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HomeMy WebLinkAbout05/08/2018�LpRT� COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman, District 4 Bob Solari, Vice Chairman, District 5 Susan Adams, District 1 Joseph E. Flescher, District 2 Tim Zorc, District 3 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MAY 8, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Stan Boling, Community Development Director 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating the Week of May 6 Through May 12, 2018, as National Correctional Officers and Employees Week 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Wreath Placement Ceremony for Fallen Law Enforcement Officers 8. CONSENT AGENDA 8.A. Checks and Electronic Payments April 20, 2018 to April 26, 2018 May 8, 2018 Page 1 of 4 8.B. FDOT Small County Outreach Program (SCOP) Agreement and Authorizing Resolution for Resurfacing/Reclamation of 58th Avenue (North of 57th Street to 85th Street/CR510) FM No. 436416-1-54-01, IRC -1325 8.C. AT&T Internet Contract Renewal 8.D. Approval of Work Order No. 1 - Carter Associates, Inc. - Jones' Pier Conservation Area Final Wetland Restoration Design & Permitting 8.E. Work Order No. 2, MBV Engineering, Inc. 43rd Avenue Sidewalk Airport Drive to 41st Street (IRC -1503) 8.F. Sebastian River Improvement District - Lateral "D" Canal Corrigan Ranch Lateral "D" Canal Cleaning Project 8.G. Work Order No. 1, Kimley-Horn and Associates, Inc. Indian River Boulevard and Grand Harbor Boulevard Mast Arm (IRC -1806) B.H. Work Order No. 2, Kimley-Horn & Associates, Inc. 43rd Avenue & 26th Street Intersection Improvements (IRC -1808) 8.I. Extension of Agreement between Indian River County (IRC) and AT&T 8.1 Award of Bid 2018052 - Demolition of County Owned Structures 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Mark Almeter and Iain Plank's Request for Special Exception Use Approval for a Private Airstrip [SP -SE -17-04-05 / 2004040060-78578] (Quasi -Judicial) B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources May 8, 2018 Page 2 of 4 E. Office of Management and Budget 12.E.1. Quarterly Budget Report F. Public Works G. Utilities Services 12.G.1. Van Antwerp Properties Draft Well Mitigation Plan and Award of Bid #2018038 13. COUNTY ATTORNEY MATTERS 13.A. Economic Development Council Membership 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1. Request the Board consider naming the open field adjacent to the Intergenerational Building, "Joe Wiggins Field." B. Commissioner Bob Solari, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Tim Zorc 14.E.1. Tourist Development Council Ordinance 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.13.1. Approval of Minutes Meeting of March 6, 2018 15.13.2. Approval of Minutes Meeting of March 20, 2018 15.13.3. Approval of Minutes Meeting of April 10, 2018 15.13.4. Final Pay to Geosyntec for CCNA-2014 Work Order No. 6 - One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the Former South Gifford Road Landfill 15.13.5. CCNA-2018 Work Order No. 1 to Geosyntec for One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the Former South Gifford Road Landfill C. Environmental Control Board 15.C.1. Approval of Minutes Meeting of September 13, 2016 May 8, 2018 Page 3 of 4 15.C.2. Environmental Control Hearing Board Annual Report (October 1, 2015 - September 30, 2016) 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.iregov.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. May 8, 2018 Page 4 of 4 PROCLAMATION DESIGNATING THE WEEK OF MAY 6 THROUGH MAY 129 20189 AS National Correctional Officers and Employees Week WHEREAS, in 1984, President Ronald Reagan signed Proclamation 5187 creating "National Correctional Officers Week". In 1996, the U.S. Senate officially changed the name of the week to "National Correctional Officers and Employees Week". The first full week in May is recognized as National Correctional Officers and Employees Week to honor the work of correctional officers and correctional personnel nationwide. National Correctional Officers and Employees Week has been declared as May 6 - 12, 2018; and, WHEREAS, Indian River County's staff of Correctional Officers, Nurses, Civilian Correction Assistants, and support staff serve in an increasingly complex and demanding profession, and work in a correctional environment where they are called upon to fill simultaneously custodial, supervisory, and counseling roles. They are responsible for the custody, safety, and well-being of the inmates within Indian River County; and, WHEREAS, in today's profession, Correctional Officers and correctional personnel are well trained, work under demanding circumstances, and face danger in their daily lives; and WHEREAS, the work of Correctional Officers and correctional personnel comes with a huge responsibility to maintain public safety as well as to help inmates develop the skills necessary to become productive members of society; and, WHEREAS, Correctional Officers and correctional personnel deserve our show of support, as we utilize this week to honor their hard work, professionalism, dedication, and courage throughout the performance of their demanding and often conflicting roles and efforts to protect public safety. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of May 6 through May 12, 2018, be designated as National Correctional Officers and Employees Week in Indian River County. Adopted this 8th day of May, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Susan Adams Joseph E. Flescher Tim Zorc 1 7. /�. P4 Aft "rIaP4AkL � a WEE A L F G A C le C3 F H O M a R 2018 "- per VERO I - CH E 5 gASTIAN 0 („� �+ POLIC.� OLICE Q C` ��� • oP : •� ��� ��� s� Fs pE T pARTMEN-r pOl%C� rpWN of oRcHlp o �► , r —tib . i W ; t }. r. W 1 u �S� �k: pOCICE DEPS• � �- � '- � � ?P�0►. )H FLORIDA F'��Q IN7EGRI FIRSTry Ft* , �`� �N C ��• �� Tl O Wreath Placement Ceremony for Fallen Law Enforcement Officers RESPECT. HONOR REMEMBER Please join us in honoring our fallen heroes: Monday, May 1411, 2018 at 10:00am Front Steps of the Indian River County Courthouse 2000 16th Ave, Vero Beach, FL 32960 **Light refreshments will be served after ceremony** Keynote Speaker: Representative Erin Grall Republican District 54 2 ,I JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance.Department 1801271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: April 26, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS April 20, 2018 to April 26, 2018 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 April 20, 2018 to April 26, 2018. 3 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 366394 04/20/2018 TAYLOR ANNE HATTON 30.00 366395 04/23/2018 'HAI LEY NEVILLE 365.87 366396 04/26/2018 UTIL REFUNDS 68.01 366397 04/26/2018 UTIL REFUNDS 55.76 366398 04/26/2018 UTIL REFUNDS 43.18 366399 04/26/2018 UTIL REFUNDS 83.2,1 366400 04/26/2018 UTIL REFUNDS 34.29 366401 04/26/2018 UTIL REFUNDS 65.69 366402 04/26/2018 UTIL REFUNDS 33.45 366403 04/26/2018 UTIL.REFUNDS 35.21 366404 04/26/2018 UTIL REFUNDS 57.33 366405 04/26/2018 UTIL REFUNDS 88.11 366406 04/26/2018 UTIL REFUNDS 85.42 366407 04/26/2018 UTIL REFUNDS 36.13 366408 04/26/2018 UTIL.REFUNDS 9.63 366409 04/262018 UTIL REFUNDS 29.86 366410 04126/2018 UTIL REFUNDS 24.49 366411 04/26/2018 UTIL REFUNDS 30.19 366412 04/26/2018 UTIL REFUNDS 11.18 366413 04/26/2018 UTIL REFUNDS 41.19 366414 0426/2018 UTIL REFUNDS 44.80 366415 04/26/201.8 UTIL REFUNDS 67.04 366416 04/26/2018 UTIL REFUNDS 64.44 366417 04/26/2018 UTIL.REFUNDS 83.49 366418 04/26/2018 UTIL REFUNDS 88.06 366419 04/26/2018 UTIL REFUNDS 7.65 366420 04/26/2018 UTIL REFUNDS 68.06 366421 04/26/2018 UTIL REFUNDS 4659 366422 0426/2018 UTIL REFUNDS 42.46 366423 04262018 UTIL REFUNDS 65.82 366424 0426/2018 UTIL REFUNDS 95.27 366425 0426/2018 UTIL REFUNDS 42.32 366426 04/26/2018 UTIL REFUNDS 14.34 366427 04/26/2018 UTIL REFUNDS 38.77 366428 04/26/2018 UTIL REFUNDS 14.91 366429 0426/2018 UTIL REFUNDS 39.84 366430 04/262018 UTIL REFUNDS 171.39 36643.1 04262018 UTIL REFUNDS 46.02 366432 04/26/2018 UTIL REFUNDS 32.40 366433 04/262018 UTIL REFUNDS 53.48 366434 04/26/2018 PAUL CARONE 4,759.00 366435 04/262018 WILLIE C REAGAN 850.00 366436 04/26/2018 TREASURE COAST HOMELESS SERVICES 7.200.00 366437 04126/2018 TREASURE COAST HOMELESS SERVICES 8,468.04 366438 04/26/2018 LARRY STALEY 581.00 366439 04/26/2018 PINNACLE GROVE LTD 2,331.00 366440 04/26/2018 VERO CLUB PARTNERS LTD 3,330.00 366441 04/26/2018 DAVID SPARKS 700.00 366442 04/2612018 THE PALMS AT VERO BEACH 1,102.00 366443 04/26/2018 JOHN OLIVIERA 716.00 366444 04/26%2018 ARTHUR PRUETT 484.00 366445 04/26/2018 MICHAEL JAHOLKOWSKI 547.00 366446 04/262018 LUCYB'HENDR.ICKS 661.00 366447 04262018 ROBERT LBRACKETT 515.00 366448 04%26/2018 SYLVEST.ER MC INTOSH 365.00 366449 0426/2018 PAULA WHIDDON 553.00 366450 04/26/2018 MISS INC OF THE TREASURE COAST 1,734.00 366451 04/26/2018 DANIEL CORY MARTIN 2,241.00 4 TRANS NRR DATE VENDOR AMOUNT 366452 04/26/2018 MARK BAER 2,920.00 366453 04/26/2018 JUAN CHAVES 700.00 366454 04/26/2018 REID REALTY 656.00 366455 04/26/2018 FOUNDATION FOR AFFORDABLE RENTAL 767.00 366456 04/26/2018 INDIANTOWN NON-PROFIT HOUSING INC 670.00 366457 04/26/2018 H&H SHADOWB.ROOK LLC 567.00 366458 04/26/2018 HUMAYUN SHAREEF 1,200.00 366459 04/26/2018 VERO BEACH PLACE LLC 2,510.00 366460 04/26/2018 GNS REAL ESTATE HOLDINGS LLC 811.00 366461 04/26/2018 COALITION FOR ATTAINABLE HOMES INC 1,054.00 366462 04/26/2018 HELPING HANDS REAL ESTATE & INVESTMENT CO 2.679.00 366463 04/26/2018 1135 RENTALS LLC 850.00 366464 04/26/2018 BLUE DRAGON MANAGEMENT LLC 1,100.00 366465 04126/2018 MCLAUGHLIN PROPERTIES LLC 536.00 366466 04/26/2018 HOWARD R BRENNAN 556.00 366467 04/26/2018 NKW PIP HOLDINGS I LLC 827.00 366468 04/26/2018 MAXIPLEX LLC 5.303.00 366469 04/26/2018 RANDY BETHEL 735.00 366470 04/26/2018 SPACE COAST REALTY CORP 562.00 366471 04/26/2018 SPACE COAST REALTY CORP 750.00 366472 04/26/2018 570 13TH PLACE LLC 723.00 366473 04/26/2018 JORDAN MOWER INC 916.04 366474 04/26/2018 LENGEMANN CORP 656.00 366475 04/26/2018 RANGER CONSTRUCTION IND INC 1,182.88 366476 04/26/2018 VERO CHEMICAL DISTRIBUTORS INC 1.089.70 366477 04/26/2018 RICOH USA INC 162.98 366478 04/26/2018 R.ICOH USA INC 1,289.92 366479 04/26/2018 CHISHOLM CORP OF VERO 222.84 366480 04/26/2018 SAFETY PRODUCTS INC 349.69 366481 04/26/2018 AT&T WIRELESS 1,107.32 366482 04/26/2018 E-Z BREW COFFEE & BOTTLE WATER SVC 85.39 366483 04/26/2018 GRAINGER 510.07 366484 04/26/2018 AMERIGAS EAGLE PROPANE LP 1,978.47 366485 04/26/2018 HACH CO 2,418.73 366486 04/26/2018 LFI FORT PIERCE INC 492.75 366487 04/26/2018 DEEP SIX DIVE SHOP INC 144.90 366488 04/26/2018 BRODART COMPANY 12,546.86 366489 04/26/2018 ANIMAL CARE EQUIPMENT & SERVICES 153.50 366490 04/26/2018 EXPRESS REEL GRINDING INC 2,600.00 366491 04/26/2018 TIRESOL.ES OF BROWARD INC 4,724.00 366492 04/2612018 CITY ELECTRIC SUPPLY 381.67 366493 04/26/2018 CHILDCARE RESOURCES OF IRC INC 43,782.22 366494 04/26/2018 DELL MARKETING LP 3,175.00 366495 04/26/2018 BAKER & TAYLOR INC 1,597.48 366496 04/26/2018 MIDWEST TAPE LLC 222.85 366497 04/26/2018 MICROMARKETING LLC 131.17 366498 04/26/2018 K & M ELECTRIC SUPPLY 70.61 366499 04/26/2018 ENCORE BROADCAST EQUIPMENT SALES 212,423.45 366500 04/26/2018 BAKER DISTRIBUTING CO LLC 549.66 366501 04/26/2018 CENGAGE LEARNING INC 23.39 366502 04/26/2018 SOFTWARE HARDWARE INTEGRATION 279.00 366503 04126/2018 CLERK OF CIRCUIT COURT 4,500.00 366504 04/26/2018 CLERK OF CIRCUIT COURT 80.00 366505 04/26/2018 CITY OF VERO BEACH 6,600.53 366506 04/26/2018 CITY OF VERO :BEACH 849.84 366507 04/26/2018 INDIAN RIVERALL FAB INC 974.24 366508 04/26/2018 UNITED PARCEL SERVICE INC 47.56 366509 04/26/2018 HENRY FISCHER & SONS INC 740.00 366510 04/26/2018 PUBLIX SUPERMARKETS 46.95 366511 04/26/2018 ARTHUR J GALLAGHER RISK MGMT SERV INC 667.00 5 2 TRANS NBR DATE VENDOR AMOUNT 366512 04/26/2018 MARRIOTT FT LAUDERDALE NORTH 516.00 366513 04/26/2018 ACUSHN.ET COMPANY 3940:17 366514 04/26/2018 CULTURAL COUNCIL OF IRC 4,714.80 366515 04/26/2018 DEANGELO BROTHERS INC 232.00 366516 04/2612018 JOHN KING 165.30 366517 04/26/2018 FLORIDA POWER AND LIGHT 86,890.57 366518 04/26/2018 AMERICAN PLANNING ASSOCIATION 180.00 366519 04/26/2018 SUNSHINE STATE ONE CALL OF FL INC 1,264.17 366520 04/26/2018 LANGUAGE LINE-. SERVICES INC 204.16 366521 04/26/2018 IRC HEALTHY START COALITION INC 2,500.00 366522 04/26/2018 IRC HEALTHY START COALITION INC 2,500.00 366523 04/26/2018 IRC HEALTHY START COALITION INC 2,500.00 366524 04/26/2018 IRC HEALTHY STA RT COALITION INC 2,500.00 366525 04/26/2018 BE SAFE SECURITY ALARMS INC 120.00 366526 04/26/2018 KENNETH JAMES BINGHAM JR 40.00 366527 04/26/2018 ALAN C KAUFFMANN 100.00 366528 04/26/2018 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 130.00 366529 04/26/2018 ECONOLITE CONTROL PRODUCTS INC 524.00 366530 04/26/2018 PERKINS COMPOUNDING PHARMACY 87.95 366531 04/26/2018 INSTITUTE OF TRANSPORTATION 595.00 366532 04/26/2018 MICHAELQUIGLEY 60.00 366533 04/26/2018 BROADCAST MUSIC INC 12.60 366534 04126120'18 THE AVANTI COMPANY INC 1.374.00 366535 04/26/2018 RUSSELL PAYNE INC 464,73 366536 04/26/2018 TRANE US INC 73,462.20 366537 04/26/2018 CINTAS CORPORATION NO 2 209.03 366538 04/26/2018 DASIE BRIDGEWATER HOPE CENTER INC 4,014.94 366539 04/26/2018 FLORIDA RURAL LEGAL SERVICES INC 3,222.72 366540 04/26/2018 FASTENALCOMPANY 34.66 366541 04/26/2018 CENTRAL PUMP & SUPPLY INC 316.91 366542 04/26/2018 STAPLES CONTRACT & COMMERCIAL INC 1,154,53 366543 04/26/2018 HEVERON GROUP INC 19,039.00 366544 04/26/2018 GERELCOM INC 17,402.72 366545 04/26/2018 HINKLE & SONS SERVICES INC 5.100.00 366546 04/26/2018 PETER 0BRYAN 44.09 366547 04/26/2018 JOHNNY B SMITH 40.00 366548 04126/2018 MOORE MEDICAL LLC 2,365.68 366549 04/26/2018 DYNAMIC AIR QUALITY & COOLING INC 453.39 366550 04/26/2018 CEMEX 1,014,50 366551 04/26/2018 REDLANDS CHRISTIAN MIGRANTASSOC 3,318.66 366552 04126/2018 INDIAN RIVER C14ARTER HIGH SCHOOL 22.50 366553 04/26/2018 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 3,000.00 366554 04/26/2018 MICHAEL KORPAR 60.00 366555 04/26/2018 AMER.IMARK INC 5._760.93 366556 04126/2018 KATHLEEN P DOUGHERTY 60.00 366557 04/26/2018 MARINCO BIOASSAY LABORATORY INC 1.040.00 366558 04/26/2018 K'S COMMERCIAL CLEANING 998.89 366559 04/2612018 YOUTH GUIDANCE DONATION FUND 1,250.00 366560 04/26/2018 NICOLACE MARKETING INC 950.00 366561 04/26/2018 WEST CONSTRUCTION INC 342,627.45 366562 04/26/2018 GHO HOMES CORPORATION 9,548.53 366563 04/26/2018 HEATHER HATTON 100.00 366564 0412612018 GFA INTERNATIONAL INC 21,593.25 366565 04/26/2018 PRIMARY FLOW SIGNAL INC 2,505.66 366566 04/26/2018 LOWES HOME CENTERS INC 1,529.02 366567 04/26/2018 CARDINAL HEALTH 110 INC 2,099.65 366568 04/26/2018 ADAMS FENCE 2 LLC 1,260.00 366569 04/26/2018 TRV ADVERTISTING & MARKETING INC 751.00 366570 04/26/2018 BURNETT LIME CO INC 6,384.00 366571 04/26/2018 IMPECCABLE SIGNS INC 176.00 6 ., TRANS N.BR DATE VENDOR AMOUNT 366572 04/26/2018 LEARNING ALLIANCE 17,099.97 366573 04/26/2018 TREASURE COAST TURF INC 450.00 366574 04/26/2018 CARMEN LEWIS 261.50 366575 04/26/2018 STRAIGHT OAK LLC 1,762.62 366576 04/26/2018 SCADA SOLUTIONS LLC 1.800.00 366577 04/26/2018 SOUTHERN MANAGEMENT LLC 133.50 366578 04/26/2018 C E R SIGNATURE CLEANING 5,850.00 366579 04/26/2018 CHEMTRADE CHEMICALS CORPORTATION 2,275.62 366580 04/26/2018 COAST TO COAST COMPUTER PRODUCTS 649.45 366581 04/26/2018 THE LAW OFFICES OF 300.00 366582 04/26/2018 BERNARD EGAN & COMPANY 11.480.24 366583 04/26/2018 EAST COAST VETERINARY SERVICES LLC 151.00 366584 04/26/2018 LUDLUM MEASUREMENTS INC 833.00 366585 04/26/2018 FLORIDA ASSOCIATION OF EMS 125.00 366586 04/26/2018 HAWKINS INC 2,334.50 366587 04/26/2018 THE TRANSIT GROUP INC 14,799.10 366588 04/26/2018 SCRIPPS NP OPERATING LLC 2.260.17 366589 04/26/2018 COCA COLA BEVERAGES FLORIDA LLC 152.03 366590 04/26/2018 VENMILL INDUSTRIES INC 209.97 366591 04/26/2018 UNIFIRST CORPORATION 793.42 366592 04/2612018 SITEONE LANDSCAPE SUPPLY LLC 219.11 366593 04/26/2018 GOTTA GO GREEN ENTERPISES INC 220.70 366594 04/2612018 GUARDIAN ALARM OF FLORIDA LLC 612.50 366595 04/26/2018 CROSSOVER MISSION 12,500.00 366596 04/26/2018 STEVES FROZEN CHILLERS OF FLORIDA SPACE CORS" 288.00 366597 04/26/2018 WEDGEWOOD RENTALS LLC 500.00 366598 04/26/2018 MATHESON TRI -GAS INC 5,777.85 366599 04/26/2018 PEOPLE READY INC 4,338.38 366600 04/26/2018 ROBERT O RICHARDSON 111 40.00 366601 04/26/2018 COLE AUTO SUPPLY INC 1,816.29 366602 04/26/2018 INNOVATIVE CONCEPTS LLC 466.50 366603 04/26/2018 JAMES W ENNIS 150.00 366604 04/26/2018 MARISAALEXANDER 12.00 366605 04/26/2018 KIMBERLY RICCIARDONE 60.00 366606 04/26/2018 VERO BEACH GOLDEN GRADS 254.47 366607 04/26/2018 BETH NOLAN 50.00 366608 04/26/2018 VBRC INC 136.62 366609 04/26/2018 THOMAS R PILIERO 56.00 366610 04/26/2018 AQUATIC SYNERGY LLC 30.00 366611 04/26/2018 WEST HEALTH ADVOCATE SOLUTIONS INC 11447.05 366612 04/26/2018 CALVIN G.IORDANO & ASSOCIATES INC 12,600.00 366613 04/26/2018 GOVDIRECT INC 720.96 366614 04/26/2018 CORE & MAIN LP 1,901.66 366615 04/26/2018 ERIC SKALA 60.00 366616 04/26/2018 FIRST CHURCH OF THE NAZARENE INC 326.60 366617 04/26/2018 DJD EQUIPMENT HOLDINGS LLC 2,988.95 366618 04/26/2018 ABISCOM INC 452.19 366619 04/26/2018 NEW SOUTH TRACTOR LLC 2,950.00 366620 04/26/2018 JOHN BOYER 92.66 366621 04/26/2018 SMITHCO WEST PALM BEACH INC 822.00 366622 04/26/2018 ACTION RENTALS VRB LLC 2.060.42 366623 04/26/2018 JOSEPH LOKINO 40.00 366624 04/26/2018 BEST VERSION MEDIA LLC 244.00 366625 04/26/2018 SHAWN MC CLAIN 60.00 366626 04/26/2018 HANCOCK FARM & SEED CO INC 1,230.48 366627 04/26/2018 TAYLOR ANNE HATTON 100.00 366628 04/26/2018 ROUER BRANDON 1,571.00 Grand Total: 1,141,185.89 7 4 ELECTRONIC PAYMENTS - WIRE & ACH. TRANS NBR DATE VENDOR AMOUNT 5874 04/20/20.18 NATIONWIDE SOLUTIONS RETIREMENT INC 54,658.87 5875 04/20/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 3,592.54 5876 04/20/2018 IRC FIRE FIGHTERS ASSOC 9,668.92 5877 04/20/2018 TEAMSTERS .LOCAL UNION 4769 5.562.00 5878 04/20/2018 TOTAL ADMINISTRATIVE SERVICES CORP 10,567.87 5879 04/20/2018 IRC CHAMBER OF COMMERCE 18,350.75 5880 04/20/2018 IRC CHAMBER OF COMMERCE 5.559.81 5881 04/23/2018 IRS -PAYROLL TAXES 425,250.16 5882 04/23/2018 FL SDU 5.821.77 5883 04/24/2018 MUTUAL OF OMAHA 1.922.50 5884 04/24/2018 CHARD SNYD:ER & .ASSOCIATES INC 95.60 5885 04/24/2018 BLUE CROSS R BLUE SHIELD OF FLORIDA INC 532.14 5886 04/2412018 BLUE CROSS &,BLUE SHIELD OF FLORIDA INC 11,900.00 5887 04/24/2018 INDIAN RIVER COUNTY SHERIFF 97,814.00 5888 04/24/2018 I R C HEALTH INSURANCE - TRUST 87,782.78 5889 04/25/2018 FLORIDA DEPT OF FINANCIAL SERVICES 14,642.08 Grand Total: 753,721.79 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1013193 04/20/2018 COPYCOINC 54.90 1013194 04/2012018 SOUTHERN JANITOR SUPPLY INC 1,053.02 1013195 04/20/2018 METRO FIRE PROTECTION SERVICES INC 2,435.46 1013196 04/20/2018 NEXAIR LLC 639.38 1013197 04/2012018 AT&T 1.353.79 1013198 04/20/2018 OFFICE DEPOT BSD CUSTOMER SVC 1,711.86 1013199 04/20/2018 COMCAST 150.79 1013200 04/20/2018 WASTE MANAGEMENT :INC 4.40 10133201 04/25/2018 OFFICE DEPOT BSD CUSTOMER SVC 2.100.28 101.3202 04/25/2018 WASTE MANAGEMENT INC 1.771.29 1013203 04/2612018 EVERGLADES FARM EQUIPMENT CO .INC 281.45 1013204 04/26/2018 SSSS INC 26.00 1013205 04/26/2018 HENRY SCHEIN INC 134.78 1013206 04262018 COLD AIR DISTRIBUTORS WAREHOUSE 166.09 1013207 04/26/2018 INDIAN RIVER BATTERY 826.83 1013208 04/26/2018 INDIAN RIVER OXYGEN INC 46.00 1013209 04/26/2018 MIKES GARAGE & WRECK.ER. SERVICE INC 65.00 1013210 04/26/2018 DAVES SPORTING GOODS & TROPHIES 1.943.76 1013211 04/26/2018 WATER SAFETY PRODUCTS INC 11558.95 1013212 04/262018 GALLS LLC 526.41 1013213 04/26/2018 ALLIED UNIVERSAL CORP 7,646.29 1013214 04126/2018 GROVE WELDERS INC 193.05 1013215 04/26/2018 SOUTHERN COMPUTER WAREHOUSE 1.378.79 1013216 04/26/2018 FIRST HOSPITAL LABORATORIES INC 387.00 1013217 04/26/2018 COMO OIL COMPANY OF .FLORIDA 362.06 1013218 04/26/2018 SH'R1EVE CHEMICAL CO 4.700.66 1013219 04/26/2018 RECHTI.EN INTERNATIONAL TRUCKS 229.90 1013220 04/26/2018 SOUTHERN JANITOR SUPPLY INC 244.48 1013221 04/26/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 291.66 1013222 04/26/2018 L&. 1, DISTRIBUTORS 330.88 10.13223 04/262018 HYDRA SERVICE (S) INC 38,976.00 1013224 04/262018 RADWELL INTERNATIONAL INC 97.41 1013225 04262018 CM&S INDUSTRIES INC 3,975.00 101.3226 0426/2018 NEXAIR LLC 13.72 Grand Total: 75,677.34 9 0.13. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, County Engineer SUBJECT: FDOT Small County Outreach Program (SCOP) Agreement and Authorizing Resolution for Resurfacing/Reclamation of 58th Avenue (North of 57th Street to 85th Street/CR510) FM No. 436416-1-54-01, IRC -1325 DATE: April 17, 2018 DESCRIPTION AND CONDITIONS Indian River County applied for and received a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in the amount of $1,946,618.00 forthe reconstructing of 58th Avenue from north of 57th Street to 85th Street/CR510, as well as for construction engineering inspection (CEI) services (estimated total cost for the project is $4,073,870.00). The proposed improvements to 58th Avenue from north of 57th Street to 85th Street/CR510 consist of reconstructing the roadway utilizing full depth reclamation, milling and resurfacing, widening the existing shoulders to 5 -feet, structural asphalt, surface asphalt, drainage improvements, waterline directional bore, utility adjustments, signing, and pavement markings. The County's portion is estimated to be $2,127,252.00. FUNDING Funding for the County's cost share in the amount of $2,127,252.00 will be funded by Account Number 10921441-053360-16023 Secondary Roads/FDOT SCOP Grant/58th Avenue Resurfacing -57th Street to CR510.. RECOMMENDATION Staff recommends the Board approve the FDOT SCOP Agreement (FM No. 436416-1-54-01) and Resolution and authorize the Chairman to execute the same. ATTACHMENTS 1. Indian River County Grant Form 2. Authorizing Resolution 3. FDOT Small County Outreach Program (SCOP) Agreement FM No. 436416-1-54-01 DISTRIBUTION FDOT APPROVED AGENDA ITEM FOR MAY 8.2018 10 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FCODAEED\@BCL@FCODAEED.doe GRANT NAME: FDOT Small County Outreach Program (SCOP) 58t1 Avenue/CR-613 (57t1 Street to 85t1 Street/CR-510) GRANT # 436416-1-54-01 AMOUNT OF GRANT: $1,946.618.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: James W. Ennis, P.E. PMP, County Engineer TELEPHONE: (772) 226-1221 1. How long is the grant for? Until June 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 52.217 % 5. Grant match amount required!�9,127,252 00 Starting Date: Once FDOT issues NTP Yes X No X Yes No Yes X No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs: (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) $ N/A Yes X No YesX 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 1 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $9,127,25200 Signature of Preparer: Date: 11 Grant Amount Other Match Costs Not Covered Match Total First Year $ 1,946,618.00 $ $2,127,252.00 $ 4,073,870.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ 1 $ 1 $ I $ Signature of Preparer: Date: 11 RESOLUTION NO. 2018 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION (RECLAMATION/RESURFACING) OF 58TH AVENUE/CR-613 FROM 57TH STREET TO 85TH STREET/CR-510. WHEREAS, the reclamation/resurfacing of 58th Avenue/CR-613 from 57TH Street to 85th Street/CR510 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 the reclamation/resurfacing of 58th Avenue from 57th Street/CR-613 to 85th Street/CR-510, as well as widening existing shoulders to five feet, minor drainage improvements, waterline directional bore, utility adjustments, signing and pavement markings under the Small County Outreach Program (SCOP); and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 25 percent or more of the cost of the total project costs as its portion of the required local match. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation,,a Small County Outreach Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner motion was seconded by Commissioner follows: Chairman Peter D. O'Bryan Vice -Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Susan Adams Commissioner Tim Zorc who moved its adoption. The and, upon being put to a vote, the vote was as The Chairman thereupon declared the resolution passed and adopted this , 2018. BOARD OF COUNTY COMMISSIONERS 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 William D. DeBraal, Deputy County Attorney Peter D. O'Bryan, Chairman C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@640EED2F\@BCL@640EED2F.doc day of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT 525-010-60 PROGRAM MANAGEMENT 01/18 FPN: 436416-1-54-01 Fund: SCOP FLAIR Category: 085576 Org Code: 55043010404 FLAIR Obj: 751000 FPN FPN Fund: _ Org Code: Fund: _ Org Code: County No: Contract No: FLAIR Category: FLAIR Obj: FLAIR Category: FLAIR Obj: Vendor No: VF -596-000-785 THIS STATE -FUNDED GRANT AGREEMENT ("Agreement") is entered into on , (This date to be entered by DOT only) by and between the State of Florida Department of Transportation, ("Department"), and INDIAN RIVER COUNTY, ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a "Party' and collectively as the "Parties" NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7), and (select the applicable statutory authority for the program(s) below): ❑ Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008) M Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009) ❑ Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Legal Authority, Insert Funding Program Name , Insert CSFA Number The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "E", Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the Construction_(Reclamation/Resurfacing) of 58th Avenue/CR-613 from 57th Street to 85th Street/ CR -510 , as further described in Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement ("Project"); to provide Department financial assistance to the Recipient; 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. