construct the West Wabasso Septic to Sewer Phase II project. 2. Generators for Lift Stations During a Power Outage During a storm event like a hurricane, it is imperative that facilities such as assisted living facilities, nursing homes, senior communities, and emergency shelters have the necessary onsite and infrastructure support to have adequate water and sewage disposal. With respect to sewer lift stations, especially if they are fed by County water and that water supply is still on, a working station (or an emergency response to the station) is critical to the health and well -being of the occupants before, during, and after a storm event. The County has identified 25 locations within its jurisdiction that would benefit from a generator during a hurri- cane. The total cost of purchasing and installing the generators would be $833,280. Indian River County BCC respectfully requests you SUPPORT an appropriation of $416,640 in matching funds to purchase and install generators to provide power to critical emergency facilities like emergency shelters, nursing homes, senior communities, and assisted living facilities. 3. Beach Renourishment Sector 5 Indian River County BCC respectfully requests that you SUPPORT an appropriation of $1,947,637.50 in match- ing funds for a beach restoration project to Indian River County's Sector 5 beach. Sector 5 is within the City of Vero Beach and the project area is approximately 3 miles. Specifically, Indian River County has requested: • $81,637.50 in matching funds for a feasibility design, • $233,250 in matching funds for the design of the beach project., and • $1,632,750 in matching funds for the construction of the beach project. 12 P235 'Legislative Concerns And The County's Position Finance and Tax Policies I. Millage Rates • Indian River County BCC OPPOSES policies that will negatively change the formula for calculating a local government's maximum millage rate; and OPPOSES policies that prohibit local governments from redeem- ing earned rolled back credits. 2. Communications Service Tax • Indian River County BCC SUPPORTS policies that (1) modernize the Communication Service Tax in a manner that is revenue neutral; (2) simplify administration and collection of the tax; provide for a broad and equitable tax base; provide for enhanced stability and reliability; and (3) provide the opportunity for market- based application. 3. Shared Revenue Sources • Indian River County BCC SUPPORTS policies that consider impacts to the state revenues shared with counties for the provision of local services; and OPPOSES permanent modifications to state shared revenue sources or related funding formulas that would significantly impact the counties' ability to continue to fund local services. 4. Tax Reform • Indian River County BCC SUPPORTS tax reform measures that simplify administration, enhance effective- ness to meet current and future public service demands, and provide an economic boost to Florida's taxpay- ers while at the same time consider and minimize the collective and cumulative negative impacts on local rev- enues. 5. Local Tax Referenda • Indian River County BCC OPPOSES policies that require a 60% threshold for passage of a local tax referen- da during a general election. 6. Local preemption on Business Regulation and Taxes • Indian River County BCC OPPOSES policies that would remove the authority for counties and municipali- ties to increase business tax rates or to impose additional business taxes in the future. 7. Local Government Fiscal Responsibility 0 Indian River County BCC OPPOSES policies that would negatively impact the collection of ad valorem tax- es and other revenue sources. 8. Constitutional Officers • Indian River County BCC SUPPORTS policies that provide adequate state funding for constitutionally pre- scribed county officers that are required to perform duties on behalf of the State of Florida. 9. Tourist Development Tax • Indian River County BCC OPPOSES policies that mandate tourist development funds be diverted away from local communities, or impair the County's use of the funds for local tourist development. 13 I 10. County Funding of Court —Related Costs • Indian River County BCC SUPPORTS policies to remove the automatic 1.5% increase in funding for Court related functions; and SUPPORTS policies to increase the service fee charged for recording documents and instruments pursuant to s. 28.24(12)(e), F.S., from $4.00 to $8.00, so that $6.00 of the fee distributed to county commissions to help fund court -related technology and technology needs as mandated by s. 29.008(1)0(2), F.S. 11. Funding judicial Responsibilities • Indian River County BCC OPPOSES the use of local revenue sources to fund the State of Florida's judicial responsibilities. Administration Policies 12. Local Government Accountability and Transparency • Indian River County BCC SUPPORTS policies that promote the provision of accurate and accessible ad- ministrative and fiscal public information in a manner that is fiscally responsible, publically comprehensible, technologically efficient, and that does not constrain the effective administration of local services. 