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before JUNE 30, 2020. If the Recipient 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 Recipient 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 Recipient acknowledges that no funding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement, or for work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, the Page 1 of 14 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT ovls Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department. 4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. 5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable laws or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination in writing within thirty (30) days of the Department's determination to terminate the Agreement, with instructions as to the effective date of termination or to specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. _ c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: a. The estimated cost of the Project is $4,073,870.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached and incorporated in this Agreement. The Schedule of Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties. b. The Department agrees to participate in the Project cost up to the maximum amount of $1,946,618.00 and, additionally the Department's participation in the Project shall not exceed 75% of the total cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. c. The Department's participation in eligible Project costs is subject to, but not limited to: L Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; Page 2 of 14 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-80 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 01/18 ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iii. Department approval of the Project scope and budget at the time appropriation authority becomes available. 7. Compensation and Payment: The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial Assistance in Exhibit "B". b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specifythe 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 "A", Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties. c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts . or vouchers evidencing in proper detail the nature and propriety of charges as described in Attachment F — Contract Payment Requirements. e. Travel expenses are not compensable under this Agreement. f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. ❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "G", Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for Page 3 of 14 15 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT aide 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 deliverables and costs incurred 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(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. 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 Recipient'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. h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. L 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 Recipient 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. j. The Recipient 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. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to, funds approval being received. The Department will notify the Recipient, in writing, when funds are available. I. 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 comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 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 Page 4 of 14 16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 01/18 which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." m. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation, shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. In. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient 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. 8. General Requirements: The Recipient 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. a. The Recipient must obtain written approval from the Department prior to performing itself (through the efforts of its own employees) any aspect of the Project that will be funded under this Agreement. ❑ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). b. The Recipient shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. 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. c. The Recipient 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. d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or additional work on the Project under this Agreement without the prior written approval of the claim or request for additional work by Department. 9. Contracts of the Recipient a. The Department has the right to review and approve any and all third party contracts with respect to the Project before the Recipient executes any contract or obligates itself in any manner requiring the disbursement of Department funds under this Agreement, including consultant or construction contracts or amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval, the Department may deny payment to the Recipient. The Department may 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 hereto that participation by the Department in a project that involves the purchase of commodities or contractual services or the purchasing of capital equipment or the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of Page 5 of 14 17 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT ov16 commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that are not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department. c. Participation by the Department in a project that involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. 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 Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 10. Design and Construction Standards and Required Approvals: In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide the Department with written notification of either its intent to: L Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient's use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant for the design phase of the Project using the Recipient's normal procurement procedures to perform the design services for the Project. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of Page 6 of 14 18 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT olna construction contemplated by the Project, including, as applicable, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. All design work for any portion of the Project to be located on Department right-of-way shall conform to all applicable standards of the Department, as provided in Exhibit "F", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement if a portion of the Project will be located on FDOT's right of way. f. The Recipient shall adhere to the Department's Conflict of Interest Procedure (FDOT Topic No. 375-030- 006) or Conflict of Interest Procedure for State Funded Grant Programs (FDOT Topic No. 750-000-002). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient's contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as -built plans of any portions of the Project funded through the Agreement prior to final inspection. 11. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ❑ shall ❑ shall not maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "E". This provision will survive termination of this Agreement. 12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Recipient's use of state financial assistance may include but not be limited to on - Page 7 of 14 19 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT olna 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 state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: In the event the Recipient meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient must have a State single or project -specific audit conducted 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 "D" to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, 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. ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Page 8 of 14 20 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT olna Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAudit(cDdot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen Iocalaovt(a)aud.state.fl.us v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Recipient's financial, reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or its designee, DFS or the Auditor General access to the Recipient'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. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the 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. 13. Restrictions, Prohibitions, Controls and Labor Provisions: a. 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. b. 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 Page 9 of 14 21 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 01/18 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. c. 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 Recipient. d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. The Recipient shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. g. The Recipient 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. 14. Indemnification and Insurance: a. 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 Recipient guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Recipient agrees to indemnify and hold harmless the Department , including the Department's 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 Recipient and persons employed or utilized by the Recipient in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. Additionally, the Recipient agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Recipient's contractor/consultant shall indemnify and hold harmless the Recipient and the State of Florida, Department of Transportation, including the Department's 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 or consultant and persons employed or utilized by the contractor or consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida or the Recipient's sovereign immunity." Page 10 of 14 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT o1i1a b. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Recipient elects to self -perform the Project, and such self -performance is approved by the Department in accordance with the terms of this Agreement, the Recipient may self -insure and proof of self-insurance shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Recipient is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is,the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 15. Miscellaneous: Page 11 of 14 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT av16 a. In no event shall any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. b. 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. c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient 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. e. Nothing in the Agreement shall require the Recipient 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 Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. f. 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. g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes i. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 16. Exhibits. a. Exhibits A, B, D, and E, and Attachment F are attached to and incorporated into this Agreement. b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is attached and incorporated into this Agreement. c. ❑ A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit F, Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. d. ❑ The following Exhibit(s), in addition to those listed in 16.a. and 16.b., are attached and incorporated into this Agreement: e. Exhibit and Attachment List Page 12 of 14 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 01/18 Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance *Exhibit C: Engineer's Certification of Compliance Exhibit D: State Financial Assistance (Florida Single Audit Act) Exhibit E: Recipient Resolution *Exhibit F: Terms and Conditions of Construction in Department Right -of -Way *Exhibit G: Alternative Pay Method Attachment F — Contract Payment Requirements *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. The remainder of this page intentionally left blank. Page 13 of 14 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION (Name of RECIPIENT) 525-010-60 PROGRAM MANAGEMENT Ov18 BY: BY: TITLE: CHAIRMAN TITLE: ACTING DIRECTOR OF TRANSP. DEVELOPMENT Print Name: PETER D. O'BRYAN Print Name: MARK PLASS, P.E. Date: OFFICE OF THE GENERAL COUNSEL ATTEST: LEGAL REVIEW: Jeffrey R. Smith, Clerk of Court & Comptroller LIM Deputy Clerk See attached encumbrance form for date of Funding approval by Comptroller. APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 Page 1 of 1 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 436416-1-54-01 This exhibit forms an integral part of the State -Funded Grant Agreement between the State of Florida, Department of Transportation and INDIAN RIVER COUNTY (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 3.5 MILES: 58TH Avenue/CR-613 from 57th Street to 85th Street/CR-510 PROJECT DESCRIPTION: This Project will consist of the rehabilitation 3.5 miles of the existing pavement section on 58th Avenue from 57th Street to 85th Street/CR-510 utilizing full depth reclamation technique. The intersection fo 691h Street will be upgraded to provide left -turn movement in all directions. The 69th Street intersection upgrade will include full depth reclamation pavement technique, milling of existing pavement and a full signalized intersection. The newly reconstructed roadways will provide two-lane travel, with 5 -foot bike lane and stabilized shoulders. The pavement design will follow the DEPARTMENT'S flexible pavement design and will include structural course and friction course. Other improvements include, utility relocations and installation of pavement markings. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Construction to be completed by JUNE 30, 2020. If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: 27 NON -ELIGIBLE FOR PAYMENT Exhibit A DELIVERABLES FM# 436416-1-54-01 ITEM NO. DESCRIPTION IL UNIT ESTIIMTATED 101-1 MOBILIZATION LS 1 102-1 MAINTENANCE OF TRAFFIC LS 1 104-1 ARTIFICALCOVE RINGS/ROLLED EROSION CONTROL PRODUCTS LS 1 110-1-1 CLEARING & GRUBBING LS 1 110-7-1 MAILBOX RELOCATION EA 38 120-1 REGULAR EXCAVATION CY 2,383 120-2 BORROW EXCAVATION (RECLAIMED FDR) CY 3,650 120-6 EMBANKMENT CY 1,947 121-70 FLOWABLE FILL (NON-EXCAVATABLE) CY 152 160-4 TYPE B STABILIZATION 3' SHOULDER (LBR40) 12" SY 6,600 285-709 OPTIONAL BASE, GROUP 9 (LBR 100) (10" LIMEROCK) SY 1,700 327-70-1 MILL EXISTING ASPHALT (1" AVERAGE DEPTH) SY 3,700 332-1 RECLAIMED ASPHALT BASE COURSE (FULL DEPTH RECLAMATION) 12" SY 9,200 332-2 ASPHALT EMULSION TYPE CSS-lh - PAYMENT WILL BE BASED ON ACTUAL QUANTITY GAL 227,435 332-3 CEMENT TYPE 1 OR TYPE 2 - PAYMENT WILL BE BASED ON ACTUAL QUANTITY TN 955 334-1-13 TYPE SP - 12.5 ASPHALTIC CONCRETE (2" THICK) PG 76-22 PMA SY 49,000 334-1-13A TYPE SP - 12.5, ASPHALTIC CONCRETE CONFORM (VARIABLE THICKNESS) PG 76-22 PMA TN 400 334-1-13B TYPE SP - 12.5, ASPHALTIC CONCRETE DRIVEWAY, (1-1/2") REMOVE AND REPLACE PG 76-22 PMA SY 450 337-7-82 TYPE F.C. - 9.5 ASPHALTIC CONCRETE (1" THICK) SY 49,000 425-2-14 MANHOLE ALTA, 4', P-7 <10' EA 2 425-3-81A JUNCTION STRUCTURE, TYPE E,<10' EA 1 425-5 MANHOLE ADJ USTM ENT EA 9 425-5A VAULTADJUSTMENT EA 4 425-6 VALVE BOX ADJ USTM ENT EA 88 425-6A FIRE HYDRANT -ADJUSTMENT EA 5 425-68 FIRE HYDRANT RELOCATION EA 6 425-15-21 DITCH BOTTOM INLET, TYPE C,<10 EA 4 430-175-112 PIPE CULVERT, RCP.ROUND,12",S/CD LF 55 430 -175 -112A PIPE CULVERT, CMP,ROUND,12",S/CD LF 20 430-175-115A PIPE CULVERT, CMP,ROUND,15",S/CD LF 25 430-175-118 PIPE CULVERT, RCP, ELLIPTICAL, 18"X12",S/CD LF 76 430-175-124A PIPE CULVERT, CMP,ROUND,24",S/CD LF 10 430-175-124 PIPE CULVERT, RCP,ROUND,24",S/CD LF 328 430-175-148 PIPE CULVERT, RCP, ROUND, 48" 5/CD LF 295 430-982-121 MITERED END SECTION,RCP,ROUND,12" EA 2 430-982-123 MITERED END SECTION,RCP,ROUND,15" EA 1 430-982-129 MITERED END SECTION,RCP,ROUND,24" EA 2 430-982-129A MITERED END SECTION, CMP, ROUND, 24" EA 2 430-982-625 MITERED END SECTION, RCP,ELLIPTICAL,18"X12" EA 4 520-1-10 CONCRETE CURB & GUTTER, TYPE F LF 350 522-2 CONCRETE, 6" THICK, FIBER REINFORCED SIDEWALK SY 170 527-2 DETECTABLE WARNING STRIPS SF 500 530-3-3A RIP RAP, RUBBLE, BANK AND SHORE CY 600 536-1-1A GUARDRAIL, LONG STEEL POSTS WITH A.C. LF 1,590 536-85-24 GUARDRAIL END ANCHORAGE ASSEMBLY PARALLEL EA 8 550-10-231 i FENCE, TYPE B WITH BARBED WIRE LF 1,015 550-60-223 1 FENCE GATE, TYPE B WITH BARBED WIRE, 12.1'-18.0' EA NON -ELIGIBLE FOR PAYMENT Exhibit A DELIVERABLES FM# 436416-1-54-01 ITEM NO. DESCRIPTION UNIT ESTIMATED QTY. 570-1-2 PERFORMANCE TURF - SOD (BAHIA,MATCH EXIST) SY 37,600 630-2-11 CONDUIT, F&I, OPEN TRENCH LF 8 630-2-14 CONDUIT, F&I, ABOVEGROUND LF 25 632-7-1 ISIGNAL CABLE - NEW OR RECONSTRUCTED INTERSECTION, FURNISH & INSTALL PI 1 634-4-153 SPAN WIRE ASSEMBLY, F&I, TWO POINT, BOX PI 1 635-2-11 PULL & SPLICE BOX, F&I, 13'X24' COVER SIZE EA 4 639-1-122 ELECTRICAL POWER SERVICE, F&I, UG, METER PURCHASED BY CONTRACTOR AS 1 639-2-1 ELECTRICAL SERVICE WIRE, FURNISH & INSTALL LF 100 641-2-18 PRESTRESSED CONCRETE POLE, F&I, TYPE P -VIII EA 4 641-2-80 PRESTRESSED CONCRETE POLE, COMPLETE REMOVAL EA 2 650-1-24 TRAFFIC SIGNAL, FURNISH & INSTALL POLYCARBONATE W/ALUM TOP, 3 SECTION, 1 WAY AS 4 650-1-29 TRAFFIC SIGNAL, FURNISH & INSTALL POLYCARBONATE W ALUMIN, 5 SECTION CLUSTER, 1 WAY AS 4 660-4-11 VEHICLE DETECTION SYSTEM- VIDEO, F&I CABINET EQUIPMENT EA 1 660-4-12 VEHICLE DETECTION SYSTEM -VIDEO, F&I ABOVE GROUND EQUIPMENT EA 4 670-5-111 TRAFFIC CONTROLLER ASSEMBLY, F&I AS 1 700-1-11 SINGLE POST SIGN, F&I GROUND MOUNT, UP TO 12 SF AS 2 700-1-50 SINGLE POST SIGN, RELOCATE AS 29 700-1-60 SINGLE POST SIGN, REMOVE AS 2 700-3-601 SIGN PANEL, REMOVE, UP TO 12 SF EA 2 700-5-22 INTERNALLY ILLUMINATED SIGN, F&I, OVERHEAD MOUNT, 12-18 SF EA 4 706-3 RETRO -REFLECTIVE PAVEMENT MARKERS EA 1,449 711-11-123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR CROSSWALK AND ROUNDABOUT LF 1,044 711-11-125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINE AND CROSSWALK LF 381 711-11-141 THERMOPLASTIC, STANDARD, WHITE, 2'-4' DOTTED GUIDELINE/ 6'-10' GAP EXTENSION, 6" GM 0.04 711-11-160 THERMOPLASTIC, STANDARD, WHITE, MESSAGE SCHOOL EA 1 711-11-170 THERMOPLASTIC, STANDARD, WHITE, ARROW EA 43 711-11-224 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR DIAGONAL OR CHEVRON LF 954 711-14-125 THERMOPLASTIC, PREFORMED, WHITE, SOLID, 24" FOR CROSSWALK LF 531 711-14-160 THERMOPLASTIC, PREFORMED, WHITE, MESSAGE EA 33 711-14-170 THERMOPLASTIC, PREFORMED, WHITE, ARROW (BIKE THRU) EA 33 711-16-101 THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SOLID, 6" GM 8.50 711-16-201 THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, SOLID, 6" GM 7.55 711-16-231 THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, SKIP, 6" GM 1.04 715-5-11 LUMINAIRE & BRACKETARM, F&I, ALUMINUM EA 5 999-1 RECORD DRAWINGS/AS=BUILTS LS 1 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osi17 EXHIBIT "B" Paget oft SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: INDIAN RIVER COUNTY 436416-1-54-01 1801 27TH STREET VERO BEACH, FLORIDA 32960 I. PHASE OF WORK by Fiscal Year: FY 2018 FY2019 FY TOTAL Design- Phase 34 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Right of Way- Phase 44 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 % Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % % % % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ 0.00 $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Construction/CEI - Phase 54 $ 2,287,985.00 $ 1,785,885.00 $ 0.00 $4,073,870.00 Maximum Department Participation - (Small County Outreach 75% 75% % % Program) or $ 160,733.00 or $ 1,785,885.00 or $ or $ 1,946,618.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") 25% % % % or or or or $ 2,127,252.00 $ 0.00 $ 0.00 $2,127,252.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ 2,127,252.00 $ j $ $ 2,127,252.00 Combination In-Kind/Cash $ $ I $ $ 0.00 30 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 EXHIBIT «B" Page 2 of 2 SCHEDULE OF FINANCIAL ASSISTANCE assary as required by 31 Insert Phase and Number (if applicable) $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or $ or $ or $ or $ 0.00 Maximum Department Participation - (Insert Program Name) or $ or $ or $ or $ 0.00 Maximum Department Participation - (Insert Program Name) % or $ or $ or $ or $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % or $ 0.00 % or $ 0.00 % or $ 0.00 % or $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 II. TOTAL PROJECT COST: $2,287,985.00 $1,785,885.00 $0.00 $4,073,870.00 assary as required by 31 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 Page 1 of 1 EXHIBIT "C" ENGINEER'S CERTIFICATION OF COMPLIANCE Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. NOTICE OF COMPLETION STATE -FUNDED GRANT AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and INDIAN RIVER COUNTY PROJECT DESCRIPTION: Construction (Reclamation/Resurfacing) of 58th Avenue/CR-613 from 57th Street to 85th Street/ CR -510 FPID#: 436416-1-54-01 In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20_. By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification the Recipient shall furnish the Department a set of "as -built" plans certified by the Engineer of Record/CEI. SEAL: By: P.E. Name: Date: 32 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT EXHIBIT D STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) 525-010-60 PROGRAM MANAGEMENT 09/17 Page 1 of 1 THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Awarding Agency: Florida Department of Transportation State Project Title ❑ County Incentive Grant Program (CIGP), (CSFA 55.008) and CSFA ® Small County Outreach Program (SCOP), (CSFA 55.009) Number: ❑ Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Program Name, Insert CSFA Number *Award Amount: $1,946,618.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number is provided at: httr)s:Happs.fldfs.com/fsaa/search Catalog. aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number are provided at: https:Happs.fldfs.com/fsaa/searchCompliance.asi)x The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx 33 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn 7 Page 1 of 1 EXHIBIT "E" RECIPIENT RESOLUTION The Recipient Resolution, or other official authorization, authorizing entry into this Agreement is attached and incorporated into this Agreement. 34 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/17 Page 1 of 1 ATTACHMENT F CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs:lf the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address http://www.mvfloridacfo.com/aadir/reference guide/. 35 'a.c. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Michael Smykowski, Budget Director FROM: Basil Dancy, Computer Services Manager SUBJECT: AT&T Internet Contract Renewal DATE: April 17, 2018 DESCRIPTION AND CONDITIONS The Indian River County Board of County Commissioners entered into an agreement with AT&T to be our Internet Service Provider (ISP). In February 2011, the Board of County Commissioners approved a Master Agreement contract to set the approved pricing schedules. We have been operating under this agreement since that time. In October/November of 2017 AT&T came out with a new pricing schedule for ISP services. Computer Services was notified of this new pricing schedule in December of 2017. Computer Services staff contacted AT&T for updated contract information at that time. We recently received the new pricing schedule contracts which represent a substantial cost savings for the County. The term of the new pricing schedule is 36 months. The connection at the County Administration complex will go from the current charge of $3,778.14 per month to the new $1,103.75 charge. The Emergency Operations Center (EOC) connection will go from the current charge of $1,950.77 to $451.50. Staff has researched available piggyback or State contracts and have not identified any suitable for use. There is no State of Florida contract available to utilize. Staff also contacted the local surrounding agencies to compare ISP procurement practices. The responses we have received indicate that other municipalities have also entered directly into agreements with their local providers of these services without completing a formal solicitation. Pursuant to section 2.5 of the Indian River County Purchasing Manual, routine overhead for these types of utility services are exempt from the purchase requisition and purchase order requirements. There is no statutory requirement for us to bid. The new contract covers existing internet connections currently in use and any future installs or upgrades for Board of County Commissioner connections. Staff is requesting that the Board approve the attached agreement with AT&T. At the same time staff is recommending the approval for the upgrade of the existing connection at the EOC, which is currently a 10 Mb connection compared to the 100 Mb connection at the Administration complex. An upgrade to a matching 100 Mb connection would increase the 36 Page 2 monthly cost to $1,103.75 which is still less than the current $1,950.77. This upgrade gives us a level of redundancy in the event we lose the ISP connection at the Administration complex or the EOC complex, while maintaining consistent connection speed levels. The table on the following page summarizes the various options. FUNDING Because of the estimated cost savings with the new contracted rates there will be no impact or expected cost increases to existing budgets. RECOMMENDATION Staff recommends that the Board approve the attached AT&T pricing schedule contract and authorize the Chair to sign the Pricing Schedule contract including the upgrade of the ISP connection at the EOC Complex, after review and approval by the County Attorney. ATTACHMENTS 1. AT&T Contract 2011 2. AT&T Pricing Schedule Contract APPROVED AGENDA ITEM FOR May 8, 2018 37 Monthly Charges with Monthly Charges under Location Current Monthly new ISP Agreement new ISP Agreement Charge with same connection with enhanced speed connection at EOC Administration $3,778.14 $1,103.75 $1,103.75 Complex 100 Mb 100 Mb connection 100 Mb connection connection EOC Complex $1,950.77 $451.50 $1,103.75 10 Mb connection 10 Mb connection 100 Mb Connection Total Monthly $5,728.91 $1,555.25 $2,207.50 Charges plus 1 time installation fee of $1,500 FUNDING Because of the estimated cost savings with the new contracted rates there will be no impact or expected cost increases to existing budgets. RECOMMENDATION Staff recommends that the Board approve the attached AT&T pricing schedule contract and authorize the Chair to sign the Pricing Schedule contract including the upgrade of the ISP connection at the EOC Complex, after review and approval by the County Attorney. ATTACHMENTS 1. AT&T Contract 2011 2. AT&T Pricing Schedule Contract APPROVED AGENDA ITEM FOR May 8, 2018 37 L) ORIGINAL JAN 2 8 2011 +p t AT&T MA Reference No. Im?CIX l / ( yi & MASTER AGREEMENT Customer AT&T Indian River County BOCC AT&T Corp. 1800 27th Street Name: Bob Solari Vero Beach, FL 32960 Title: USA Date: January 11► 2011 Customer Contact for notices AT&T Contact for notices Name: Basil Dancy 701 NORTHPOINT PKWY Title: WEST PALM BEACH, FL 1800 27th Street 33407 Vero Beach , FL With a copy to: 32960 AT&T Corp. United States One AT&T Way Telephone: 7722261256 Bedminster, NJ 07921-0752 Fax: ATTN: Master Agreement Support Team Email: bdaneyflircgov.com Email: mast4a att.com This Master Agreement ("Master Agreement"), between the customer named above ("Customer") and the AT&T entity named above ("AT&T"), is effective when signed by both Customer and AT&T, and continues in effect as tong as Services are provided under this Master Agreement. This Master Agreement will apply to all services and equipment Customer buys from AT&T, now and in the future, that are provided under Pricing Schedules attached to or referencing this Master Agreement ("Services"). Other Services may be provided by signing additional Pricing Schedules at any time. AT&T standard service offerings are described in Tariffs, Guidebooks, Service Guides and other documents identified in this Master Agreement. Customer (by its authorized representative) AT&T b its authorized re resentative 'By.: By: tE} Name: Bob Solari Name: Title: Chairman Title: Contract M3nao9mont Date: January 11► 2011 L Uz_ Q 9k- Ut - G ua_ver_i.rtf APPROVED AS TO FORM AND LEGAL SUFFICIEN BY AEAN S. POLACKWICH COUNTY ATTORNEY AT&T and Customer Confidential Information Page 1 of 9 UA VER 1 07114/08 eCRM ID 38 1. INTRODUCTION 1.1 Overview of Documents. The terms and conditions governing the Services that AT&T provides to Customer are set forth in this Master Agreement, the following additional documents, and any other documents executed by the parties and referencing this Master Agreement (which documents together with this Master Agreement are called "this Agreement"): (a) Pricing Schedules. A Pricing Schedule (including related attachments) identifies the Services AT&T may provide to Customer, the price (including discounts, if applicable) for each Service, and the term during which such prices are in effect ("Pricing Schedule Term'). (b) Tariffs and Guidebooks. "Tariffs" are documents containing the standard descriptions, pricing, and other terms and conditions for a Service that AT&T files with regulatory commissions. "Guidebooks" are documents containing the standard descriptions, pricing, and other terms and conditions for a Service that were, but no longer are, filed with regulatory commissions. Tariffs and Guidebooks may be found at att.comtserviceoublications or other locations AT&T may designate. (c) Acceptable Use Policy. AT&T's Acceptable Use Policy ("AUP") applies to Services provided over or accessing the Internet. The AUP may be found at att.com/aup, or other locations AT&T may designate. (d) Service Guides. The description, pricing, and other terms and conditions for the Service not covered by a Tariff or Guidebook may be contained in a Service Guide, which may be found at att.comiserviceoublications or other locations AT&T may designate. 1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: Pricing Schedules; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that, Tariffs will be first in priority in any jurisdiction where existing law or regulation does not permit contract terms to take precedence over inconsistent tariff terms. 1.3 Revisions to Documents. Subject to Section 8.2(c) (Materially Adverse Change). AT&T may revise Tariffs, Guidebooks, Service Guides or the AUP (collectively 'Service Publications") at anytime. 1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule referencing this Agreement in its own name and such Affiliate contract will be a separate, but associated, contract incorporating the terms of this Master Agreement with respect to that Pricing Schedule. Customer and AT&T will arrange to have their respective Affiliates comply with this Agreement, regardless of whether an Affiliate has signed a Pricing Schedule. 1.5 Capitalized Terms. Capitalized terms not otherwise defined in this Agreement are defined in Section 11 (Definitions). 2. AT&T DELIVERABLES 2.1 Services. AT&T agrees to either provide or arrange to have an AT&T Affiliate provide Services to Customer in accordance with this Agreement, subject to availability and operational limitations of systems. facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. 2.2 AT&T Equipment. Services may include use of certain equipment owned by AT&T that is located at the Site ("AT&T Equipment"), but title to the AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage to AT&T Equipment (other than ordinary wear and tear) except to the extent caused by AT&T or its agents. 2.3 Software. Any software used with the Services will be governed by the written terms and conditions applicable to such software. Title to software remains with AT&T or its supplier. Customer must comply with all such terms and conditions and they take precedence over this Agreement as to such software. 3. CUSTOMER'S COOPERATION 3.1 Access Right. Customer will in a timely manner allow AT&T to access property and equipment that Customer controls as reasonably required to provide the Services, and Customer will obtain, at Customer's expense, timely access for AT&T to property that Customer does not control (other than public property) as reasonably required to provide the Services. ua_ver_i.nf UA VER 1 07114/08 AT&T and Customer Confidential Information Page 2 of 9 eCRM iD 39 Access rights include the right to construct, install, repair, maintain, replace and remove access lines and network facilities, as well as to use ancillary equipment space within a building, as necessary for Customers connection to AT&T's network. Customer must provide AT&T timely information and access to Customers facilities and equipment as AT&T reasonably requires to provide the Services, subject to Customer's reasonable security policies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and other items reasonably required to perform installation of the Services, and obtain any necessary licenses. permits and consents (including easements and rights-of-way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule. 3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides Services is a suitable and safe working environment, free of Hazardous Materials. 'Hazardous Materials" means any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal, or release Is regulated by any law related to pollution, protection of air, water, or soil, or health and safety. AT&T does not handle, remove or dispose of Hazardous Materials, and AT&T has'no obligation to perform work at a location that is not a suitable and safe working environment. AT&T will not be liable for any Hazardous Materials. 3.3 Users. 'User' means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply with this Agreement, and Customer agrees that Customer is responsible for Users' use of any Services, unless expressly provided to the contrary in applicable Service Publications. 3.4 Intemet Services. If a Service is provided over or accesses the internet, Customer, Customer's Affiliates, and Users must comply with the AUP. 3.5 Resale of Services. Customer may not resell the Services to third parties without AT&T's written consent. Where permitted under applicable law, Customer may resell the Services to Customer's Affiliates without AT&T's consent. 4. PRICING AND BILLING 4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. Unless a Pricing Schedule states otherwise, the prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term. No promotion, credit or waiver set forth in a Service Publication will apply unless the Pricing Schedule states otherwise. At the end of a Pricing Schedule Term` Customer will have the option to either: (a) cease using the Service (which will require Customer to take all steps required by AT&T to terminate the Service); or (b) continue using the Service under a month-to- month service arrangement. Unless a Pricing Schedule states otherwise, during any month-to-month service arrangement, the prices, terms and conditions in effect on the last day of the Pricing Schedule Tema will continue until changed by AT&T on 30 days' prior notice to Customer. 4.2 Additional Charges and Taxes. Prices set Forth in a Pricing Schedule are exclusive of, and Customer will pay, all current and future taxes (excluding those on AT&T's net income), surcharges, recovery fees, custom clearances. duties, levies, shipping charges, and other similar charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides satisfactory proof of a valid tax exemption prior to the delivery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due to AT&T, Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by taw or treaty, and Customer will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. 4.3 Billing. Unless a Pricing Schedule specifies otherwise, Customer's obligation to pay for all Services will begin upon installation and availability of the Services to Customer. AT&T will invoice Customer for the Services on a monthly basis, or otherwise as specified in the Pricing Schedule. Customer will pay AT&T without deduction (except for withholding taxes as provided in Section 4.2 - Additional Charges and Taxes), setoff (except as provided in Section 4.5 - Delayed Billing: Disputed Charges), or delay for any reason. At Customers request, but subject to AT&Ts consent (which may be withheld if there will be operational impediments or tax consequences). Customer's Affiliates may be invoiced separately and AT&T will accept payment from such Affiliates. Customer Wit be responsible for payment if Customer's Affiliates do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its reasonable judgment, that Customer or Customer's Affiliates are not creditworthy. 4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements or other statements on checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored payments, including reasonable attorney's fees. AT&T may charge late ua ver i.rtf AT&T and Customer Confidential Information Page 3 of 9 UA VER 1 07/14/08 oCRM ID 40 payment fees (a) for Services contained in a Tariff or Guidebook, at the rate specified therein, or (b) for all other Services, at the lower of 1.5% per month (18% per annum) or the maximum rate allowed by law for overdue payments. 4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services invoiced more than 6 months after close of the billing month in which the charges were incurred, except for automated or live operator assisted calls of any type. If Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charges and the reason it is disputed within 6 months after the date of the affected invoice or Customer waives the right to dispute the charge (except to the extent applicable law or regulation otherwise requires). Disputed charges may be withheld, but if not paid when due, Customer will incur late payment fees in accordance with Section 4.4 (Payments); however, to the extent AT&T determines the charges Customer disputed and withheld were invoiced in error, late payment fees for such charges will be reversed. 4.6 MARC. Minimum Annual Revenue Commitment ("MARC") means an annual revenue commitment of MARC -Eligible Charges set forth in a Pricing Schedule that Customer agrees to satisfy during each 12 consecutive month period of the Pricing Schedule Tenn. At the end of each such 12 month period, if Customer has failed to satisfy the MARC for the preceding 12 month period, Customer will be invoiced a shortfall charge in an amount equal to the difference between the MARC and the total of the applicable MARC -Eligible Charges incurred during the 12 month period, and payment will be due in accordance with Section 4.4 (Payments). 4.7 Adjustments to MARC. (a) In the event of a business downturn beyond Customer's control, or a corporate divestiture, merger, acquisition or significant restructuring or reorganization of Customer's business, or network optimization using other Services, or reduction of AT&T's prices, or force majeure events, any of which significantly impairs Customer's ability to meet Customer's MARC, AT&T will offer to adjust the affected MARC to reflect Customer's reduced usage of Services (with a corresponding adjustment to the prices or discount available at the reduced MARC level). if the parties reach mutual agreement on a revised MARC, AT&T and Customer will amend the affected Pricing Schedule prospectively. This Section 4.7 will not apply to a change resulting from Customer's decision to use service providers other than AT&T. Customer will provide AT&T written notice and evidence of the conditions Customer believes will require the application of this provision. This provision does not constitute a waiver of any charges, including monthly recurring charges and shortfall charges Customer incurs prior to amendment of the affected Pricing Schedule. (b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T may mutually agree to include the new business or operation under this Agreement. Such agreement will specify the impact, if any. of such addition on Customers MARC or other volume or growth discounts, and Customer's attainment thereof. 5. CONFIDENTIAL INFORMATION 5.1 Confidential Information. Confidential Information means. (a) information the parties share with each other in connection with this Agreement or in anticipation of providing Services under this Agreement, but only to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms of this Agreement and any pricing or other proposals. 5.2 Obligations. Each party's Confidential Information will, for a period of 3 years following its disclosure to the other party (except in the case of software, which is indefinite): (a) be held in confidence; (b) be used and transmitted between countries only for purposes of using the Services or performing this Agreement (including in the case of AT&T, the ability to utilize Customer's Confidential Information in order to detect fraud, check quality, and to operate, maintain and repair the Services); and (c) not be disclosed, except to the receiving party's employees, agents and contractors having a need -to -know (but only if such agents and contractors are not direct competitors of the other party and agree in writing to use and disclosure restrictions as restrictive as this Section 5), or to the extent authorized to be revealed by law, governmental authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing party to the extent practicable and not prohibited by law, governmental authority or legal process). 5.3 Exceptions. The restrictions in this Section will not apply to any information that: (a) is independently developed by the receiving party; (b) is lawfully received by the receiving party free of any obligation to keep it confidential; or (c) becomes generally available to the public other than by breach of this Agreement. 5.4 Privacy Laws. Each party is responsible for complying with the privacy laws applicable to its business. if Customer does not want AT&T personnel to comprehend Customer data to which they may have access in performing Services, Customer should encrypt such data so that it will be unintelligible. Until directed otherwise by Customer in writing, if AT&T ua_ver i.rif AT&T and Customer Confidential Information Page 4 of 9 UA VER 1 07/14/08 eCRM 10 41 designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer's customer proprietary network information (CPNI) to any employee or agent of Customer without a need for further authentication or authorization. DISCLAIMERS AND LIMITATIONS OF LIABILITY 6.1 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON -INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER), OR GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT TO LOAD BALANCING, OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF, OR IMPROPER ACCESS TO, CUSTOMER'S DATA AND CONFIDENTIAL INFORMATION. 6.2 Limitation of Liability. (a) AT&TS ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT CAUSED BY CUSTOMER'S NEGLIGENCE, SHALL IN NO EVENT EXCEED THE APPLICABLE CREDITS SPECIFIED IN A SERVICE PUBLICATION OR PRICING SCHEDULE, OR IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN THE SERVICES OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T. (b) SECTION 6.2(a) WILL NOT APPLY TO: BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T'S NEGLIGENCE; (ii) BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity), OR SECTION 10.2 (Trademarks); (iii) SETTLEMENT, DEFENSE OR PAYMENT OBLIGATIONS UNDER SECTION 7 (Third Party Claims); OR (iv) DAMAGES ARISING FROM AT&TS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (c) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES, OR INCREASED COST OF OPERATIONS. 6.3 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES, EXCEPT TO THE EXTENT CAUSED BY AT&TS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT, OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH IN THIS AGREEMENT); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS OR ANY SIMILAR EMERGENCY RESPONSE NUMBER); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER'S, ITS AFFILIATE'S, USERS', OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA, PROGRAMS, CONFIDENTIAL INFORMATION, NETWORK, OR SYSTEMS. 6.4 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise and whether damages were foreseeable, and will apply so as to limit the liability of each party and its Affiliates, and their respective employees, directors, subcontractors, and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any exclusive remedies provided in this Agreement. ua ver i.rtf AT&T and Customer Confidential Information Page 5 of 9 UA VER 1 07714/08 eCRM ID 42 THIRD PARTY CLAIMS 7.1 AT&T's Obligations. AT&T agrees at its expense to defend or settle any third -party claim against Customer, its Affiliates, and its and their respective employees and directors, and to pay all compensatory Damages that a court may finally award against such parties to the extent the claim alleges that a Service provided to Customer under this Agreement Infringes any patent, trademark, copyright, or trade secret, but not in circumstances where the claimed infringement arises out of or results from: (a) Customer's, its Affiliate's or a User`s content; (b) modifications to the Service by Customer, its Affiliates or third parties, or combinations of the Service with any services or products not provided by AT&T; (c) AT&Ts adherence to Customer's or its Affiliate's written requirements; or (d) use of the Service in violation of this Agreement. 7.2 Customer's Obligations. Customer agrees at its expense to defend or settle any third -party claim against AT&T. AT&T's Affiliates, and its and their respective employees, directors, subcontractors, and suppliers, and to pay all compensatory Damages that a court may finally award against such parties to the extent the claim: (a) arises out of Customer's, its Affiliate's, or a User's access to, or use of, the Services and the claim is not the responsibility of AT&T under Section 7,1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret, and falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliates, or Users of a software license agreement governing software provided in connection with the Services. 7.3 Infringing Services. Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the alleged infringing Service so that the Service becomes non - infringing. 7.4 Notice and Cooperation. The party seeking defense or settlement of a third party claim under this Section 7 will notify the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no effect except to the extent the other party is prejudiced thereby. The party seeking defense or settlement will allow the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense; but the defending party will use counsel reasonably experienced In the subject matter at issue, and will not settle a claim without the consent of the party being defended, which consent will not be unreasonably withheld or delayed, except that no consent will be required where relief on the claim is limited to monetary damages that are paid by the defending party under this Section 7. 8. SUSPENSION AND TERMINATION 8.1 Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other parry becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state 'insolvency proceeding, or makes an assignment for the benefit of its creditors. 8.2 Termination or Suspension of Services. The following additional termination provisions apply: (a) fraud or Abuse_ AT&T may terminate or suspend an affected Service, and if the activity implicates the entire Agreement, terminate the entire Agreement, immediately by providing Customer with as much advance notice as is reasonably practicable under the circumstances if Customer: (i) commits a fraud upon AT&T; (ii) utilizes the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T's network or Service; or (v) interferes with another customers use of AT&T's network or services. (b) Material Breach. If either party fails to perform or observe any material term or condition of this Agreement. including non-payment of charges (subject to Section 4.5 — Delayed Billing; Disputed Charges). and such failure continues unremedied for 30 days after receipt of notice, the non -breaching party may terminate the affected Service, and if the breach implicates the entire Agreement, terminate the entire Agreement. If Customer is in breach, AT&T may elect to suspend (and later terminate) the affected Service, and if the breach implicates the entire Agreement, suspend (and later terminate) the entire Agreement. (c) Materially Adverse Change. If AT&T revises a Service Publication and the revision has a materially adverse impact on Customer, and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after notice from Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service Components on 30 days' notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. However, a revision to a Service Publication will not be considered materially adverse to Customer if it changes prices that are not fixed (stabilized) in a Pricing Schedule, if the price change was mandated by a governmental authority, or if the change affects a charge imposed under Section 4.2 (Additional Charges and Taxes). ua—ver_i.rtt UA VER 1 07114108 AT&T and Customer Confidential information Page 6 of 8 eCRM 10 43 (d) Internet Services. if Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may suspend the applicable portion of the Service. AT&T has the right; however, to suspend or terminate the applicable portion of the Service immediately when: (i) AT&T's suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped, or (iii) AT&T reasonably determines; (a) that it may be exposed to sanctions, liability, prosecution, or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) that such violation may cause harm to or interfere with the integrity or normal operations or security of AT&T's network or networks with which AT&T is interconnected or interfere with another customer's use of AT&T Services or the Internet; or (c) that such violation otherwise presents imminent risk of harm to AT&T or AT&T's customers or their respective employees. (e) Infringing Services. If neither of the options described in Section 7.3 (Infringing Services) are reasonably available, AT&T may terminate the affected Service without liability other than as stated in Section 7.1 (AT&T's Obligations). (f) Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site where AT&T Is to install, maintain or provide Services, AT&T may terminate the affected Service or Service Component, or suspend performance until Customer removes and remediates Hazardous Materials at Customer's expense in accordance with applicable law. 8.3 Withdrawal of Services. Notwithstanding that a Pricing Schedule may commit AT&T to provide a Service to Customer for a Pricing Schedule Term, and unless applicable law or regulation mandates otherwise, AT&T may discontinue providing a Service upon 12 months' notice, or a Service Component upon 120 days' notice,, but only where AT&T generally discontinues providing the Service or Service Component to similarly—situated customers. 