13. Local Government Administration • Indian River County BCC SUPPORTS policies related to retirement, workers' compensation and other ad- ministrative systems based on sound and accurate data analyzed with consideration for state and local fiscal impact, fairness and accessibility for state and local employees, as well as, predictability and stability relative to market forces for the long-term effective management of state and local financial plans. 14. State of Emergency • Indian River County BCC OPPOSES policies that would inhibit the County's ability to provide services to the community immediately following a natural disaster including, but not limited to, employment policies. Health, Human Services and Public Safety Policies 15. Medicaid Services • Indian River County BCC SUPPORTS policies to establish a 3% cap on growth in the individual county Medicaid costs under s. 409.915, F.S., and OPPOSES efforts to further shift state Medicaid costs to counties. 16. Coverage For EmeranU Services • Indian River County BCC OPPOSES policies that would negatively impact the Indian River County Emer- gency Services District's ability to be reimbursed for providing advance life services and basic life services to patients who have out -of -network providers. 17. Medical Examiners • Indian River County BCC OPPOSES policies that prohibit medical examiners from charging a fee for exami- nation and autopsy services that a medical examiner is required to perform by law for cremation services. 18. Firefighters • Indian River County BCC OPPOSES policies that do not use competent evidence when determining whether a disability or death was caused by a firefighter's employment. 19. First Responders • Indian River County BCC SUPPORTS the use of Critical Incident Stress Management Plans to assist first responders with psychological traumas including post-traumatic stress syndrome. 14 P237 20. Zika • Indian River County BCC SUPPORTS policies that entitle each county, irrespective of population, to a pro rata share of waste tire grants from the fee imposed on motor vehicle tires for use in mosquito control pro- grams. 21. State Housing Initiative Partnership Program (SHIP) • Indian River County BCC SUPPORTS allocating the full amount of dedicated documentary tax revenues for state and local affordable housing programs. 22. Housing Assistance • Indian River County BCC OPPOSES policies that require the establishment of a local government risk miti- gation program. 23. Certificates of Public Convenience and Necessity (COPChD • Indian River County BCC OPPOSES policies relating to COPCNs which would negatively impact the County's Emergency Services District's ability to provide services. Environmental Resources and Water Policies 24. Recycling • Indian River County BCC SUPPORTS policies that provide appropriate resources and incentives to local governments to achieve statewide recycling goals, with credit afforded for all recycled materials including mu- nicipal biomass and other waste -to -energy processes. Indian River County BCC OPPOSES policies which would inhibit a local government's ability to meet the statutory requirement under Section 403.7032, Florida Statutes, to recycle 75% of its solid waste by the year 2020. 25. Fracking • Indian River County BCC OPPOSES state preemption of fracking activities; OPPOSES policies that create a public records exemption for proprietary information provided by drilling companies to the Florida Depart- ment of Environmental Protection CFDEP") through FDEP's online chemical disclosure registry; and SUP- PORTS a moratorium on all new well stimulation activities, including hydraulic fracturing and acidization, until an independent and comprehensive Florida -specific study has been completed and peer-reviewed. 26. Septic to Sewer • Indian River County BCC SUPPORTS an Indian River Lagoon and Caloosahatchee River 50/50 grant matching program in support of septic to sewer conversions to include all of the communities along the Indi- an River Lagoon. 27. Water Infrastructure Grant • Indian River County BCC SUPPORTS the Department of Environmental Protection's budget request for $50 Million from General Revenue for projects that will address septic system and stormwater pollution in the Indian River Lagoon, and ensure that our coastal communities have a resilient water supply. 28. Derelict Vessels • Indian River Count), BCC SUPPORTS policies that would streamline the process to remove derelict vessels from the waterways of the State of Florida; and SUPPORTS revised statutory authority and continued state funding for the enforcement and removal of derelict vessels, with emphasis on chronic offenders. is im.] Growth Management and Infrastructure Policies 30. Growth Management • Indian River County BCC OPPOSES policies that would require local governments to incorporate additional goals, objectives, policies or elements into its comprehensive plan. 31. Florida Building Commission • Indian River County BCC SUPPORTS policies that promote a fair and balanced Florida Building Commis- sion which includes members from all of the industries regulated by the Florida Building Code, and OPPOSES policies that seek to limit the representatives on the Florida Budding Commission. 