8.4 Effect of Termination. (a) Termination by either party of a Service does not waive any other rights or remedies a party may have under this Agreement. Termination or suspension of a Service will not affect the rights and obligations of the parties regarding any other Service. (b) If a Service or Service Component is terminated. Customer will pay all amounts incurred prior to the effective date of termination, If Customer terminates a Service or Service Component prior to the date Customer's obligation to pay for Services begins as provided in Section 4.3 (Billing). Customer will reimburse AT&T for time and materials incurred prior to the effective date of termination, plus any third party charges resulting from the termination. 8.5 Termination Charges. (a) If Customer terminates this Agreement or an affected Service or Service Component pursuant to Sections 8.1 (Termination of Agreement), 8.2(b) (Material Breach), or 8.2(c) (Materially Adverse Change); AT&T terminates a Service pursuant to Section 8.2(e) (Infringing Services), or AT&T withdraws a Service pursuant to Section 8.3 (Withdrawal of Services). Customer will not be liable for the termination charges set forth in Section 8.5(b). (b) If Customer terminates a Service or Service Component other than as set forth in Section 8.5(a), or AT&T terminates an affected Service or Service Component pursuant to Sections 8.1 (Termination of Agreement), or 8.2(a) (Fraud or Abuse), 8.2(b) (Material Breach), 8.2(d) (Internet Services), or 8.2(f) (Hazardous Materials), Customer will pay applicable termination charges as follows: (i) if termination occurs before the and of the Minimum Payment Period, Customer will pay 50% (unless a different percentage is specified in the Pricing Schedule) of the monthly recurring charges for the terminated Service or Service Component multiplied by the months remaining in the Minimum Payment Period, plus any waived or unpaid non-recurring charges identified in the Pricing Schedule (including, but not limited to, any and all charges for failure to satisfy a Minimum Retention Period (MRP)), plus any charges incurred by AT&T from a third party (e.g., not an AT&T Affiliate) due to the termination, all of which will, if applicable, be applied to Customer's MARC -Eligible Charges; and (ii) if Customer -terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the unsatisfied MARC, after applying amounts received pursuant to (i), for the balance of the Pricing Schedule Term. (c) The charges set forth in Section 8.5(b)(i) will not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only if (i) the Minimum Payment Period and associated charge for the replacement Service Component are equal to or greater than the Minimum Payment Period and associated charge for the terminated Service Component, and (ii) the upgrade is not restricted in the applicable Service Publication. ua ver i.rtf AT&T and Customer Confidential Information Page 7 of 9 UA VER 1 07114/08 eCRM ID 44 9. IMPORT/EXPORT CONTROL The parties acknowledge that equipment, services, software, and technical information (including technical assistance and training) provided under this Agreement may be subject to import and export laws, conventions or regulations, and any use or transfer of the equipment, products, software, and technical information must be in compliance with all such laws, conventions and regulations. The parties will not use, distribute, transfer, or transmit the equipment, services, software, or technical information (even if incorporated into other products) except in compliance with such laws, conventions and regulations. .Customer, not AT&T, is responsible for complying with such laws, conventions and regulations for all information, equipment and software Customer transmits between countries using the Services. 10. MISCELLANEOUS PROVISIONS 10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement or the provision of Services without the prior written consent of the other party, 10.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade names, logos, trademarks, service marks, or other indicia of origin without the other party's prior written consent, which consent may be revoked at any time by notice. 10.3 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike. embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond such party's reasonable control. 10.4 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a waiver of any other breach of this Agreement. 10.5 Assignment and Subcontracting. (a) This Agreement may not be assigned by either party without the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). Customer may, without AT&T's consent, but upon notice to AT&T, assign in whole or relevant part, its rights and obligations under this Agreement to an Affiliate, but Customer will remain financially responsible for the performance of such obligations. AT&T may, without Customer's consent, assign in whole or relevant part, its rights and obligations under this Agreement to an Affiliate, or subcontract to an Affiliate or a thins party work to be performed under this Agreement, but AT&T will in each such case remain financially responsible for the performance of such obligations. (b) In countries where AT&T does not have an Affiliate to provide Service, AT&T may assign its rights and obligations related to a Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In certain countries, Customer may be required to contract directly with the local service provider. (c) Any assignment other than as permitted by this Section 10.5 is void. 10.6 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section 10.10 (Governing Law), applicable taw mandates a different interpretation or result, the remaining provisions will remain in effect and the parties will negotiate in good faith to substitute for such invalid, illegal, or unenforceable provision a mutually acceptable provision consistent with the original intention of the parties. 10.7 Injunctive Relief. Nothing in this Agreement is intended, or should be construed, to limit a party's right to seek preliminary or permanent injunctive relief from a court of competent jurisdiction for a breach of any provision of this Agreement. 10.8 Legal Action. Any legal action arising in connection with this Agreement must be filed within 2 years after the cause of action accrues or it will be deemed time-barred and waived. The parties waive any statute of limitations to the contrary. 10.9 Notices. All notices required under this Agreement will be delivered in writing to the recipient's contact designated on the cover page of this Master Agreement, or to such other contact as designated in writing from time to time. Notices shall be by internationally recognized overnight courier, certified or registered mail, email, or facsimile and will be effective upon receipt or when delivery is refused, whichever occurs sooner, ua ver i.rtf AT&T and Customer Confidential Information Page 8 of 9 UA VER t 07114/08 eCRM ID 45 10.10 Governing taw. This Agreement will be governed by the taw of the State of New York, without regard to its conflict of law principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United Nations Convention on Contracts for International Sale of Goods will not apply. 10.11 Compliance with Laws. Each party will comply with all applicable laws, regulations, and orders issued by courts or other governmental bodies of competent jurisdiction. 10.12 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T, and does not provide any third party (including Users) the right to enforce or bring an action for any remedy, claim, liability, reimbursement, cause of action, or other right or privilege. 10.13 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations set forth in Section 5 (Confidential Information), Section 6 (Disclaimers and Limitations of Liability), and Section 7 (Third Party Claims), will survive termination or expiration. 10.14 Agreement Language. The authentic language of this Agreement is English. If there is a conflict between this Agreement and any translation, the English version will take precedence. 10.15 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services provided under this Agreement. Except as provided in Section 2.3 (Software), this Agreement supersedes all other agreements, proposals, representations, statements or understandings, whether written or oral, concerning the Services or the rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this Agreement. 11. DEFINITIONS The following terms have the meanings set'forth below: `Affiliate" of a party means any entity that controls, is controlled by, or is under common control with, such party. "Damages" means collectively all injury, damage, liability, toss, penalty, interest and expense incurred. "Effective Date" means, for any Pricing Schedule, the date on which the last party signs the Pricing Schedule unless a later date is required by regulation or law. "MARC -Eligible Charges" means, unless the applicable Pricing Schedule indicates otherwise, the recurring and usage charges, after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer for the Services identified in the applicable Pricing Schedule as MARC -contributing. The following are not MARC -Eligible Charges: (a) charges for or in connection with Customer's purchase of equipment: (b) taxes; and (c) charges imposed in connection with governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 and deaf relay charges). "Minimum Payment Period" means, in respect to any Service, the minimum period for which Customer is required to pay recurring charges for the Service, as specified in the Pricing Schedules or Service Publication for that Service. "Minimum Retention Period" means, in respect to any Service, the period of time for which Customer is required to maintain service to avoid the payment of certain credits, waived charges, or unpaid amortized charges, all as specified in the Pricing Schedule or Service Publication for that Service. "Service Component" means an individual component of a Service provided under this Agreement. Site" means Customer's physical location, including Customer's collocation space on AT&T's, its Affiliate's, or subcontractor's property, where AT&T installs or provides a Service. u8 ver Af AT&T and Customer Confidential Information Page 9 of 9 UA VER t 07/14/08 eCRM ID �6 - at&t eSign Fax Cover Sheet Contract Id: 8745667 To: AT&T Automated Fax Handling Service From: Fax: 877-374-4632 or 877-eSignFaz Sales Contact Information VINEZ; NANCY +1 5615683971 nv5238@us.att.com Total Pages: 9 (Excluding Fax Cover Sheet) Or with Copiers / Scanners w/ email, Send To: esign@att.com To sign via fax: 1. Sign, Title and Date the document where applicable, 2. Fax back documents in the following order: I. eSign Fax Cover Sheet for Contract Id: 8745667 Il. All Pages stamped with Contract Id: 8745667 3. If there are additional documents, use the corresponding eSign Fax Cover Sheet(s) as, separator(s) and Fax back as in 2.1 and 2.11. (see Picture below) Request Id: 1661196 Contract Id: 8745667 47 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Request Id: 1661196 Contract Id: 8745667 47 20180410-6035 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE Contract Id: 8745667 AT&T MA Reference No. 139535UA AT&T PS Contract ID MIS3569517 139535UA Customer AT&T Indian River County BOCC AT&T Corp. Street Address: 1800 27th St Name: City: Vero Beach State/Province: FL Cat y J dan CUA-" pv-4ED Zip Code: 32960 Country: United States I Title: Customer Contact (for Notices) AT&T Contact (for Notices) Name: Basil Dancy Name: Nancy Vinez Title: Computer Services Street Address: 11760 US Hwy 1, Floor 3 Street Address: 1800 27th St City: North Palm Beach State/Province: FL City: Vero Beach Zip Code: 33408 Country: United States State/Province: FL Telephone: 561-568-3971 Zip Code: 32960 Email: nv5238@att.com Country: United States Sales/Branch Manager: ERIK LINDBORG Telephone: 772-226-1256 SCVP Name: ERIK LINDBORG Email: bdancy@ircgov.com Sales Strata: Retail Sales Region: SE With a copy (for Notices) to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@aff.com AT&T Solution Provider or Representative Information (if applicable) ❑ Name): Company Name: Agent Street Address: City: State: Zip Code: Country: Telephone: Fax: Email: Agent Code This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above and shall become effective when signed by authorized representatives of both parties ("Effective Date'). This Agreement signed by AT&T first, is effective upon Customer signature provided that such fully signed Agreement is returned to AT&T not more than forty-five (45) days after AT&T's signature date. Any change made to this document renders the Agreement null and void, except for changes expressly authorized by the terms of this Aqreement. Customer (by its authorized representative) AT&T b its authorized representative) B :B : 2az°_ fq Name: Name: Cat y J dan CUA-" pv-4ED Title: I Title: Sr Mgr Customer Contracts Date: I Date: 10 APR 2018 jx507m AT&T and Customer Confidential Information Page 1 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-8BNICSI MP618D 04.09.2018 SR:1.8B05BXT RLR: 884091v6 -00_� PS MIS REPLACEMENT 2014 07/2712016 48 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Cleric. Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney Jason E. Brown, County Administrator AT&T and Customer Confidential Information Page 2 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-8BN1CS1 MP618D 04.09.2018 SR:1-8BO5BXT RLR: 884091v6 Contract Id: 8745667 AT&T MA Reference No. 139535UA AT&T PS Contract ID MIS3569517 PS MIS REPLACEMENT 2014 07/27/2016 49 Contract Id: 8745667 AT&T MA Reference No.139535UA AT&T PS Contract ID MIS3569517 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE This Pricing Schedule shall replace and supersede in its/their entirety the following AT&T Managed Internet Service ("MIS"), Service Order Attachment(s) and/or. Pricing Schedule(s) between AT&T and Customer: MIS316311 1. SERVICES Service Service Publication Location AT&T Managed Internet Service (MIS) htto:/lserviceguidenew.att.comfsg flashPlaye ge/MIS AT&T Bandwidth Services http:!/serviceguidenew.att.com/sg flashPlayerPage/BWS 2. PRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Schedule Term 36 Months Pricing Schedule Term Start Date Effective Date of this Pricing Schedule Effective Date of Rates and Discounts Effective Date of this Pricing Schedule 3. MINIMUM PAYMENT PERIOD Service Components Percent of Monthly Service Fees Due Upon Termination Minimum Payment Period $100 per DNS increment Prior to Completion of Minimum Payment Period per Service Component All Service Components 50% Longer of 12 months or until the end of the Pricing Schedule Term 4. GRANDFATHERING AND WITHDRAWAL AT&T may discontinue a Service or Service Component as provided in the applicable Service Guide and in the case of a Service or Service Component that is supplied to AT&T by a third party service provider upon thirty (30) days written notice. S. RATES (US Mainland, and HI only) Section I : AT&T Managed Internet Service Access Bandwidth - Table 1 : DNS Services Option Monthly Service Fee Additional Primary DNS (available in increments of up to 15 zones with a maximum of 150 Kilobytes of $100 per DNS increment zone file data Additional Secondary DNS (available in increments of up to 15 zones with a maximum of 150 $100 per DNS increment Kilobytes of zone file data AT&T and Customer Confidential Information Page 3 ASAP! MIS Standard 2614 Rate Plan ROME ID 1-86N1CSI MP618D 04.09.2018 SR:1-8B058XT RLR: 884091v6 PS MIS REPLACEMENT 2014 07/2712016 50 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE Table 2 :MIS Tele— Installation Discount: 50.00% Contract Id: 8745667 AT&T MA Reference No. 139535UA AT&T PS Contract ID MIS3569517 MISSpeed Undiscounted MIS Undiscounted MIS wl Managed Router 56 Kbps S1000 $1,000 128 Kbps -1.5 Mb s $1.000 $1,000 NxT-1 $2,500 $2,500 Tiered/Full T-3 $5.000 N/A Tiered OC -3, OC -12, OC -48 S10,000 N/A Ethernet S1,500" $1,500"" 10 Gig Ethernet' and up 51,500" $1,500 Service not available with MPLS PNT "Pricing available for MIS speeds of 100 Mbps and below and with electrical interfaces only. " Pricing also applies to Service locations in Alaska Table 3 : On -Site Installation Discount: 0.00% MISSpeed Undiscounted MIS w/ Managed Router Only 56 Kbps S999 128 Kbps -1.5 Mb s $999 NxT-1 S999 Tiered/Full T-3 S1,000 Tiered OC -3, OC -12, OC -48 $10,000 Ethernet $1,500' 10 Gig Ethernet and u $1,500 Nx10Gig Ethernet S3,500 ` Pricing also applies to Service locations in Alaska Table 4 : Flexible Bandwidth Billina Ootion — Ethernet' Discount applied to MIS & MIS w/Managed Router Discount: 75.00% This discount applies to all Tiered Bandwidth Minimum Commitments in this table unless an override discount is indicated. Incremental Usage Fee Discount: 75.00% This discount applies to all Tiered Bandwidth Minimum Commitments in this table unless an override discount is indicated. Tiered Bandwidth Minimum Commitment MIS Undiscounted I Monthly Fee MIS with Managed Router Undiscounted Monthly Fee Undiscounted Incremental Usage Fee Per Mb s Discount applied to MIS & MIS wl Managed Router for the following: Incremental Usage Fee Discount for the following: 0.5 Mb s $257 $385 $940 1.0 Mb s S258 $386 $510 1.5 Mb s $259 $387 $380 2 Mb s $260 $388 $355 3 Mb s S261 $389 $340 4 Mb s $262 $390 $325 5 Mb s $263 S391 5270 6 Mb s $264 $392 S250 7 Mb s $265 $393 S245 8 Mb s 5266 $394 $235 9 Mb s 1 $267 $395 $230 AT&T and Customer Confidential Information Page 4 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-8BNICSI MP618D 04.09.2018 SR:1-8B05BXT RLR: 884091v6 PS MIS REPLACEMENT 2014 07/27/2016 51 Contract Id: 8745667 AT&T MA Reference No. 139535UA AT&T PS Contract ID MIS3569517 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE Discount applied to MIS & MIS wlManaged Router Discount: 75.00% This discount applies to all Tiered Bandwidth Minimum Commitments in this table unless an override discount is indicated. Incremental Usage Fee Discount: 75.00% This discount applies to all Tiered Bandwidth Minimum Commitments in this table unless an override discount is indicated. Tiered Bandwidth Minimum Commitment MIS Undiscounted Monthly Fee MIS with Managed Router Undiscounted Monthly Fee Undiscounted Incremental Usage Fee Per Mb s Discount applied to MIS & MIS wl Managed Router for the following: Incremental Usage Fee Discount for the following: Discount applied to MIS & MIS wl Managed Router for the following: Incremental Usage Fee Discount for the following: 10 Mb s $268 $396 $198.00 15 Mb s $359 $487 $162.33 20 Mb s $449 S577 $144.25 25 Mb s $542 S670 $134.00 Discount applied to MIS & MIS wl Managed Router for the following: Incremental Usage Fee Discount for the following: 30 Mb s $633 $761 $126.83 35 Mb s $680 $854 $122.00 40 Mb s $812 $945 $118.13 ' 45 Mb s $817 $950 $105.56 Discount applied to MIS & MIS wl Managed Router for the following: Incremental Usage Fee Discount for the following: 50 Mb s $813 $955 $95.50 60 Mb s $946 $1,100 $91.67 70 Mb s $1,032 51,200 $85.71 75 Mb s $1,118 $1,300 $86.67 80 Mb s $1,204 $1,420 $88.75 90 Mb s $1,290 S1,500 $83.33 Discount applied to MIS & MIS wl Managed Router for the following: Incremental Usage Fee Discount for the following: 100 Mb s $1,400 $1,555 $77.75 120 Mb s $1,770 S1,937 $80.71 144 Mb s $1,790 S1,960 $68.06 150 Mb s $1,800 S1,965 $65.50 155 Mb s $1,820 1 $2,020 $65.16 Discount applied to MIS & MIS wl Managed Router for the following: Incremental Usage Fee Discount for the following: 200 Mb s $2,000 $2,100 $52.50 250 Mb s $2,150 $2,240 $44.80 300 Mb s $2,250 $2,620 $43.67 350 Mb s $2,500 $3,125 $44.64 Discount applied to MIS & MIS wl Managed Router for the following: Incremental Usage Fee Discount for the following: 400 Mb s $2,700 $3,380 $42.25 450 Mb s $3,000 $3,720 $41.33 500 Mb s $3,500 $4,325 $43.25 550 Mb s $3,650 $4,425 $40.23 AT&T and Customer Confidential Information Page 5 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-8BN1CS1 MP618D 04.09.2018 SR:1-8BO5BXT RLR: 884091v6 PS MIS REPLACEMENT 2014 07/27/2016 52 Contract Id: 8745667 AT&T MA Reference No. 139535UA AT&T PS Contract 1D MIS3569517 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE Discount applied to MIS & MIS w/Managed Router Discount: 75.00% This discount applies to all Tiered Bandwidth Minimum Commitments in this table unless an override discount is indicated. Incremental Usage Fee Discount: 75.00% This discount applies to all Tiered Bandwidth Minimum Commitments in this table unless an override discount is indicated. Tiered Bandwidth Minimum Commitment MIS Undiscounted I Monthly Fee MIS with Managed Router Undiscounted Monthly Fee Undiscounted Incremental Usage Fee Per Mb s Discount applied to MIS & MIS wl Managed Router for the following: Incremental Usage Fee Discount for the following: 600 Mb s $4,096 $4,840 $40.33 622 Mb s 1 $4,117 $5,000 $40.19 Discount applied to MIS & MIS wl Managed Router for the following: Incremental Usage Fee Discount for the following: 700 Mb s $4,199 $5,240 $37.43 800 Mb s $4,301 $5,440 $34.00 900 Mb s $4,403 $5.540 $30.78 1000 Mb s $4,505 $5.620 $28.10 Pricing also applies to Service locations in Alaska (Override discounts are not applicable to Service locations in Alaska) Table 5 : Class of Service Option - Tiered T-1, T-3 and Burstable Service - Monthly Service Fees Discount: 0.00% Speed Class of Service Month! Fee — List Price'' wl or wlout Managed Route 56 Kbps** $225 128 Kbps** $225 256 Kbps** $225 384 Kbps** $225 512 Kbps** $225 768 Kbps $225 1024 Kb s" $225 1.5 Mb s $225 2xT-1 3 Mb s $225 3xT-1 4.5 Mb s $225 4xT-1 6 Mb s $225 5xT-1 7.5 Mb s 5225 6xT-1 9 Mb s $225 7xT-1 10.5 Mb s $225 8xT-1 12 Mb s $225 10 Mb s $825 15 Mb s $1.075 20 Mb s $1,325 25 Mb s $1,575 30 Mb s $1,825 35 Mb s $2.100 40 Mb s $2,350 45 Mb s $2,750 155 Mb s $2,750 Charges waived for Sites with AT&T BVoIP Service "'no real-time class available AT&T and Customer Confidential Information Page 6 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-813NTSI MP618D 04.09.2018 SR:1-8605BXT RLR: 884091v6 PS MIS REPLACEMENT 2014 01127/2016 53 Contract Id: 8745667 AT&T MA Reference No.139535UA AT&T PS.Contract ID MIS3569517 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE (t) Speed not available with MPLS PNT "Pricing also applies to Service locations in Alaska AT&T and Customer Confidential Information Page 7 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-8BN1CSI MP618D 04.09.2018 SR:1-8BO5BXT RLR: 884091v6 PS MIS REPLACEMENT 2014 0712712016 54 Contract Id: 8745667 AT&T MA Reference No.139535UA AT&T PS Contract ID MIS3569517 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE Table 6 : Class Of Service Option - Flexible Bandwidth Billing Option - Monthly Service Fees Discount: 0.00% Speed Undiscounted MIS wl or wlout Managed Router Monthly Service Fee" Up to 1.5 Mb s $225 2.0 Mb s S285 2.01- 3.0 Mb s $360 3.01- 4.0 Mb s $435 4.01 - 5.0 Mb s 5510 5.01 - 6.0 Mb s S575 6.01 - 7.0 Mb s $640 7.01 - 8.0 Mb s S705 8.01 - 9.0 Mb s $765 9.01 to 10.0 Mb s 5825 10,01 to 15.0 Mb s $1,075 15.01- 20.0 Mb s S1,325 20.01- 25.0 Mb s $1,575 25.01- 30.0 Mb s $1,825 30.01- 35.0 Mb s $2,100 35.01- 40.0 Mb s 52,350 40.01 - 45 Mb s $2,750 45.01-155 Mb s $5,000 200 - 250 Mb s 55,400 300 - 350 Mb s $5,800 400 - 600 Mb $6,200 622 Mb s $7,000 700 -1000 Mb s S7,800 1.5 Gb s** $7,900 2.0 Gb s** S8,000 2.5 Gb s** S8,100 3.0 Gb s** S8,200 3.5 Gb s** S8,300 4.0 Gb s** S8,400 4.5 Gb s** $8,500 5.0 Gb s** $8,600 5.5 Gb s** S8,700 6.0 Gb s*' $8,800 6.5 Gb s** S8,900 7.0 Gb s** S9,000 7.5 Gb s** $9,100 8.0 Gb s** S9.200 8.5 Gb s** $9,300 9.0 Gb s*' $9,400 9.5 Gb s*' $9,500 10.0 Gb s and up** S9,600 'Charges waived for Sites with AT&T BVolP Service ** Speed not available with MPLS PNT AT&T and Customer Confidential Information Page 8 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-8BN1CSI MP618D 04.09.2018 SR:1-8B05BXT RLR: 8840914 PS MIS REPLACEMENT 2014 07127/2016 55 Contract Id: 8745667 AT&T MA Reference No. 139535UA AT&T PS Contract ID MIS3569517 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE "Pricing also applies to Service locations in Alaska Table 7 : Class Of Service Option — Aggregate Billing Option" - Monthly Service Fees Diseeuntc 0 (In% Speed Undiscounted MIS wl or wlout Managed Router Monthly Service Fee'" T3 (up to 45 Mb s $2,750 OC3 (up to 155 Mb s $5,000 OC 12 (up to 622 Mb s $7,000 Ethernet (up to 1000 Mb s $7,800 OC48 (up to 2500 Mb s S8,100 10 Gigabit Ethernet (up to 10000 Mb s S9,600 -t,narges waivea Tor bites win A 161 tivoir berViGe "Not available with MPLS PNT Table 8 : Class Of Service Option - Installation Fees Discount: 0.00% Class of Service Undiscounted Installation Fee's S1,000 'Charges waived for Sites with AT&T BVolP Service I Pricing also applies to Service locations in Alaska Section II : Additional Service Fees Moving Fee (during hours) 1 $1,000 per location' Additional Moving Fee (outside standard operating hours — 8:00 a.m. to 5:00 p.m. Monday through Friday I Additional $500 per location' 'Subject to availability, pricing also applies to Service locations in Alaska Section III: Local Access Pricing Ethernet Local Access Net Monthly Recurring Charge per SWC CILLI is valid for any NPA-NXX where such Ethernet Local Access is provisioned -from the same Service Wire Center (SWC CLLQ and served at the same AT&T POP. SWC CLLI City, State Access Local Access Non- Local Access Net Bandwidth Recurring Charge Monthly Recurring Charge VRBHFLMA Vero Beach, FL Ethernet —10 Mbps $0.00 5352.50 VRBHFLMA Vero Beach, FL Ethernet —100 Mbps $0.00 $715.00 This is the last page of the Pricing Document AT&T and Customer Confidential Information Page 9 ASAP! MIS Standard 2014 Rate Plan ROME ID 1-8BNICSI MP618D 04.092018 SR:1-8B05BXT RLR: 884091v6 PS MIS REPLACEMENT 2014 07/2712016 56 q 'D INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Assistant County Administrator / Department of General Services DATE: May 1, 2018 TO: Board of County Commissioners THRU: Jason Brown, County Administrator Michael Smykowski, Director, Office of Management & Budget Mike Zito; Assistant County Administrator FROM: Beth Powell; IRC Conservation Lands Manager SUBJECT: Approval of Work Order No. 1 — Carter Associates, Inc. - Jones' Pier Conservation Area Final Wetland Restoration Design & Permitting BACKGROUND On April 16, 2018, the Indian River Lagoon National Estuary Program (IRLNEP) released their Final Rankings and Notice of Decision for Category 1: Restoration Projects (Attachment A). The Jones' Pier Conservation Area wetland restoration construction project was ranked #2, and recommended for funding. The IRLNEP Council authorized their staff to initiate the grant agreement process between the IRLNEP and the County. At the March 6, 2018 BCC meeting staff was directed to move forward with the final design and permitting of the Jones Pier wetland restoration project. The design and permitting for the wetland restoration project is not included as part of the IRLNEP Grant Award. The IRLNEP Grant, if accepted by the BCC, will leverage funding allocated for the construction of the project. In order to meet the 1 -year deadline for project construction and to expedite the public use improvements, staff would like to begin the final design and permitting of the project for the wetland restoration. The current schedule for the project outlines that local, State, and federal permits will be issued prior to October 1, 2018 (when IRLNEP funds are available), and that bidding for construction will be completed by October 2018. Construction is proposed to commence in November 2018. On April 17, 2018, Board of County Commissioners approved Continuing Consulting Engineering Services Agreements (RFQ 2018008). Carter Associates, Inc. has previous experience on the site having completed topographic survey work on behalf of the County. Staff has provided Carter Associates, Inc. with the project schedule and grant application to the IRLNEP, which outlines the timeframes for project permitting and bidding for construction. Page 1 BCC Agenda Item — Consent Approval of Work Order No. 1 — Carter & Associates, Jones' Pier Conservation Area Final Wetland Restoration Design & Permitting 57 Carter Associates has reviewed the documents and has provided the County with assurance that their firm will be able to meet these deadlines. FUNDING Funding is budgeted and available for the Carter Associates, Inc. Work Order No. 1, under the 5 Year Capital Improvements Program Schedule, MSTU/Parks/Jones Pier -Prong Preserve Improvements/ Account Number 00421072-066510-18010. Additional funding for the grant match (if approved by the Board) would be provided through one of the account numbers referenced in the 5 Year Capital Improvements Program Schedule to be determined by the Budget Office at the time of the RFP. STAFF RECOMMENDATION Staff recommends approval of Work Order No. 1 to Carter Associates, Inc. for final design, permitting and construction management services and requests the Board to authorize the Chairman to execute Work Order No. 1 in the amount of $36,800. ATTACHMENTS 1. Work Order No. 1 with Carter Associates, Inc. 2. Exhibit A - IRLNEP Notice of Decision for Category 1: Restoration Projects to Carter Associates, Inc. Work Order #1 3. Carter Associates, Inc. Letter of May 1, 2018 4. Attachment A — Notice of Decision from IRL Council's Board of Directors APPROVED AGENDA ITEM FOR: MAY 8, 2018 Page 2 BCC Agenda Item — Consent Approval of Work Order No. 1 — Carter & Associates, Jones' Pier Conservation Area Final Wetland Restoration Design & Permitting 58 WORK ORDER #1 Jones' Pier Conservation Area Final Wetland Restoration Design & Permitting This Work Order Number #1 is entered into as of this 8th day of May, 2018, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work and Budget), attached to this Work Order and made part hereof by this reference. 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 OF INDIAN RIVER COUNTY By: Title: By: Peter O'Bryan, Chairman BCC Approved Date: May 8, 2018 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 59 EXHIBIT A INDIAN RIVER COUNTY PARKS DIVISION PROPOSED CIVIL ENGINEERING AND SURVEYING SCOPE / BUDGET JONES' PIER CONSERVATION AREA WETLAND RESTORATION PROJECT May 2018 This proposal is based on the narrative and preliminary drawings within the Jones' Pier IRLNEP Grant "Draft Statement of Work" that the County provided on April 20, 2018 TASK 1 PRELIMINARY PLANNING Attend coordination meetings with INDIAN RIVER COUNTY Parks Division staff and consultants to develop stormwater management and wetland restoration plan. Attend site visit to observe existing conditions of site and drainage flow patterns. Provide recommendation(s) for addressing off-site runoff from development south of the property. Verify areas needed for additional topographic information provided in task 2 below. Prepare conceptual site plan of stormwater management and wetland restoration master plan. Attend pre -application meeting with permitting agencies. Provide preliminary volume quantities from proposed pond areas to verify sufficient fill is available, as determined by others, for proposed site developments. Fees for Task 1 services are estimated @ $3,900.00. TASK 2 - SITE SURVEYS Perform Topographic Survey on-site and immediately off-site for additional information needed along the southern property line between Jungle Trail and hammock area. Locate contributory runoff areas ftom properties alongside Morningside Drive. Field verify conditions along north property line and spot check grades on-site. Fees for Task 2 services are estimated @........................................ $3,100.00. TASK 3—STORMWATER CALCULATIONS Prepare stormwater management report for site to include flood routings, pond sizing, discharge calculations, and drawdown analysis. Design and model pump station to mimic high tide/low tide cycles or a continuous cycle. Investigate collection and treatment of off-site stormwater runoff from portions of adjacent Morningside Drive neighborhood into proposed storrnwater management plan or alternative bypass. Fees for Task 3 services are estimated @....................................................................... $7,900.00. KUHMPROPOSAWones Pier Wetland Restoration.doc Page 2 of 5 _ At Serving Florida ©2018 by CAI �fxSince IJ106b TASK 4 — CONSTRUCTION PLANS AND SPECIFICATIONS Develop drainage and grading plans for stormwater collection system and wetland restoration areas. Provide details for wetland/upland preservation and creation. Coordinate with County Staff for wetland planting plan. Develop detail sheets, cross-sections, and prepare project specifications sufficient for bidding. Provide pump station performance criteria for manufacturing design and construction. Prepare preliminary engineer's cost estimate for construction. Feesfor Task 4 services are estimated @....................................................................... $5,800.00. TASK 5 - PERMITTING Prepare application documents to obtain the following permits: • St. Johns River Water Management District Environmental Resource Permit. • Army Corp of Engineers • Indian River County Wetlands Permit Feesfor Task 5 services are estimated @....................................................................... $6,400.00. TASK 6 - BID DOCUMENTS It is assumed INDIAN RIVER COUNTY will prepare a contract for construction, including bidding requirements and general conditions. ENGINEER will provide technical specifications and project plans in sufficient detail to define the scope and requirements for the stormwater management and wetland restoration plan. ENGINEER will assist INDIAN RIVER COUNTY in bidding the project by attending a pre-bid meeting and by addressing inquiries from potential bidders regarding the scope of the proposed work. ENGINEER will assist the County during project bid review and provide a letter summarizing our recommendations regarding contract award. Feesfor Task 6 services are estimated @..............................................................„_,,........ $2,400.00. TASK 7 - CONSTRUCTION SERVICES Review contractor's material submittals and scheduling. Construction inspection services will be provided for the duration of construction in order to ensure that the contractor's work conforms to the requirements of the project design drawings and specifications. Provide certifications upon completion of construction and review of contractor provided as-builts. Fees for Task 7 services are estimated @........................................................................... $6,800.00. NAJHBIPROPOSALQones Pier Wetland Restoration.doc Page 3 of 5 r02U SeMpg Florida 02018 by CAI Since 191 4 1 TASK 8 — REIMBURSABLE EXPENSES Reimbursable expenses, such as postage, long distance calls, mileage, fax transmittals, prints, copies, vellum, etc. Fees for Task 8 services are estimated @ ................................................ $500.00. TOTAL ENGINEERING BUDGET FOR TASKS 1 THRU 8 NOT TO EXCEED A FEE OF $36,800.00. ENGINEERING SCOPE ASSUMPTIONS: In developing this Scope of Services, ENGINEER represents to the INDIAN RIVER COUNTY that the following assumptions have been made and that deviation from these assumptions may require additional work and compensation on behalf of INDIAN RIVER COUNTY to the ENGINEER. 1. This proposal specifically excludes all application and/or impact fees, which shall be the responsibility of the INDIAN RIVER COUNTY. 2. This Scope of Services specifically excludes preparation of legal documents, easement descriptions, structural, mechanical, electrical, landscape, and architectural work. 3. Preparation and submittal of a formal site plan to be reviewed and approved by the Indian River County Technical Review Committee is not included. 4. Surveying for location of wetland or jurisdictional flagging is not included with this proposal. 5. Wetland planting design drawings and installation will be provided by others. 6. Permitting for disposal of any existing on-site hazardous or industrial waste material, or any other underground, unforeseen issues is not included with this proposal. 7. It is understood that existing geotechnical soil testing has already been performed for this project. Additional soil testing if required is not included in this proposal. 8. Construction stakeout and as-builts are not included with this proposal. in 1 Fly oticla N:1JHBIPROPOSALIJones Pier Wetland Restoration.doc Page 4 of 5 _ S_e_tvSince 191 y 02018 by CAI ' 2 CARTER ASSOCIATES. INC. FEBRUARY 2018 FEE SCHEDULE Staff Type: Hourly Rates Engineer (Principal) $165.00 Engineer I $140.00 Engineer II $125.00 Engineer III $115.00 Engineer IV $105.00 Engineer V $ 95.00 Surveyor (Principal) $165.00 Surveyor (Sr. Consultant) $140.00 Surveyorl $140.00 Surveyorll $125.00 Surveyor Ill $105.00 CAD/GIS Tech 1 $115.00 CAD/GIS Tech II .$110.00 CAD/GIS Tech III $105.00 CAD/GIS Tech IV $ 95.00 CAD/GIS Tech V $ 85.00 Administrative Staff $ 60.00 Expert Witness $300.00 4 Man Survey Crew $175.00 3 -Man Survey Crew $150.00 2 -Man Survey Crew $135.00 1 -Man Survey Crew $110.00 Inspector $ 65.00 SPECIALIZED EQUIPMENT: Leica HD P40 Scanner $175.00/Hour Aluminum Boat $500.00/Day All -Terrain Vehicle (ATV)/Trailer $250.00/Day $1,000.00/Week REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Cost Blueprints/Blackline (24" x 36") $2.00/Each Color Prints (24"x36) $5.00/Each .Mileage IRS Standard Rate Mylar $7.00/Each Photocopies: 8.5" x l l" 15¢/Each 8.5" x 14" 25¢/Each I 1" x 17" 35¢/Each Concrete Monuments $20.00/Each Rebar $ 2.50/Each Laths $ 0.75/Each Hubs $ 1.00/Each Sub -Consultants Cost + 10% Note: These hourly billing rates will remain effective for the duration of this Agreement. N:WHBIPROPOSAUJones Pier Wetland Restoralion.doc Page 5 of 5 Setvin 7 Florida 02018 by CAI 1 Sart 63 CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET • VERO BEACH, FLORIDA 32960.3472 • 772.562.4191 • 772.562-7180 (FAX) JOHN H. BLUM, P.E, PRINCIPAL DAVID E. LUETHJE, P.S.M., PRINCIPAL GEORGE A. SIMONS, P.E., PRINCIPAL PATRICK S. WALTHER, P.E., PRINCIPAL MARV IN E. CARTER, P.S.M., Consultant to the Firm DEAN F. LUETHJE, P.E., a7.nectiConsultant to the Fimi May 1, 2018 Mrs. Wendy Swindell Conservation Lands Technician Indian River County Parks Division 5500 77t1t Street Vero Beach, Florida 32967 RE: Jones' Pier Conservation Area Wetland Restoration Project Civil Engineering and Surveying Services Proposal CAI Project No. 18-39 E Dear Wendy: FRANK S. CUCCURESE, P.S.M. CLINTON J. RAHJES, P.E. It is our pleasure to present for your acceptance, the following estimate for Civil Engineering and Surveying services associated with the above referenced project. We have based our proposal on the provided `Draft Statement of Work" and meeting with yourself and Beth Powell on April 20, 2018. Please find attached an ENGINEER's scope of services and budget outlining the steps required to develop the stormwater management and wetlands restoration plan along with the associated design and permitting fees. Additional services required, but not included in the estimate; will be provided at our hourly rates, a copy of which is attached. Thank you for giving us the opportunity to submit a proposal for our services. We look forward to working with you on this project. Should you have any questions or need additional information, please do not hesitate to contact me at our office. Sincerely, TER ASSOCIATES, INC. H. Blum,-P.E. NAIJHBIPROPOSALWones Pier Wetland Restoration.doc Pagel of 5 Serving Florida 02018 by CAI since 191164 ATTACHMENT A BCC Agenda Item - Consent Approval of Work Order No. 1 - Carter & Associates, Jones' Pier Conservation Area Final Wetland Restoration Design & Permitting NOTICE OF DECISION DATE: April 16, 2018 TO: All Respondents to RFP2018-001 Indian River Lagoon National Estuary Program: 2018-2019 Request for Proposals Category 1: Restoration Projects FROM: Frank Sakuma, Chief Operating Officer SUBJECT: Notice of Decision As a result of the above-mentioned Request for Project Proposals, the IRL Council's Board of Directors approved the proposal ranking and project funding as follows (More detailed information is provided in Attachment 1): 1. Willoughby Creek Stormwater Quality Improvement Project (Martin County) 2. Jones Pier Conservation Area (Indian River County) 3. Tomoka State Park Living Shoreline Stabilization (University of Central Florida) 4. Pilot -scale Demonstration of Seagrass Restoration in the IRL (Florida Atlantic University/Harbor Branch Oceanographic Institute) 5. McCarty Ranch Area 2 Extension Water Storage and Treatment Project (Port St. Lucie City) 6. West Wabasso, Phase II, Septic to Sewer (Indian River County) 7. IRL Shoreline Restoration Project (Florida Department of Environmental Protection) 8. Restore Our Shores: Living Shoreline Restoration on Environmentally Endangered Lands (The Brevard Zoo) Attached please find the ranking and funded/not-funded document (Attachment 1) and a document entitled "BID/RFP PROTEST PROVISION" (Attachment 2), which describes certain rights you may have regarding this decision. You should pay close attention to the time limitations specified in the BID/RFP PROTEST PROVISION. If you have any questions or comments based on the above recommendation, please call me at (772) 453- 0975. Enclosures Attachment 1— Final Rankings of Funded and Not -Funded Proposals Attachment 2 — BID/RFP PROTEST PROVISION 65 Attachment 1- Final Ranking of Funded/Not-Funded Proposals Funded or Not -Funded Rank Applicant Project Requested Cost Share Total Project Fundin Match Cost Funded 1 Martin County Willoughby Creek Stormwater $ 260,000.00 $ 2,460,000.00 $ 2,720,000.00 Engineering Dept/ Quality Improvement Project Funded 2 Indian River County Jones Pier Conservation Area $ 61,000.00 $ 159,155.00 $ 220,155.00 Conservation Lands Program Funded 3 University of Tomoka State Park Living Shoreline $ 37,847.00 $ 64,123.00 $ 101,970.00 Central Florida Stabilization Funded 4 FAU/Harbor Branch Pilot -scale demonstration of $ 80,283.00 $ 109,040.00 $ 189,323.00 seagrass restoration in the IRL using nursery -grown Halodule Wrightii Funded 5 City of Port St. Lucie McCarty Ranch Area 2 Extension $ 300,000.00 $ 850,000.00 $ 1,150,000.00 Utilities Water Storage and Treatment Project Funded 6 Indian River county West Wabasso, Phase II, Septic to $ 200,000.00 $ 2,375,000.00 $ 2,575,000.00 Utilities Sewer Funded 7 Florida Deparment IRL Shoreline Restoration Project $ 52,452.00 $ 53,569.00 $ 106,021.00 of Environmental FY18-19 Protection Funded 8 Brevard Zoo Restore Our Shores: Living $ 86,120.00 $ 108,562.16 $ 194,682.16 Shoreline Restoration on Environmentally Endangered Lands Not -Funded 9 Marine Discovery Shuck and Share Oyster Recycling Center Program FY18-19 Not -Funded 10 City of Fellsmere Micro -basin Treatment Phase I Not -Funded 11 Coastal Resources Pelican Island Phase V Restoration Group Not -Funded 12 St. Lucie County Indian River Drive Oyster Reefs Not -Funded 13 University of Florida Developing a Strategic Initiative for the Restoration of Clam Populations in the IRL Not -Funded 14 Indian River County North Relief Canal managed Stormwater aquatic plant system Division Not -Funded 15 St. Lucie County Wesley's Island Restoration, Phase II Not -Funded 16 Marine Resources Assessing Oyster Spatfall in the Council Indian River Lagoon 66 Funded or Not-Funded Rank Applicant Project Requested Cost Share Total Project Funding Match Cost Not-Funded 17 Sea and Shoreline Restoration, Maintenance, and conservation of seagrasses in the IRL Not-Funded 18 St. Lucie County Harmony Heights Drainage Improvement Project Phase 1 North Not-Funded 19 ORCA The Living Lagoon/Habitat Restoration in Indian River County Not-Funded 20 Brevard County Maximizing Water Quality Treatment of Existing Stormwater Assets with CMAC in the IRL Not-Funded 21 Save the Manatee Rose Bay Next Generation Club Restoration: Creating a Model for Community-Wide, Long-Term Estuarine Restoration & Management Not-Funded 22 St. Lucie County Port of Ft. Pierce Stormwater Master Plan Not-Funded 23 City of Stuart Channel Basin Septic to Central Wastewater Collection System Conversion Project Not-Funded 24 City of Stuart Dolphin Basin Septic to Central Wastewater Collection System Conversion Project 67 ATTACHMENT 2 — BID/RFP PROTEST PROVISION Bid/RFP Protest Provision - This procedure applies to guide the IRL Council in the resolution of all protests arising from the competitive award procedures set forth in the IRL Council Operating Procedures Manual. The IRL Council required that by submitting a bid/proposal to the IRL Council, bidders agreed to the process set forth in this Section. a. Notice of Protest - Notice of all IRL Council decisions or intended decisions shall be by posting to the IRL Council web site. Any person adversely affected by a bid or request for proposal shall file a notice of protest in writing, within two (2) business days from the date on the notice of the decision. A formal written protest shall be filed within five (5) business days after the protesting party files the notice of protest. No time will be added to the above time limits for mail service. b. Formal Written Protest - The formal written protest shall state with particularity the facts and law upon which the protest is based. The formal written protest shall be printed or typewritten and contain: I. The name and address of the person or firm filing the protest and an explanation of how they are adversely affected by the IRL Council decision or intended decision; I. Identification of the procurement matter at issue. III. A statement when the notice of IRL Council decision or intended decision was posted; iv. A statement of all issues of disputed material fact and, if there are none, a statement so indicating; V. A concise statement of the ultimate facts alleged; Vi. A statement of the applicable law, rule, statute, or other authority upon which the protest is based and which entitle the protestor to relief, Vii. A specific demand for relief, and Viii. Any other information material to the protest. c. Filing Notices of Protest and Formal Protests - All notices of protest and formal protests shall be filed by hand delivery, mail or email with the IRL Council's Executive Director. A protest is not timely filed unless both the written notice of protest and the formal protest have been received by the IRL Council within the prescribed time limits. Filings received after 5:00 pm will be deemed received the next business day. Failure to file a protest within the time prescribed by this Section shall constitute a waiver of all claims. d. Stay of Award - Upon receipt of a formal written protest which has been timely filed, the bid solicitation or contract award process shall be stayed until the subject of the protest is resolved, unless the IRL Council's Executive Director, with the concurrence of the Board of Directors, sets forth in writing particular facts and circumstances which require the continuation of the solicitation process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. e. Resolution of Formal Protest - Upon the written request of the protestor or on its own initiative, the IRL Council shall provide an opportunity for the protestor to meet with the Executive Director to resolve the protest by mutual agreement within seven (7) business days, excluding holidays, of receipt of a formal written protest. If the subject of a protest is not resolved by 68 mutual agreement within seven (7) business days, excluding holidays, of receipt of the formal written protest, or a mutually agreed upon extension of time, the Executive Director shall certify in writing to the Board of Directors that there was no resolution and provide the protestor with a copy of the certification. £ Quasi -Judicial Hearing - Within seven (7) business days from receipt of written certification that there was no resolution, the protestor may provide a written request that the matter be heard before the Board of Directors in a quasi-judicial hearing. Failure to provide a written request to the Board of Directors within seven (7) business days of notice shall constitute waiver of any protest. Upon receipt of a written request, the Board of Directors may, in its discretion, request a written response from the Executive Director, and/or schedule the matter for hearing before the Board of Directors. Within 'seven (7) business days from the conclusion of the hearing, the Board of Directors will provide a written final decision on the matter to the protestor. The protestor may contest the IRL Council's decision in a court of competent jurisdiction in the county court in which the IRL Council's main office is located no later than thirty (30) calendar days after receipt of notice of the IRL Council's decision, unless otherwise specified within the controlling request for proposal or qualification documents. 