32. Impact Fees • Indian River County BCC OPPOSES policies that would prohibit the collection of impact fees no earlier than the issuance of the certificate of occupancy. 33. Historic Dodgertown • Indian River County BCC OPPOSES policies that would (1) inhibit the County's ownership rights or ability to use the Historic Dodgertown or (2) negatively impact the County's bonds associated with the Historic Dodgertown. I 16 2*1.*] October 24, 2017 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 18, 2017 SUBJECT: Board Consideration of a Sponsorship for Vero Beach's 31d Annual New Year's Ball FROM: Peter O'Bryan Commissioner, District 4 After two successful years in Downtown Vero Beach, the New Year's Ball is moving to the Indian River Mall. The event will feature food and beverage trucks, live music, jumbo screen, a ball drop and fireworks. The event is open to all residents free of charge (except food and beverage) and will be a wonderful family event for the entire community. This year's theme is "Hippie New Year" in honor of the 50th anniversary of the 1967 hippie movement. The promoters include the Treasure Coast Players. Inc., a 501©(3). They are currently looking for sponsors. The county currently sponsors 4th of July fireworks with the City of Vero Beach and the Kiwanis Club in Sebastian at $2500.00 for each entity. I am respectfully requesting the Board to consider a $2500.00 sponsorship for the New Year's Ball fireworks. Back up included. P240 NNUflI NEWEA AMS ..--.B-ALL JON .47 __ Ai SPONSOR OPPORTUNITY PACKAGE �. M, " -d' eP- 1:00 AT _kU py m..,l)-cember 31, 2017 5:00 M DrLore lli*('.wwts ill col1p111rfio/l with 1/1(1 (1114 Mel l'ol I Rilwl-Alo// U 7117 �--i 11 rl The sounds of live music will trickle through Vero Beach. The mission of bringing people together in our community will take another giant step. The Treasure Coast Players, Inc (5016) and The Indian River Mall are hosting the 3rd Annual Vero Beach "New Year's Ball" on December 31st. Event officials are looking for sponsors, vendors and volunteers to get involved in this great community fund- raiser. The profits will be going to the The Treasure Coast Players, Inc. (5016) About the event The New Year's Ball will take place at the Indian River Mall on the grass behind the AMC theater, in Vero Beach on Sunday December 31st from 5PM to 1AM and a breakfast starting at 5:30 am at the grassy area Behind Dillard's. Most stores will open at 10:00 am on Jan 1, 2018. General admission to the event is free however, attendees will need tokens to buy food, drinks and to participate in event activity's. A special VIP tent is available for a donation of $100 per person. We only have 150 VIP spots and they will go fast! Cold beer and wine/champagne will be available, as well as delicious food from local vendors. Venue will open at the Indian River Mall at 5:00 pm with live entertainment throughout the night. An estimated 5-10,000 people will attend this event from all over Indian River County and surrounding counties. The live entertainment will consist of a variety of music from the mid and late 60s The Theme for this years event is a "Hippie New Year" The year of 1967 represents the beginning of the hippie movement that changed a lot of the culture in America. This is the 50 anniversary of that movement. Mall businesses are invited to participate in the event as sponsors and vendors. Also, face -painters will be adding to the 60s atmosphere with glow in the dark face painting, you can even get a flower in your hair. Carnival style games will line the streets and In-prov singers and dancers can pop up at any time. Delectable food and other Vendors Food will include stone crab claws, crab cakes, clam chowder, BBQ, Italian sausage and cheese steak. There will be an other retail vendors selling their products as well. The Stage will be located on the grassy area behind the mall across from the AMC theater. It will be a great date night. The Vero Beach "beach ball" drop will take place along side the New York ball drop playing on a large screen. Special Accommodation Out of towners are welcomed with special parking at the event. Special arrangements have been made with the xxxxxxxx Inn (-xx:x-xxx-xxxx) and the xxxxxxxx Inn (xxx-xxx-xxxx). Mention the 3rd Annual Vero Beach "New Year's Ball" to receive special rates for overnight stays, plus VIP Parking Pass. Because of valued sponsors like you, we are making a difference in our community. We look forward to your participation in this year's event. On behalf of the New Year's Ball committee of volunteers, we thank you for sponsoring our 3nd Annual New Years Ball at the Mall. Dr Love Presents along with The Treasure Coast Players are in the planning phase of this years event. Proceeds from this year's event will assist this Community Theatre Group. Be a part of the event that is "The Talk of the Town" Join us as a Sponsor of the 2018 3rd Annual Vero Beach "New Year's Ball'and enjoy an evening of dancing and great music under the stars, amazing seafood, and much more. Sponsor levels are outlined on the following pages. We would love to have you as a recognized sponsor in the 3rd Annual New Year's Ball. To learn more or get involved with the New fears Ball, call ,Dennis at 520-460-4670 P242