69 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., County Engineer FROM:. William Johnson, P.E., Roadway Production Engineer SUBJECT: Work Order No. 2, MBV Engineering, Inc. 43rd Avenue Sidewalk Airport Drive to 41St Street (IRC -1503) DATE: April 20, 2018 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with MBV Engineering, Inc. The purpose of Work Order No. 2 is to provide survey, design and permitting services to add sidewalks with ADA compliant ramps and associated drainage improvements along 43rd Avenue from West Airport Driveto 41St Street. Work Order No. 2 is for a total lump sum amount of $22,460.00. FUNDING Funding is budgeted and available in Secondary Roads/Account No. 10921441-066510-18026/43rd Avenue Sidewalk (Airport Drive —41St Street) in the amount of $22,460.00. RECOMMENDATION Staff recommends approval of Work Order No. 2 to MBV Engineering, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 2 on their behalf for a lump sum amount of $22,460.00. ATTACHMENTS Work Order No. 2 DISTRIBUTION MBV Engineering, Inc. AGENDA ITEM FOR MAY 08, 2018 70 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\emyPDF 8\@BCL@540EB l DE\@BCL@540EB 1 DE.doc 8,C - WORK ORDER 2 43rd Avenue Sidewalk Improvements from Airport West Drive to 41St Street IRC Project No. IS03 This Work Order Number 2 is entered into as of this _ day of 201, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 37 th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: By: Title: Vice President Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 71 EXHIBIT A - SCOPE OF WORK It is our understanding that the COUNTY intends to provide sidewalk improvements along 4311 Avenue between Airport West Drive and 411t Street. The proposed design improvements will consist of 8' wide sidewalks with pedestrian ramps and crossings, drainage design, culvert, and headwall with pedestrian railing. Utility coordination with Utility owners within 43rd Avenue right-of-way will be conducted as part of the design process. MBV Engineering, Inc. will provide the design plans and cost estimates as related to this project. A description for each service is provided in below in further detail. 1. Survey (Existing Conditions) The Consultant will utilize the existing boundary and topographic survey provided by Indian River County for the area to receive the improvements. 2. Design Services a. Construction Plans The Consultant will prepare 11" x 17" design drawings, signed & sealed, for the above described improvements. The design drawings will include typical sections, summary of quantities, project layout and control, roadway plan and profiles, cross sections, and erosion control details. b. Construction Cost Estimate The Consultant will prepare estimates of probable construction costs (based upon FDOT Basis of Estimates) at 90, and 100 percent levels of the design completion. C. County Reviews The Consultant will attend two (2) progress review meetings with the COUNTY Engineering Department staff at approximately 90, and 100 percent levels of the design completion. A single set of review comments shall be provided to Consultant from COUNTY Engineering Division staff prior to each review meeting. 3. Permitting / Bidding Services The Consultant will prepare the following permit application and associated submittals for the following agencies: • Indian River County Right -of -Way Permit (Fee Not Applicable) • St. Johns River Water Management District ERP General Permit ($250) No endangered species or other ecological permitting is anticipated or included herein. The Consultant shall respond to up to one (1) request for additional information by the permitting agency.. The Consultant will be responsible for the above listed permit fee. The COUNTY shall be responsible for setting the bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The Consultant will prepare a .pdf of the Technical 72 Spec Provisions / bid documents for the COUNTY's use in distributing the bid documents to prospective bidders via Demandstar. DELIVERABLES The Consultant shall provide the COUNTY with the following: • Two (2) hard copies 11" x 17" of the bid documents Final Drawings, signed & sealed • One (1) signed & sealed .pdf and .dwg copy of the drawings and bid documents • Technical responses for one addenda, as required for clarifying responses from the pre-bid meeting EXHIBIT B - FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this /agreement, fees inclusive of expenses in accordance with the following: Task Fee Survey and Design Services $19,350 Permitting, Utility Coordination, and Bidding Services $ 3,110 Work Authorization Total $ 22,460 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT C - SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Survey and Design Services • Permitting, Utility Coordination, and and Bidding Services 120 days from the date of authorization 90 days from completion of design 73 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Sebastian River Improvement District — Lateral "D" Canal Corrigan Ranch Lateral "D" Canal Cleaning Project DATE: April 27, 2018 DESCRIPTION AND CONDITIONS The Lateral "D" canal is a Sebastian River Improvement District (SRID) north/south drainage canal on the east side of CR -510 in the Vero Lake Estates area. The SRID owns the right-of-way where the Lateral "D" canal is located. While the SRID owns right-of-way where the Lateral "D" canal was constructed, the SRID does not maintain the canal. Overthe years, the Corrigan Ranch has cleaned the Lateral "D" canal fortheir benefit. The canal cleaning also benefits Vero Lake Estates residents as there are stormwater outfalls from Vero Lake Estates into the Lateral "D" canal. In 1982 and 2004, the Corrigan Ranch cleaned approximately one mile of the Lateral "D" canal, from the Ansin Ranch tojust north of 89th Street, and the County participated in the cost ofthe canal cleaning. Both times the County's participation was 20% of the overall cost. After Hurricane Irma; the Corrigan Ranch again cleaned the Lateral "D" canal. The cleaning is complete and the Corrigan Ranch has invoiced the County for 20% of the overall cost for cleaning the portion ofthe canal that directlyfronts County (VLE) property, including cleaning of debris underthe CR -510 bridge. The total cost for cleaning this area was $25,415 with 20% of this cost being $5,083. Cleaning of the canal is a benefit to the County and to the residents of the VLE community as it will provide improved drainage for the area. FUNDING The County's participation cost for cleaning of the Lateral "D" canal is $5,083.00. Funding is available in Transportation/R&B Other Contractual Services —11121441-033490. RECOMMENDATION Staff recommends the Board approve 20% participation in the overall costfor the cleaning of the Lateral "D" canal by the Corrigan Ranch in the amount of $5,083.00. ATTACHMENTS Corrigan Ranch Invoice Letter w/backup APPROVED AGENDA ITEM FOR: May 8, 2018 74 CORRIGAN RANCH PROJECT 7150 201h ST., SUITE E VERO BEACH, FLORIDA 32966 April 2, 2018 Mr. Richard B. Szpyrka Public Works Director, IR County 18127 1h Street Vero Beach, Florida 32960 RE: Lateral D Cleaning COUNTY PROPERTY CP Dear Mr Szpyraka Attached is the work sheet showing the Indian River County property share of cleaning Lateral D canal in Indian .River County, FL. The COUNTY share is $5083.00 Please send your check to Corrigan Ranch Project at the address shown above. If you have any questions or concerns, please do not hesitate to contact Tad Corrigan at 772-532-8863. Sincerely, Tad Corrigan for: J Pat Corrigan FLP. LLC BryariCldrrigan for4'L Hugh Corrigan III F 75 O i 76 A B C D E 1 ) 2 TOTAL COST FOR ANSIN PROPERTY. RATE 100.00 PER HOUR 3 4 AREA CLEANED HOURS TOTAL COST ANSIN SHARE ANSIN COST 5 6 ANSIN PROPERTY - 245 $ 24,500.00 50% $ 12,250.00 7 COUNTY PROPERTY 141 $ 14,100.00 40% $ 5,640.00 8 M SMITH under 510 BRIDGE $ 11,315.00 40% $ 4,526.00 9 10 11 ANSIN SHARE _ $ 22,416.00 12 13 14 15 ITOTAL COST FOR COUNTY PROPERTY 16 17 COUNTY PROPERTY 141 $ 14,100.001 20% $ 2,820.00 18 M SMITH under 510 BRIDGE $ 11,315.00 20% $ 2,263.00 19 20 21 COUNTY SHARE $ 5,083.00 22 23 24 25 lCorrigan Projects share of cleaning Lateral D ditch on Ansin and County prope 26 27 CORRIGAN RANCH 100% 28 Ansin Property 245 $ 24,500.00 50% $ 12,250.00 29 COUNTY PROPERTY 141 $ 14,100.00 40% $ 5,640.00 30 M SMITH under 510 BRIDGE $ 11,315.00 40% $ 4,526.00 31 32 CORRIGAN SHARE $ 49,915.00 $ 22,416.00 33 34 35 36 37 38 x 76 a o • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., County Engineer FROM: William Johnson, P.E., Roadway Production Engineer SUBJECT: Work Order No. 1, Kimley-Horn and Associates, Inc. Indian River Boulevard and Grand Harbor Boulevard Mast Arm (IRC -1806) DATE: April 26, 2018 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with Kimley-Horn and Associates, Inc. The purpose of Work Order No. 1 is to provide survey, design and permitting services to add traffic signal mast arm assemblies, pedestrian crosswalks, sidewalks with ADA compliant ramps and associated drainage improvements at the intersection of Indian River Boulevard and Grand Harbor Boulevard. WorkOrder No.1 is for a total lump sum amount of $50,070.00. FUNDING Funding is budgeted and available in Optional Sales Tax/Account No. 31521441-066510-18025/IR Blvd and Grand Harbor Signal in the amount of $50,070.00. RECOMMENDATION Staff recommends approval of Work Order No. 1 to Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 1 on their behalf for a lump sum amount of $50,070.00. ATTACHMENTS Work Order No. 1 DISTRIBUTION Kimley-Horn and Associates, Inc. AGENDA ITEM FOR MAY 08, 2018 77 C:\Users\legistarr\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ECOD4054\@BCL.@ECOD4054.doc WORK ORDER NUMBER 1 INDIAN RIVER BLVD AND GRAND HARBOR BLVD — MAST ARMS Project Number: IRC -1806 This Work Order Number 1 is entered into as of this _ day of 2018, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A— SCOPE OF WORK Indian River Blvd & Grand Harbor Blvd Signalization - Mast Arm Assembly The COUNTY desires to improve the intersection by installation of a mast arm traffic signal, pedestrian crosswalks and curb ramps, including sidewalk ramps and landings, associated signage and miscellaneous pavement markings as needed. Review the left turn lane lengths in both directions of the Indian River Boulevard and adjust to standard requirements. It is understood that the COUNTY will provide the geotechnical investigation findings necessary to support the foundation design calculations. A. Topographic Design Survev: The Consultant shall provide topographic design survey services necessary to support and facilitate contemplated design and permitting activities associated with this project. This task will consist of the preparation of digital base map topographic surveys in accordance with the Florida Minimum Technical Standards set forth by the Florida Board of Professional Surveyors in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. 1IPage 78 Work Order No. 1 Indian River Blvd & Grand Harbor Blvd - Mast Arm B. Signalization Plans: The COUNTY desires to prepare traffic signalization plans associated with the Grand Harbor/ Indian River Blvd intersection. It is understood that the proposed signalization improvements will consist of a mast arm traffic signal assembly at the subject intersection which will be designed to meet current IRC and FDOT standards. The plans will include the design and layout of proposed signal poles, signal heads, video detection, conduit, and pull boxes. The plans will include all call outs, controller timing chart, signal head details, sign details, controller notes, signal operating plan, overhead street name sign design details, pole schedules, tabulation of quantities. The set of plans will include the following sheets: key sheet; tabulation of quantities; general notes; plan sheet; sign work sheets (if necessary) and mast arm assemblies' data tables. The set of plans shall consist of the following: Notes: (P) -Preliminary, (S) -Substantially Complete, (F) -Final The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, General Notes Sheet, Plan Sheets, Cross Section Sheets, Erosion Control Sheets, Signalization Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. Page 2 of 7 79 40% 80% 100% Cover Sheet P S F General Notes/ Legend P S F Tabulation of Quantities/ General P S F Roadway Plan Sheets P S F Signing & Pavement Marking Plans P S F Signalization and Pay Item Notes P S F Signalization Plans P S F Fiber Optic Plan P S F Standard Mast Arm Tabulation P S F tandard Mast Arm Assemblies Data Table P S F Sign Details P S F Construction Cost Estimate and Quantities P S F Notes: (P) -Preliminary, (S) -Substantially Complete, (F) -Final The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, General Notes Sheet, Plan Sheets, Cross Section Sheets, Erosion Control Sheets, Signalization Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. Page 2 of 7 79 Work Order No. 1 Indian River Blvd & Grand Harbor Blvd - Mast Arm The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal PI's shall be included on the Plan or summarized in an alignment table. ' 3. Signing and Pavement Markings will be included within the Construction Documents. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and COUNTY standards. 4. Plans shall include spot grades adequate to describe any proposed grading. S. Match lines shall not be located within the limits of an intersection. 6. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 7. All quantities shall reference FDOT Pay Item Numbers. 8. All details shall reference FDOT Index Numbers, where applicable. 9. All specifications shall reference the FDOT Specifications for Road and Bridge Construction. Any deviations or special specifications not included in FDOT Specifications will be provided in the Technical Specifications. 10. Initial (40% completion), interim (80% completion) and Final Plan (100% completion) Submittal shall include the following: L Three (3) Sets Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1) CD with drawings in PDF format. The Consultant will be responsible for producing an opinion of probable cost (OPC) estimate and reviewing and updating the OPC when scope changes occur and/or at Page 3 of 7 80 Work Order No. 1 Indian River Blvd & Grand Harbor Blvd - Mast Arm designated milestones of the project. A Summary of Pay Items sheet shall be prepared with all required Initial (40%), Interim (80%) and Final Plan (100%) submittals. The Final Plans will be provided signed and sealed. The plans will be prepared based upon English units. The design will be conducted in MicroStation and Geopak. The Final Plans will be provided in Autodesk Civil 3D format. C. Signing and Pavement Marking Plans: Signing and Pavement Marking plans shall include: Preparation of the plan layout, key map, quantities (including signing and pavement marking quantity), tabulation of quantities, and detail of major signs. Plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design and drawn at the same scale as the Roadway Plans, furnished in reproducible form. D. Franchise Utility Coordination: The Consultant will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. Franchise utility adjustments, designed by the respective franchise utility, will be requested by the Consultant and reflected within the prepared construction documents. The Consultant will coordinate with the electrical service provider relative to the location and infrastructure required to accommodate the proposed power supply location. Page 4 of 7 Work Order No. 1 Indian River Blvd & Grand Harbor Blvd - Mast Arm EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Topographic Design Survey $ 4,990 Signalization Plans $24,700 Signing and Marking Plans $12,280 Franchise Utility Coordination $ 8,100 Project Total $50,070 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 5 of 7 82 Work Order No. 1 Indian River Blvd & Grand Harbor Blvd - Mast Arm EXHIBIT C— TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately six (6) months from the Notice to Proceed (NTP). NTP contingent upon BOCC approval Initial Submittal (40% Design Drawings) 2 months following NTP Interim Submittal (80% Design Drawings) 4 months following NTP Final Submittal (100% Design Drawings) 6 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 6 of 7 83 Work Order No. 1 Indian River Blvd & Grand Harbor Blvd - Mast Arm IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. By: trn , P.E. Title: Senior Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney Page 7 of 7 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., County Engineer FROM: William Johnson, P.E., Roadway Production Engineer SUBJECT: Work Order No. 2, Kimley-Horn & Associates, Inc. 43rd Avenue & 26th Street Intersection Improvements (IRC -1808) DATE: April 26, 2018 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with Kimley-Horn and Associates, Inc. The purpose of Work Order No. 2 is to provide survey, design and permitting services to accommodate the pending 43rd Avenue widening south of 26th Street and the future expansion of 26th Street/Aviation Boulevard. Work Order No. 2 is for a total lump sum amount of $120,000.00. FUNDING Funding is available in Traffic Impact Fees, District 2/Account No. 10215241-066510-06011/26th Street/43rd Avenue Intersection in the amount of $120,000.00. RECOMMENDATION Staff recommends approval of Work Order No. 2 to Kimley-Horn & Associates, Inc., authorizing the professional services as outlined in the Scope of Services (Exhibit A) and requests the Board authorize the Chairman to execute Work Order No. 2 on their behalf for a lump sum amount of $120,000.00. ATTACHMENTS Work Order No. 2 DISTRIBUTION Kimley-Horn & Associates, Inc. AGENDA ITEM FOR MAY 08. 2018 85 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940DCCCE\@BCL@940DCCCE.doc V i44 U WORK ORDER NUMBER 2 43rd Avenue & 26th Street Intersection Improvements Project Number: IRC -1808 This Work Order Number 2 is entered into as of this _ day of 2018, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN-AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A— SCOPE OF WORK 43rd Avenue & 26th Street Intersection Improvements The COUNTY desires to expand the 43rd Avenue & 26th Street intersection to accommodate the pending 43rd Avenue widening south of 26th Street to a five -lane urban non -divided section and the future contemplated expansion of 26th Street/ Aviation Boulevard to a four -lane urban divided thoroughfare roadway. The intersection will be expanded to provide for fully developed dedicated left and right turn auxiliary lanes in the remaining three approaches, then transitioning back to existing lane configurations. The intersection improvement will provide for pedestrian and bicycle lane facilities within the limits of the intersection improvement. The scope of work will also include a wayfinding monument sign, a pedestrian crosswalk lighted warning system and independent intersection roadway lighting. A. Supplemental Design Survey: The Consultant shall provide supplemental design survey services necessary to support and facilitate contemplated design and permitting activities associated with this project to reflect changes in field conditions that have occurred since the original Aviation Boulevard Widening Project design survey was completed. This task will consist of the preparation of 11Page Work Order No. 2 43rd Avenue & 261' Street Intersection Improvements digital base map topographic surveys in accordance with the Florida Minimum Technical Standards set forth by the Florida Board of Professional Surveyors in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. B. Roadway Plans: Roadway set of plans shall consist of the following: Notes: (P) -Preliminary, (S) -Substantially Complete, (F) -Final The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, Typical Section Sheet, General Notes Sheet, Plan and Profile Sheets, Cross Section Sheets, Erosion Control Sheets, Signalization Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. Page 2 of 8 87 40% 80% 100% Cover Sheet P S F Summary of Pay Items P S F Drainage Maps P S F Typical Sections P S F Summary of Quantities & General Notes P S F Project Layout P S F Plan and Profile Sheets (40 scale) P S F Special Details P S F Roadway Soil Survey P S F Cross Sections at 100 ft intervals P S F tormwater Pollution Prevention Plans P S F Signing & Pavement Marking Plans (40 scale double plan) P S F Monument Signage P S F Signalization Plans P S F Lighting Plans P S F Construction Cost Estimate and Quantities P S F Notes: (P) -Preliminary, (S) -Substantially Complete, (F) -Final The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, Typical Section Sheet, General Notes Sheet, Plan and Profile Sheets, Cross Section Sheets, Erosion Control Sheets, Signalization Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. Page 2 of 8 87 Work Order No. 2 431 Avenue & 261h Street Intersection Improvements 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal PI's shall be included on the Plan or summarized in an alignment table. 3. Signing and Pavement Markings will be included within the Construction Documents. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and COUNTY standards. 4. Plans shall include spot grades adequate to describe any proposed grading. 5. Match lines shall not be located within the limits of an intersection. 6. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 7. All quantities shall reference FDOT Pay Item Numbers. 8. All details shall reference FDOT Index Numbers, where applicable. 9. All specifications shall reference the FDOT Specifications for Road and Bridge Construction. Any deviations or special specifications not included in FDOT Specifications will be provided in the Technical Specifications. 10. Initial (40% completion), interim (80% completion) and Final Plan (100% completion) Submittal shall include the following: I. Three (3) Sets Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1) CD with drawings in PDF format. The Consultant will be responsible for producing an opinion of probable cost (OPC) estimate and reviewing and updating the OPC when scope changes occur and/or at designated milestones of the project. A Summary of Pay Items sheet shall be prepared with all required Initial (40%), Interim (80%) and Final Plan (100%) submittals. The Final Plans will be provided signed and sealed. The plans will be prepared based upon English units. The design will be conducted in MicroStation and Geopak. The Final Plans will be provided in Autodesk Civil 3D format. Page 3 of 8 Work Order No. 2 431 Avenue & 2611 Street Intersection Improvements C. Drainage Design and Permitting: The Consultant will perform drainage investigations and analysis necessary to prepare a design which will drain the project in accordance with the COUNTY, St. Johns River Florida Water Management District .(SJRWM D), Indian River Farms Water Control District (IRFWCD) and U.S. Army Corps of Engineers (ACOE) design criteria. 1. The Consultant will submit a permit applications to the SJRWMD, IRFWCD and ACOE to support the proposed improvements. 2. The Consultant will submit the plans to the Federal Aviation Administration to obtain a letter of No Objection relative to the improvements proposed to be constructed within the intersection due to the proximity of Runway No. 4. 3. The Consultant will design for the enclosure of the IRFWCD sub -lateral located along the Southside of 26th Street to accommodate the proposed intersection widening and signalization improvements. 3. A Stormwater Pollution Prevention Plan (SW3P) will be developed in conjunction with this project. The site specific SW3P is a requirement of both the EPA National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities, and the FDEP Generic Permit for Stormwater Discharges from Construction Activities. 4. All permit fees will be paid directly by the COUNTY and are not included in the lump sum fees. D. Signing and Pavement Marking Plans: Signing and Pavement Marking plans shall include: Preparation of the plan layout, key map, quantities (including signing and pavement marking quantity), tabulation of quantities, and detail of major signs. Plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design and drawn at the same scale as the Roadway Plans, furnished in reproducible form. E. Franchise Utility Coordination: The Consultant will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. Franchise utility adjustments, designed by the respective franchise utility, will be requested by the Consultant and reflected within the prepared construction documents. Page 4 of 8 M Work Order No. 2 43rd Avenue & 261" Street Intersection Improvements F. Monument Signage: The Consultant shall prepare construction plans to support the construction of a wayfinding monument sign complimentary to the newly constructed wayfinding monument sign constructed at Aviation Boulevard and Airport Drive. The Consultant shall prepare specific design documents indicating the style, size, materials, finishes, etc. necessary to construct the final approved sign. The Consultant shall coordinate with the City of Vero Beach and the Vero Beach Regional Airport Director. The Consultant shall also prepare a foundation planting plan to support the sign installation. It is not anticipated that an irrigation system will be required to support the foundation plantings. G. Signalization Plans: The COUNTY desires to prepare traffic signalization plans associated with the 43rd Avenue/ 26th Street intersection. It is understood that the proposed signalization improvements will consist of a mast arm traffic signal assembly at the subject intersection which will be designed to meet current IRC and FDOT standards. The plans will include the design and layout of proposed signal poles, signal heads, video detection, conduit, and pull boxes. The plans will include all call outs, controller timing chart, signal head details, sign details, controller notes, signal operating plan, overhead street name sign design details, pole schedules, tabulation of quantities. The set of plans will include the following sheets: key sheet; tabulation of quantities; general notes; plan sheet; sign work sheets (if necessary) and strain pole schedule. H. Lighting Plans: The Consultant will develop lighting plans to support the intersection improvements. It is intended that the street lighting system will utilize standard City of Vero Beach Transmission and Distribution fixtures and poles and will not require a metered circuit. Page 5 of 8 90 Work Order No. 2 43rd Avenue & 26"' Street Intersection Improvements EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Supplement Design Survey $4,500 Roadway Plans $ 50,805 Drainage Design and Permitting $ 12,290 Signing and Marking Plans $15,835 Franchise Utility Coordination $ 9,420 Monument Signage $ 5,750 Signalization Plans $16,600 Lighting Plans $ 4,800 Project Total $120,000 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 6 of 8 91 Work Order No. 2 431 Avenue & 2611 Street Intersection Improvements EXHIBIT C—TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately nine (9) months from the Notice to Proceed (NTP). NTP Initial Submittal (40% Design Drawings) Interim Submittal (80% Design Drawings) Final Submittal (100% Design Drawings) contingent upon BOCC approval 3 months following NTP 7 months following NTP 9 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 7 of 8 92 i Work Order No. 2 i 43rd Avenue & 26th Street Intersection Improvements IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. I By: By: B ian G d, P.E. Peter D. O'Bryan, Chairman Title: Senior Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney Page 8 of 8 93 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director From: Manuel Cabo, Telecommunications Manager SUBJECT: Extension of Agreement between Indian River County (IRC) and AT&T DATE: May 1, 2018 BACKGROUND: On February 16, 2010, the Board of County Commissioners approved three new contract service agreements with AT&T to cover the following County telephone systems: lines in the Vero Beach Central Office area, enhanced 911 Phone System, and lines operating in the Sebastian Central area. These agreements serviced the use of the phone lines by all offices under the Board of County Commissioners and the Constitutional Officers including the Elections Office and Sheriffs office, which benefited multiple individual accounts and created a 25.06% annual savings over previous agreements. On March 8, 2016 these contract agreements were extended for two years. The agreements are now due to be extended again. Attached are proposed AT&T service contract extensions, covering PRI (Primary Rate Interface) services, AT&T Centrex Telephone Line Services, 911 ANI (Automatic Number Identification) services, and 911 ALI (Automatic Location Information) services. ANALYSIS The attached AT&T Contract renewals are for two additional years, at the discounted rate structure that is currently in place, with an option to extend two additional years. The original contract agreements gave the County a 25% discount over the previous cost of the services provided by AT&T. The renewal of these agreements maintains this discount and shields the County against a Telecommunications rate increase. At current AT&T pricing levels, the county saves more than $39,079.66 per month with these agreements in place when compared to non -contractual AT&T rates. (See attached spreadsheet - contractual rate = $18,913.34 per month vs. non -contractual = $57,993.00 per month). As a utility, AT&T service is Purchase Order exempt, per the IRC Purchasing Manual, and there is not statutory requirement for the County to bid the service. AT&T is the only area service provider available that can provided the necessary services for the IRC PBX telephone systems currently utilized by the County. In order for the County to utilize other telephone service providers, the County must first convert to a VoIP telephone system that will cost approximately $500,000. AT&T PRI services are the main telecommunications format through which all IRC PBX telephone systems communicate with the PSTN (Public Switched Telephone Network). The PRIs handle most County telephone traffic, both incoming and outgoing, for multiple PBX telephone systems throughout the County. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B40D 1 8F9\@BCL@B40D 1 8F9.docx 94 Page 2 BCC Agenda Item: Extension of Agreement between Indian River County (IRC) and AT&T May 1, 2018 AT&T Centrex Telephone service is the telecommunications format through which most County remote locations, and smaller PBX Telephone service locations, are handled. Centrex lines allow the flexibility to re -direct incoming calls to alternate sites, such as during telephone service outages or emergencies. The AT&T contract extensions proposed here for Centrex services, are divided into two groups. These cover the two AT&T Central Office Exchange locations that currently serve IRC — Vero Beach, and Sebastian. The 911 services described in these AT&T contract extensions allow dispatchers to identify the address location of the 911 caller. This allows emergency services to be dispatched to the correct site in the event the caller cannot speak or the call is interrupted. AT&T is currently proposing telecommunications service changes through the FCC, along with other telecommunications providers, in an effort to ultimately retire legacy PSTN formats such as PRI, Centrex, and standard copper -based telephone lines. The effort is geared to replace these types of traditional telephone communications formats with IP based network services. As these efforts move forward, the cost of PSTN legacy telephone services will continue to escalate. The Telecommunications Division is currently working with NEC, our main PBX telephone systems provider, as well as with AT&T and others, on formats that will serve our Telecommunications systems in the future with formats such as SIP Trunk services, and IP Trunks over fiber optic network links. These new formats convert telephone conversations (voice) into data packets, which would then be transmitted and received over County internet circuits to the PSTN. These are the main PSTN communications formats for the more advanced VoIP (Voice over Internet Protocol) telephone systems that are currently driving the industry. FUNDING The agreements will service the use of the phone lines by all offices under the Board of County Commissioners and the Constitutional Officers including the Election's Office and the Sheriff's Office. There are a multitude of individual accounts that will be served through these agreements. Renewal of these agreements will ensure that there will be no change to the existing pricing schedules. The total estimated annual cost is $226,960.08. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the contract extensions to keep the price structure for these AT&T services from increasing. ATTACH M E NTS AT&T Spreadsheet Comparison of Contractual Rates versus Non -contractual Rates Contract Extension for 911 Services, Case Number FL18-0545-00 Contract Extension for Centrex Services Sebastian, Case Number FL18-0618-00 Contract Extension for Centrex PRI Services Vero Beach, Case Number FL18-0634-00 DISTRIBUTION AT&T Business Solutions APPROVED AGENDA ITEM FOR MAY 8, 2018 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B40D 1 8F9\@BCL@B40D 1 8F9.docx 95 Indian River County AT&T Current Services Contractual Rates vs. Non -contractual Rates Indian River County Existing Services Contractual Items under FL09-5566-03 St��atio,n..LL,innk�,k�s, �EEquui�ipped with Caller iD Flat Rate Non Contractual Rates 772-226-1000 - Contractual Rates FL09-5566.03&FL15.2588.00 Qty Unit Cost Monthly City Unit Cost Monthly Centrex Common Equipment P.P5 1 1 $2,580.00 $2,580.00 1 $900.00 $900.00 NARs 49 67 $14.77 $989.59 67 $10.00 $670.00 Hunting on NARS 67 67 $10.00 $670.00 67 $0.00 $0.00 Centrex Stations 303 359 $16.05 $5,761.95 359 $8.00 $2,872.00 Centrex Control per Station Link $50.00 303 $3.95 $1,196.85 303 $3.95 $1,196.85 Reserved Telephone numbers 246 $0.15 $36.90 246 $0.15 $36.90 Non -Publish Service $50.00 1 $5.50 $5.50 1 $0.00 $0.00 Business Lines 39 $140.00 $5,460.00 39 $23.00 $897.00 PRI w/23 B Channels 7 $3,966.50 $27,765.50 7 $500.00 $3,500.00 Optional Intra LATA LD (15,000min Plan) 60,000 $0.03 $1,740.00 4 $50.00 $200.00 Calling Name Delivery 5 25 $100.00 $140.00 $500.00 $3,500.00 5 25 $0.00 $120.00 $0.00 $3,000.00 FL09-6847-03 & FL15.2641.00. 911 EMXX trunks (9UL3X) Enh 911 Net Svc Chg (E8Z) 32 $107.90 $3,452.80 32 $100.00 $3,200.00 Total $53,659.09 $16,472.75 Indian River County Existing Services Contractual Items under FL09-5566-03 St��atio,n..LL,innk�,k�s, �EEquui�ipped with Caller iD Flat Rate 772-226-1000 X772 770 5000 135 Flat Rate PRI Description USOC QTY Monthly Non Published Service NP3 1 $0.00 Customized Common Equipment MSACC 1 $900.00 NAR Package-2Way-Flat Rt M9QCX 49 $490.00 M9Q1X-NAR Inward Mix 18 $180.00 Hunting/Rollover Service HTG 67 $0.00 Station Links Equipped with Caller ID Flat Rate M4LFH 359 $2,872.00 CENCA-Centrex Control per Station Link CENCA 303 $1,196.85 ATNCS-Assign Tel No. w/o Facilities ATNCS 246 $36.90 � Primary Rate ISDN 772-226-1000 Flat Rate PRI WDDKR 2 $1,000.00 Optional Calling Plans OCWFE 1 $50.00 Calling Name Delivery PR7CN 2 $0.00 772-226-3100 Flat Rate PRI WDDKR 2 $1,000.00 Optional Calling Plans OCWFE 1 $50.00 Calling Name Delivery PR7CN 2 $0.00 772-226-4000 Flat Rate PRI WDDKR 1 $500.00 Optional Calling Plans OCWFE 1 $50.00 Calling Name Delivery PR7CN 1 $0.00 772-569-5700 Flat Rate PRI WDDKR 2 $1,000.00 Optional Calling Plans OCWFE 1 $50.00 ■Local Business lines ---Various Billing Accounts Business Flat -Rate Multiline MFB 36 $1,032.00 Indian River County Existing Services Contractual Items under FL09-6847-03 riiiiiiiiiiiiiiiit9ll Trunks; ANI; AU and Selective Routing 911 EMXX trunks (9UL3X) 9UL3X 32 $3,840.00 Enh 911 Net Svc Chg (E8Z) E8Z 26 $2,600.00 96 AT&T Current Services Contractual Rates vs. Non -contractual Rates Indian River County Existing Services Contractual Items under FL09-6810-03 BEACHLANDCENTREX Non Contractual Rates Description Contractual Rates FL09-6810.03 i# FL15-2655-00 Monthly Qty UnitCost Monthly Ofty Unit Cost Monthly Centrex Common Equipment PP1 1 3 $100.00 $300.00 3 $30.00 $90.00 Centrex 8 99 $25.85 $2,559.15 99 $14.56 $1,441.44 Centrex Control per station link 13 99 $3.95 $391.05 99 $3.95 $391.05 NARs 3 43 $14.77 $635.11 43 $12.00 $516.00 Hunting on NARS 43 $10.00 $430.00 43 $0.00 $0.00 Reserved Telephone Numbers 14 $0.15 $2.10 14 $0.15 $2.10 Non -Publish Service 3 $5.50 $16.50 3 $0.00 $0.00 Total $4,333.91 $2,440.59 Indian River County Existing Services Contractual Items under FL09-6810-03 BEACHLANDCENTREX Description 772 492 2405 405 QTY Monthly Non Published Service Description USOC QTY Monthly Non Published Service NP3 1 $0.00 Customized Common Equipment M1ACS 1 $30.00 NAR Package-2Way-Flat Rt M9QCX 8 $96.00 Hunting/Rollover Service HTG 8 $0.00 Station Links Equipped with Caller ID Flat Rate M4LFH 13 $189.28 CENCA-Centrex Control per Station Link CENCA 13 $51.35 ATNCS-Assign Tel No. w/o Facilities ATNCS 3 $0.45 SEBASTIAN CENTREX 772 589 1355 355 Description USOC QTY Monthly Non Published Service NP3 1 $0.00 Customized Common Equipment M1ACS 1 $30.00 NAR Package-2Way-Flat Rt M9QCX 30 $360.00 Hunting/Rollover Service HTG 30 $0.00 Station Links Equipped with Caller ID Flat Rate M4LFH 81 $1,179.36 CENCA-Centrex Control per Station Link CENCA 81 $319.95 ATNCS-Assign Tel No. w/o Facilities ATNCS 9 $1.35 FELLSMERE CENTREX 772 5712303 146 Description USOC QTY Monthly Non Published Service NP3 1 $0.00 Customized Common Equipment M1ACS 1 $30.00 NAR Package-2Way-Flat Rt M9QCX 5 $60.00 Hunting/Rollover Service HTG 5 $0.00 Station Links Equipped with Caller ID Flat Rate M4LFH 5 $72.80 CENCA-Centrex Control per Station Link CENCA 5 $19.75 ATNCS-Assign Tel No. w/o Facilities ATNCS 2 $0.30 97 20180411-7119 aW Addendum to AT&T ILEC Intrastate Pricing Schedule FL18-0545-00 Case Number FL18-0545-00 139535UA AT&T MA Reference No. 139535ua CUSTOMER ("Customer") AT&T ("AT&T") Indian River County 911 For purposes of this Pricing Schedule, AT&T means the Service Street Address: 1800 27 ST Provider specifically identified herein. 'City: Vero Beach State: FL Zip Code: 32960 - Billing Address Street Address: 1800 27 ST City: Vero Beach State: FL Zip Code: 32960- CUSTOMER Contact (for Contract Notices) AT&T Sales Contact Information and for Contract Notices Name: Manny Cabo Name: Nancy Vinez Title: Telecommunications Manager Title: Client Solutions Exec 2 Telephone: 772-226-1318 Fax: - Telephone: 561-568-3971 Fax: - - Email: mcabo@ircgov.com Email: nv5238@att.cwm Street Address: 1800 27 ST Attention: Assistant Vice President City: Vero Beach Street Address: 2180 Lake Blvd., 7n Floor State: FL Zip Code: 32960- City: Atlanta State: GA Zip Code: 30319 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast a@attcom This Pricing Schedule Addendum ("Addendum") for the service(s) identified below ("Service") is part of the Agreement referenced above. Customer requests that its identity be kept confidential and not be publicly disclosed by AT&T or by any regulatory commission, unless required by law. THE UNDERSIGNED PARTIES, AT&T Florida, ("Company') and Indian River County 911 ("Customer"), hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change Pricing Schedule FL09-6847-03. This Addendum is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved Guidebooks which are by this reference incorporated herein. Page 1 of 7 AT&T and Customer Confidential Information aw Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL18-0545-00 This Agreement signed by AT&T first, is effective upon Customer signature provided that such fully signed Agreement is returned to AT&T not more than forty-five (45) days after AT&T's signature date. Any change made to this document renders the Agreement null and void, except for changes expressly authorized by the terms of this Agreement, Offer Expiration: This offer shall expire on: 8/5/2018. Customer (by its authorized representative) AT&T (by its authorized representative) By: By: �)" L Printed or Typed Name: Peter D. O'B an Print Name: or Type At., g2p-bp Title: Chairman Title: d - Date: Date: (Z, Z,t}f KG898B Page 2 of 7 AT&T and Customer Confidential Information 99 aw Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FI -1 M545-00 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman Approved by BCC, Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller in Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney Jason E. Brown, County Administrator Page 3of7 AT&T and Customer Confidential Information 100 aw Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL18-0545-00 Option 1 of 1 Service description: SERVICE: This Addendum adds additional rate elements and term to the existing E911 Public Safety Answering Point (PSAP) equipment and software. TERM: This Addendum provides for a twenty-four (24) month service period from the acceptance of this Addendum by the Company. All terms and conditions of Pricing Schedule FL09-6847-03 apply to this Addendum unless modified herein. Upon mutual agreement of the parties, Customer may renew this Pricing Schedule to provide for an upgrade of the E911 equipment/service. An Upgrade is defined as a replacement of existing equipment to available newer technology at the time of the request. Page 4 of 7 . AT&T and Customer Confidential Information 101 aw Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL18-0545-00 Option 1 of 1 RATES AND CHARGES Rate Elements Non -Recurring Monthly Rate USOC 1 E911, Automatic Number ID $.00 $47.00 9UK3X 2 E911, Auto Loc ID-Sel Routing 3 E911 Automatic Number ID & Selective Routing 4 E911, Selective Routing Provided forlby Other Company 5 E911 Automatic Number ID, Location ID & Selective Routing 6 Combined Automatic Number, Location ID -Selective Routing $.00 $.00 $.00 $.00 $.00 $120.00 9UL3X $100.00 9UN3X $82.00 9UR3X $130.00 9US3X $100.00 E8Z Page 5 of 7 AT&T and Customer Confidential Information 102 at&t Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL18-0545-00 Option 1 of 1 RATES AND CHARGES NOTES: The 'NOTES' Section of the'RATES AND CHARGES' pages of the existing Pricing Schedule is replaced in its entirety with the following: 1. The Customer must subscribe to additional elements set forth in this Agreement within the first twelve (12) months of acceptance of the Agreement. The addition of elements after the initial twelve (12) month period will require a new Special Service Arrangement. 2. Rates and charges herein are in addition to any applicable tariff rates and charges. Rules and regulations of the Genera I Subscriber Services Tariff apply. 3. This Agreement does not cover the following: - damages caused by disasters such as fire, flood, wind, lightning, or earthquake. damages caused by unauthorized disconnects or de -powering of the equipment. damages caused by power surges, under voltage, over voltage, brownouts, or ground faults caused by commercial AC power and/or Customer provided generators. damages caused by modifications to the equipment, unauthorized attachments, alterations, modification or relocation of the equipment by an unauthorized person. damage during shipment other than original shipment to the Customer. damage caused by consumables or spilled liquids, impact with other objects. damage caused by any other abuse, misuse, mishandling, misapplication. damage caused by software viruses, however introduced. This Agreement does not include hardware or software replacement that may be required by the introduction of software viruses or lost data regardless of the cause. Company or its supporting vend ors may assist in the repair or recovery efforts at current time and materials rates. Except as provided in Note 4 below, in addition, in the case of damage, loss, theft or destruction of the equipment or software not due to ordinary wear and tear, the Customer shall be required to pay the expense incurred by the Company in connection with the rept acement of the equipment damaged, lost, stolen or destroyed or the expense incurred in restoring it to its original condition. 4. Hardware not provided by the Company will not be repaired, replaced or maintained by the Company even though interconnected or integral to the Service. All Customer -provided equipment must be clearly marked and listed on a separate worksheet. The Customer also agrees to obtain prior written approval from the Company before additional software is added to the Service and agrees to pay current time and material charges for problems attributable to non -approved software. 5. Customer acknowledges that software installation is limited to the applications sold under this or other AT&T agreements. 6. Customer acknowledges that it has reviewed the proposed configuration and represents storage sizing is adequate for the current site operations. Future operational changes or additional storage requirements may necessitate additional equipment which will be billable to the Customer. Page 6 of 7 AT&T and Customer Confidential Information 103 dt&t Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL18-0545-00 Option 1 of 1 7. SPECIAL TERMS AND CONDITIONS FOR PSAP — LAN CONFIGURATIONS OR INSTALLATIONS CUSTOMER WARRANTS TO AT&T AND ALL 911 EMERGENCY SERVICE USERS THAT THE 911 EQUIPMENT AND/OR SERVICES BEING PROVIDED HEREUNDER, OR PREVIOUSLY SUPPLIED BY AT&T, IS NOT CONNECTED AND WILL NOT BE CONNECTED TO ANY LOCAL AREA NETWORK ('LAM') OR ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL, INCLUDING WITHOUT LIMITATION THE NATIONAL CRIME INFORMATION CENTER NETWORK ("CIC") OR SIMILAR NETWORK; PROVIDED, HOWEVER, THAT CUSTOMER MAY CONNECT SAID EQUIPMENT AND/OR SERVICES TO THE CIC OR SIMILAR NETWORK IF AND ONLY IF SUCH CONNECTION IS EXPRESSLY APPROVED IN WRITING BY AT&T, WHICH APPROVAL SHALL BE IN AT&T'S SOLE DISCRETION. AT&T RELIES ON THIS REPRESENTATION BY CUSTOMER IN AGREEING TO INSTALL AND/OR MAINTAIN SAID EQUIPMENT AND ALL SERVICES THEREON. AT&T MAINTAINS A STRICT POLICY ("PSAP NETWORK SECURITY POLICY") THAT IT WILL INSTALL 911 EQUIPMENT ONLY IN A SECURE PSAP LAN, AND ONLY WHERE SUCH LANS ARE NOT CONNECTED TO ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL. AT&T WILL NOT INSTALL OR TERMINATE A PSAP LAN TO A FIREWALL: AT&T WILL IDENTIFY THE DEMARCATION POINT FOR THE PSAP LAN, BEYOND WHICH CUSTOMER AGREES THAT AT&T IS NOT RESPONSIBLE. IN THE EVENT CUSTOMER CONNECTS ITS PSAP LAN TO ANY OTHER COMPUTER NETWORK, CONTRARY TO AT&T'S EXPRESS PSAP NETWORK SECURITY POLICY (WHICH CUSTOMER ACKNOWLEDGES IT HAS RECEIVED AND READ), AND THE PSAP LAN IS INFECTED. OR DAMAGED AS A RESULT OF SUCH ACTIONS, THEN ALL WARRANTIES, AND MAINTENANCE AND SERVICE PROVISIONS OF THIS AGREEMENT SHALL BE NULL AND VOID AND AT&T DISCLAIMS ANY LIABILITY WHATSOEVER RELATING TO ANY PSAP LAN WHICH CUSTOMER OR ITS AGENTS CONNECT TO ANY OTHER COMPUTER NETWORK CONTRARY TO THE PSAP NETWORK SECURITY POLICY. UNDER SUCH CIRCUMSTANCES, AT&T WILL PROVIDE REPAIR SERVICES FOR THE PSAP LAN AT CUSTOMER'S REQUEST, WHICH WILL BE BILLED ON A TIME AND MATERIALS BASIS AT AT&T'S THEN -PREVAILING SERVICES RATES, CUSTOMER FURTHER AGREES TO INDEMNIFY AND HOLD AT&T HARMLESS FOR ANY DAMAGES TO OR CLAIMS BY ANY THIRD PARTY AGAINST AT&T WHICH ARISE IN WHOLE OR IN PART FROM CUSTOMER'S CONNECTION OF THE 911 EQUIPMENT AND/OR SERVICES BEING PROVIDED HEREUNDER TO ANY LAN OR ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL, INCLUDING WITHOUT LIMITATION THE NATIONAL CIC. 8. In the event that all or any part of this Agreement is terminated at the Customer's request prior to the expiration of the Agreement term, the Customer will be required to pay the applicable termination charge as stated in this Agreement. The Agreement provisions concerning termination liability shall be inapplicable to any state, county, parish, or municipal governmental entity when there is in effect, as a result of action by such entity and through a duly constituted legislative, administrative, or executive body: 1. a statute; 2. an ordinance; 3. a policy directive; or 4. a constitutional provision which restricts or prohibits an additional contractual payment for early termination of a contract by any such entity, or agency thereof, due to an unavailability of funding. When service is being provided and funding to the governmental entity for such service becomes unavailable, the governmental entity may cancel the service without additional payment obligation. Absent any official statute, ordinance, policy directive, or constitutional provision, the Customer shall be responsible for the termination charge. There are no other additions, deletions or changes to the above referenced Pricing Schedule included in this Addendum. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force and in effect. All trademarks or service marks contained herein are the property of the respective owners. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 7 of 7 AT&T and Customer Confidential Information 104 20180413-8198 W at&t Addendum to AT&T ILEC Intrastate Pricing Schedule FL18-0618-00 Case Number FL18-0618-00 139535UA AT&T MA Reference No. 139535UA CUSTOMER "Customer" AT&T "AT&T" Indian River County For purposes of this Pricing Schedule, AT&T means the Service Street Address: 1800 27th St Provider specifically identified herein. City: Vero Beach State: FL Zip Code: 32960 - Billing Address Street Address: 1800 27th St City: Vero Beach State: FL Zip Code: 32960 - CUSTOMER Contact (for Contract Notices) AT&T Sales Contact Information and for Contract Notices Name: Manny Cabo Name: Nancy Vlnez Title: IT Manager Title: Account Manager 2 Telephone: 772-226-1318 Fax: - Telephone: 561-568-3971 Fax: - - Email: mcabo@ircgov.com Email: nv5238@att.com Street Address: 1800 27th St Attention: Assistant Vice President City: Vero Beach Street Address: 2180 Lake Blvd., 70 Floor State: FL Zip Code: 32960- City: Atlanta State: GA Zip Code: 30319 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast att.com This Pricing Schedule Addendum ("Addendum") for the service(s) identified below ("Service") is part of the Agreement referenced above. Customer requests that its identity be kept confidential and not be publicly disclosed by AT&T or by any regulatory commission, unless required by law. THE UNDERSIGNED PARTIES, AT&T Florida, ("Company") and Indian River County ("Customer"), hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change Pricing Schedule FL09-5566-03, This Addendum is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved Guidebooks which are by this reference incorporated herein. Page 1 of 5 AT&T and Customer Confidential Information 105 aw Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL18-0618-00 This Agreement signed by AT&T first, is effective upon Customer signature provided that such fully signed Agreement is returned to AT&T not more than forty-five (45) days after AT&T's signature date. Any change made to this document renders the Agreement null and void, except for changes expressly authorized by the terms of this Agreement. Offer Expiration: This offer shall expire on: 8/9/2018. Customer (by its authorized representative) AT&T b its authorized representative By: By: Printed or Typed Name: Printed or Typed Name. Title: Title: - r7 ` �rAV Date:. Date; qj U KG868B BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney Jason E. Brown, County Administrator Page 2 of 5 AT&T and Customer Confidential Information V 106 aw Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL18-0618-00 Option 1 of 1 Service description: SERVICE: This addendum provides an extension of Centrex as part of Business Services. TERM: The term of this Agreement is twenty-four (24) months with two (2) one year renewal options with a sixty (60) day written notice to Company from Customer and with mutual agreement by both parties. All terms and conditions of Pricing, Schedule FL09-5566-03 apply to this Addendum unless modified herein: Page 3 of 5 AT&T and Customer Confidential Information 107 Addendum to AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES Rate Elements There are no changes to the existing rate elements. Non -Recurring $.00 Page 4 of 5 AT&T and Customer Confidential Information Case Number FL18-0618-00 Option 1 of 1 Monthly Rate USOC $.00 108 &t&t Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL18-0618-00 Option 1 of 1 RATES AND CHARGES NOTES: The 'NOTES' Section of the 'RATES AND CHARGES' pages of the existing Pricing Schedule is modified with the following: SERVICE AND SERVICE COMPONENT WITHDRAWAL Service and Service Component Withdrawals during Pricing Schedule Term Prior Notice Required from AT&T to Withdraw and Terminate a Service 12 months Prior Notice Required from AT&T to Withdraw and Terminate a Service Component 120 days EARLY TERMINATION CENTREX If Customer migrates an AT&T ILEC Centrex Service or Service Component, (the "Terminated ILEC Service") to a qualifying AT&T Business Voice over IP (BVoIP) Service, then AT&T will waive the Early Termination Charge directly resulting'from terminating the Terminated ILEC Service if: (1) the Terminated ILEC Service has been installed at the Customer site for no fewer than 12 months; (2) the term for the replacement agreement is equal to or greater than the remaining term for the Terminated ILEC Service; (3) the replacement AT&T BVoIP Service is installed or available at the same Customer sites as the Terminated ILEC Service; and (4) activation of the replacement AT&T BVoIP service at the Customer site occurs within 90 days of termination of the Terminated ILEC Service at that Customer site. There are no other additions, deletions or changes to the above referenced Pricing Schedule included in this Addendum. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force and in effect. All trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 5 of 5 AT&T and Customer Confidential Information 109 aw Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL18-0634-00 AT&T MA Reference No. 139535UA CUSTOMER "Customer") AT&T ("AT&T" Indian River County For purposes of this Pricing Schedule, AT&T means the Service Street Address: 1800 27th St Provider specifically identified herein. City: Vero Beach State: FL Zip Code: 32960- Billinq Address Street Address: 1800 27th St City: Vero Beach State: FL Zip Code: 32960 - CUSTOMER Contact (for Contract Notices) AT&T Sales Contact Information and for Contract Notices Name: Manny Cabo Name: Nancy Vinez Title: Telecom Manager Title: Account Manager 2 Telephone: 772-226-1318 Fax: Telephone: 561-568-3971 Fax: Email: mcabo@ircgov.com Email: nv5238@att.com Street Address: 1800 27th St Attention: Assistant Vice President City: Vero Beach Street Address: 2180 Lake Blvd., 7h Floor State: FL Zip Code: 32960- City: Atlanta State: GA Zip Code: 30319 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: Dast@att.com This Pricing Schedule Addendum ("Addendum") for the service(s) identified below ("Service") is part of the Agreement referenced above. Customer requests that its identity be kept confidential and not be publicly disclosed by AT&T or by any regulatory commission, unless required by law. THE UNDERSIGNED PARTIES, AT&T Florida, ("Company") and Indian River County ("Customer"), hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change Pricing Schedule FL09-6810-03. This Addendum is based upon the folloWng terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved Guidebooks which are by this reference incorporated herein. Page 1 of 5 AT&T and Customer Confidential Information 110 20180413-8181 aw Addendum to AT&T ILEC Intrastate Pricing Schedule FL18-0634-00 Case Number FL18-0634-00 This Agreement signed by AT&T first, is effective upon Customer signature provided that such fully signed Agreement is returned to AT&T not more than forty-five (45) days after AT&T's signature date. Any change made to this document renders the Agreement null and void, except for changes expressly authorized by the terms of this Agreement. Offer Expiration: This offer shall expire on: 8/9/2018. Customer (by its authorized representative) AT&T b its authorized representative) B: B: pa A4k Printed or Typed Name: Printed or ed Name: S_mu Title: n 'Title:, � J wbxl Date: Date: KG898B BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney Jason E. Brown, County Administrator Page 2 of 5 AT&T and Customer Confidential Information 111 aw Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL18-0634-00 Option 1 of 1 Service description: SERVICE: This addendum provides an extension of Centrex, Primary Rate ISDN and Business Lines as part of Business Services. TERM: The term of this Agreement is twenty-four (24) months with two (2) one year renewal options with a sixty (60) day written notice to Company from Customer and with mutual agreement by both parties. All terms and conditions of Pricing Schedule FL09-6810-03 apply to this Addendum unless modified herein. Page 3 of 5 AT&T and Customer Confidential Information 112 i i apt&t i i Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL18-0634-00 Option 1 of 1 RATES AND CHARGES Rate Elements Non -Recurring Monthly Rate USOC i 1 There are no changes to the existing $.00 $.00 rate elements. Page 4 of 5 AT&T and Customer Confidential Information 113 0 at&t Addendum to AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES NOTES: Case Number FL18-0634-00 Option 1 of 1 The 'NOTES' Section of the 'RATES AND CHARGES' pages of the existing Pricing Schedule is modified with the following: SERVICE AND SERVICE COMPONENT WITHDRAWAL Service and Service Component Withdrawals during Pricing Schedule Term Prior Notice. Required from AT&T to Withdraw and Terminate a Service 12 months Prior Notice Required from AT&T to Withdraw and Terminate a Service Component 120 days EARLY TERMINATION CENTREX If Customer migrates an AT&T ILEC Centrex Service or Service Component, (the "Terminated ILEC Service") to a qualifying AT&T Business Voice over IP (BVoIP) Service, then AT&T will waive the Early Termination Charge directly resulting from terminating the Terminated ILEC Service if: (1) the Terminated ILEC Service has been installed at the Customer site for no fewer than 12 months; (2) the term for the replacement agreement is equal to or greater than the remaining term for the Terminated ILEC Service; (3) the replacement AT&T BVoIP Service is installed or available at the same Customer sites as the Terminated ILEC Service; and (4) activation of the replacement AT&T BVoIP service at the Customer site occurs within 90 days of termination of the Terminated ILEC Service at that Customer site. There are no other additions, deletions or changes to the above referenced Pricing Schedule included in this Addendum. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force and in effect. All trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 5 of 5 AT&T and Customer Confidential Information 114 r-- CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 30, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2018052 — Demolition of County Owned Structures BACKGROUND: On behalf of the Public Works Department, bids were solicited for the demolition and removal of structures located on three county owned parcels, acquired for right-of-way. BID RESULTS: Advertising Date: March 22, 2018 Bid Opening Date: April 13, 2018 Demandstar Broadcast to: 589 Subscribers Specifications/Plans Downloaded by: 17 Vendors Replies: 2 Vendors Bidder Location 713566 1h Ave 685566 th Ave 5210 851h St Total Bid DJP General Contracting 'Fort Pierce $11,994.00 $21,000.00 $24,000.00 $56,994.00 Services, Inc. Construction Management of Vero Beach $35,069.03 $40,480.64 $54,095.33 $129,645.00 Florida, Inc. ANALYSIS: The Public Works Department has reviewed the bids received and determined DJP General Contracting Services, Inc. to be the lowest responsive and responsible bidder, and has recommended award to them. DJP has successfully completed several demolition projects for the County. SOURCE OF FUNDS: Funds are available for the two 66th Avenue parcels and the 85th Street parcel as shown below. 115 CONSENT Parcel Address Total Bid Account . Title in 713566 Ave $11,994.00 31521441-066510-16009 Road and Bridge/66th Ave Right-of-Way/65th St to 83 d St 6855 6611 Ave $21,000.00 10215241-066510-07806 District 2 Roads/66th Ave from 49th St to 65th St 5210 85th St $24,000.00 10215141-066510-05023 District 1 Roads/CR 510 from 55th Ave to IR Blvd RECOMMENDATION: Staff recommends the Board award Bid 2018052 to DJP General Contracting Services, Inc. and authorize the Purchasing Division to issue a Purchase Order for the work. 116 (o, A. 1,. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: April 24, 2018 SUBJECT: Mark Almeter and Iain Plank's Request for Special Exception Use Approval for a Private Airstrip [SP -SE -17-04-05 / 2004040060-785781 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 8, 2018. DESCRIPTION & CONDITIONS Masteller & Moler, Inc. on behalf of Mark Almeter and Iain Plank, has submitted an application for major site plan and special exception use approval to construct a new private airstrip (not open to the public) along the property line shared by Mr. Almeter and Mr. Plank. The subject site consisting of the Almeter and Plank properties is approximately 76.8 acres in size and is located between 130th Avenue SW and 138th Avenue SW, immediately north of the Indian River County/St. Lucie County boundary, approximately 7 miles west of I-95 (see attachment #2). The site is zoned A-2, Agricultural -2 (up to 1 unit per 10 acres), a zoning district in which special exception use approval is required for a private airstrip. The proposed private airstrip will consist of approximately 7 acres which includes a 1,415' long and 60' wide grassed airstrip with a 575' over -run area at each end. The proposed east/west airstrip is centered on the Almeter/Plank shared property line and is intended to provide easy access to remote agricultural properties for out of town owners. In this case, the applicants have applied for concurrent site plan and special exception use approval. Consistent with the land development regulations (LDRs), staff has conditionally approved the site plan application subject to BCC (Board of County Commissioners) approval of the special exception use request. It should be noted that County staff coordinated with both the St. John's Improvement District and St. Lucie County staff during the development review process. Neither agency had any comments related to the project. Pursuant to Section 971.05 of the land development regulations (LDRs), the Board of County Commissioners is to consider the appropriateness of the requested use for the subject site and the compatibility of the use with the surrounding area. The Board is now to consider the special exception use request, and is to approve, approve with conditions, or deny the use request. 117 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 1 40E2E26\@BCL@ 1 40E2E26.docx PLANNING AND ZONING COMMISSION ACTION At its meeting of September 28, 2017, the Planning & Zoning Commission (PZC) voted 5-0 to recommend approval of the special exception use request as recommended by staff (see attachment #4). As part of the notification process for the PZC public hearing at least one adjacent property owner expressed interest in using the air strip, which helps address compatibility issues (see section 12 in this report). After the September 28, 2017 PZC meeting, the applicants developed a reciprocal easement ("airstrip easement") to allow an adjacent.property owner to use the air strip. That easement has now been executed and provides for maintenance operations, use, and indemnification (see attachment #5). If the special exception use is approved by the County, then the easement will be recorded in the public records and a recorded copy will be provided to the County. The applicants have also indicated a willingness to allow the other adjacent property owner the same reciprocal easement agreement. By offering use of the airstrip to adjacent owners under a reciprocal agreement, the applicants are providing a potential benefit to those owners rather than simply creating potential impacts on adjacent properties. ANALYSIS 1. Size of Development: Overall site size: 76.8 acres Area of development: 7 acres Note: The proposed airstrip bisects two parcels (Almeter parcel and Plank parcel) running east/west along the common property line. Since the improvement straddles the property lines, a reciprocal easement for use of the airstrip needs to be established and remain in effect for the life of the airstrip. The easement needs to be recorded prior to site plan release. 2. Zoning Classification: A-2, Agricultural -2 (up to 1 unit per 10 acres) 3. Land Use Designation: AG -2, Agricultural -2 (up to 1 unit per 10 acres) 4. Building Area: Proposed: 0 square feet Note: No new building is proposed. There is an existing agricultural building and stabilized parking area on the southern parcel which does not appear to be in conflict with the proposed airstrip and which will remain. 5. Impervious Area: Proposed: 0 square feet Note: There is no new impervious area proposed with this application. The airstrip is proposed to be grassed for use by light aircraft. 6. Open Space: Required: 80% Proposed: 99.8% 7. Traffic Circulation: Access to the proposed project is provided via a stabilized two-way driveway connection to 1301h Avenue SW, which is a semi -improved dirt road located within St. Johns Improvement District (SJID) right-of-way. The site is accessed from 130th Avenue SW which connects to an extension of 9th Street SW (Oslo Road). 118 C:\Users\legistar\AppData\l oca]\Temp\BCL Technologies\easyPDF 8\@BCL@140E2E26\@BCL@140E2E26.docx 2 8. Off -Street Parking: No new parking is proposed or required. 9. Landscape Plan: No additional landscaping is required related to this request. 10. Stormwater Management: The applicants submitted a preliminary stormwater management plan that has been reviewed and conditionally approved by Public Works. The subject site is located within a flood zone, which requires the applicants to balance the cut and fill for the airstrip. Prior to site plan release, the applicants will need to demonstrate that the cut and fill balance is addressed. 11. Utilities: The project will not include any bathroom facilities. Therefore no well or septic permits are required or proposed. The County Department of Utility Services and the Department of Health have acknowledged that the site will not include any utility provisions, and have approved the associated project site plan. 12. Compatibility: LDR section 971.05(9) establish general criteria for special exception uses which includes some general compatibility measures. It has been staff's experience that airstrips can result in compatibility problems for the airstrip operation and for the adjacent properties. To address potential compatibility issues, during review of the application, staff sought to limit the intensity of the use and have the applicants coordinate with adjacent property owners. Staff proposed and the applicants accepted conditions limiting the use of the airstrip to the property owners (Almeter and Plank) and any other eligible adjacent property owners, limiting the number of flights, restricting the type of aircraft using the facility (small single engine aircraft), and requiring consent/acknowledgment from the property owners east and west of the airstrip or allow use of the airstrip by those owners subject to reasonable conditions. Conditions addressing those compatibility items are contained in staff's recommend action at the end of this report. 13. Specific Land Use Criteria: Pursuant to LDR section 971.43(1)(c), the following criteria for private airstrips apply to this project: Evidence shall be furnished of the acquisition of property for air rights over all_ land at the ends of all runways where the required glide path of aircraft for the class of the airport is thirty-five (35) feet or less elevation from the ground; Note: The applicants have demonstrated that planes using the airstrip will be above 35' at the subject site's perimeter property lines. 2. All buildings and structures except for hangars and garages shall be at least thirty (30) feet from the property line; Note: No new structures are proposed. The existing agricultural building on the south parcel is located over 130' from any property line and 500' from the nearest end of proposed runway. All airport drives and parking areas shall have a paved surface pursuant to Chapter 954. This shall not apply to airstrips; 119 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@140E2E26\@BCL@140E2E26.docx Note: This is a private airstrip not open to the public, and the paved access/parking criterion is not applicable. 4. All applicable FAA and state regulations shall be met; Note: The applicants have provided a conditional approval issued by the FAA. In addition to the FAA, a notice of construction is required through the Florida Department of Transportation. This notice needs to be filed prior to site plan release. S. Letters from appropriate fire and rescue agencies shall be submitted ensuring that protective services can be provided at an adequate level. Note: The applicants have provided written verification from Indian River County Emergency Services that the subject site is located within the area they serve and that protection services can be provided at an adequate level. 6. Section 971.43(1)(b) requires additional information related to airstrips. This information includes the layout of the airstrip and related improvements, information on type and location of aircraft to be stores, fueling and service areas, noise generation information, land use information, and certification of Federal Aviation Administration compliance. Note: The applicants have provided relevant information including a noise study that documents the LDR noise criteria will not be exceeded by operation of the proposed light aircraft. In addition, it was noted that there will be no service or re -fueling area/facilities for aircraft., 14. Surrounding Land Use and Zoning: North: Agricultural / A-2 East: Agricultural, 130th Avenue SW / A-2 South: SJID Canal, St. Lucie County (Citrus Groves) / AG -5 (St. Lucie County Zoning) West: 1381h Avenue SW, Agricultural / A-2 All conditions recommended by staff have been accepted by the applicants. RECOMMENDATION Based on the analysis above, staff recommends that the BCC grant special exception use approval for a private airstrip, with the following conditions: 1. Airstrip operations shall be limited to the following: a. Small single engine aircraft. b. Ten take -offs per week. 120 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@140E2E26\@BCL@140E2E26.docx 4 2. No aircraft service or re -fueling area or facility is allowed on site. 3. Prior to site plan release, the applicants shall provide: a. A recorded reciprocal easement for the proposed airstrip that covers its location along the shared property line, as shown on the project site plan, and allows for use by adjacent property owners subject to the terms of the reciprocal easement (see attachment #5). That easement must remain in place for the duration of the airstrip. b. Consent or acknowledgments from property owners immediately east and west of the proposed airstrip, or offer for use of the airstrip by those property owners subject to reasonable conditions. c. Documentation that the cut and fill balance criteria will be met to the satisfaction of Public Works. d. Provide FDOT Notice of Construction. ATTACHMENTS 1. Application 2. Location Map 3. Site Plan 4. Excerpt from approved September 28, 2017 PZC Meeting Minutes 5. Airstrip Easement 121 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 1 40E2E26\@BCL@ 1 40E2E26.docx 5 FrROJECT NAM (?Iftw C ORVMMMRM I m—Z4J P=ATM C ONMM = PROA W XAM AM CDMM A SSW-= MLU NUMM(W spom. fu (MEASE PRDa) Hark AIL2gtO MANM 1498 Slood -Road A*Mff OIEAMPRWII Jumuss ADDIMSR iaff, ST . m Am aff, hTiA.-lU 23P ,-y 4,#-wA Alwliev, CO-WACI& lwj MMO. AMOM P!4f)jBC:,r ENOINE19 R.- (PLAAM f 9 INr) la.'steller & Koler, Inc. PROJWr SMVRYOR.- (PUIAM PMrj LOSS 27th Street, 5-43tte 2 AMUSS ADIMS3 Aga VT orry, S."AlrX X& CUTo OTMA ZW �772) 567-530 MONE NUMBU(s) MAX A10YaM OWL AMR= CZN*T=PMMIIT coNrA= PBRwN 180127ik8fte%%VcrjBc*vhMnM ATTACIIWWT 0 a DOBS TBE REQUM INCLUDE A CONCEPTUAL PLAN ONLY OR A CONCEPTUAL AND ffmAL" srm PLI somitt�la! AMOUNT OF NEW IlAHitVIOUS SURFACE 9 400: i! 4 1 '1 I i 1 I t'1 ! YES X NO a FLOOD ZONE:_Ar_ . AG G TOTAL (GROSS) A AGB OF PARCEL; 76.8 acres AREA OF DEVELOP14= (NM ACREAM 7.01 A. NUMMROF UNM: FROM NIA Tp B. DENS M: FROM VINITS PER ACRE TO UPNM PER ACRE s.g. N!A S JT. OF TO s0. Fr. OF --aim **'LEASE COMPIX TIE APPLICK110114 CMICKLIST ONI NM PAGE** 1301 zP Stook vara seal FL 32%0 p;�Cct t rDt Hop ► w►tpiaetyalf RAvtredApr1t2016 Page2of3 18012' Sums Vamfie wbFL32M V,pM"ffLLC�9"6�N' CwDW � v* o*id RtMWM Nps x016 n 3 of3 j ✓^ . Y-0t+.wLF='..! mr.-C "IM, %iSm A1.1m; MIMJTirrAdir�i�i s mmckf cma^t XT a. AL(nota WA whm appl{mbia) YES NO t B)r DS4C3 OF PRE.APP OtiWEBi'28NM 7 MOIBCT OVEt x . 20 LWM OR 40,000 SQ. FT. NEW MOMV CM 1; MACE Z„ Few AdmjdaWativa App mw J $200.00 War $00.00 midw S s:w= $1000.00 > S but < 10 ss: $1200.00 X . of> 10 ttmz., $14COM ..__. Spwlg Z=com Use fow mphvd bAMI=to asovo sho pbu i= $97S.00 lir thim 40 vam $107SAO 40 -100 acu s $1275.00 over too amw +$ 50.00 for ea& acid iaad 25 aeras awe 100 a 3. Cowpt*d AppHwt% Font, sctd ifptbW mecca ai OWY mid, #m a pra.urroiatt ood&%Uw ckr4qxnay Utc vwpmm-a or nm=zry of X j<, Tra (10) C*.3s of do Ssta Pisa X - s. (2) 29" rim Siu vwy X_ . jVw (2) ualab of ®iib Whh Pju;*d OWW4, ShwAn smrOinae t 200 feet X .,......» 7. Ow (1) Caapi oft o Owach,l~ w4 �►. Le of Auftibagoa Cif UPPUCRIA is uOt Ovmdr) x p. Gn9 (1) COPY Of *0 i7raicc�e t n!a 10. CompIgd "Theo Remowl P- mit App icsfticca Q$ S*Aad EN.AvUw Frim n/a ._......_ 11. C=p c W L=d Cleating Pmalt Appllccefm 99 Simmd Bxc aA, as Fazm ...ACE. 12. 111raa (3) sats e4p4 caaoapt and fim phm card dmdo= pmpared by acct a; t1 by Florida lvto lmva mtch aralcitaxun2 car n/a $ 13. Bffvkoan=tsl Sp y` If A or poitlm of pvjcot in OWcO mandaPY CMWO smc—X. 14, t"*wLwdwy japplicat3on at Ackaawled3amat Fo= W0 (tiif Plamun$ & ZO=S nPpwv61 M64 18012' Sums Vamfie wbFL32M V,pM"ffLLC�9"6�N' CwDW � v* o*id RtMWM Nps x016 n 3 of3 j SZ1 Aiaaao 31�fti '1s 0a. i sa ae E pwimu, Tff___ Eli i� { 7j i 3 .�e .I �m •Pae..•anoa+d..r.�.e+nw�wr`raaa.a.. PPe.�Yrwbwbr�4MIW blWae.YMMw�Pwaw' 1• MV MslAIMr�YPP bIIY�bMp1Pp PM�.�aa�Qlm sora 7130 w.) veaen.a¢nYmea+.wsn I%W (W.) -.. U MASTELLER At MOLER, INC. Private Air Strip M@@q wwo MAIP c,a¢x„nr2- SMEET. nSLATE Z WaIO REACM. .zan.orou ao 12ERQ5 tn% .-M. I tafm r11- Special ExceptionUse naKK �• .••••• zHMPelaP.E.°°'�°"'°" cos F1.3fl ....... .,.. e,r�ro wttaai a1RP 127 make an unbiased decision. The members CM -that they had not had any ex - parte communication. ON MOTTO Mr. Landers, SECONDED BY Mr. StewpWifie members voted unanimously (5-0) to ove staff recommendations on this Quasi - Judicial matter. Public Hearina Acting Chairman Day read the following into the record: A. West Vero Airstrip: Request for special exception use approval for a private airstrip. Mark Almeter and Iain Plank, Owners. Masteller & Moler, Inc., Agent. Located between 130th Avenue SW and 138th Avenue SW, immediately north of the Indian River County/St. Lucie County boundary, approximately 7 miles west of 1-95. Zoning: A-2, Agricultural -2 (up to 1 unit per 10 acres). Land Use Designation: AG -2, Agricultural -2 (up to 1 unit per 10 acres). (Quai-Judicial] Acting Chairman Day asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex - parte communication.. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. John McCoy, Chief of Current Development, reviewed information regarding the request for special exception use approval and gave a PowerPoint presentation, copies of which are on fife in the Board of County Commissioners (BCG) Office. He recommended that the Commissioners recommend that the BCC grant special exception approval for a private airstrip with conditions stated in the staff report and along with Mr. Stan Boling, Community Development Director, proceeded to answer questions from the commissioners. Mr. Stephen Moler and Mr. Jonathan Barkett, representatives for the applicant, clarified details of the project and offered to answer further questions from the commissioners. M/Approved 3 September 28, 2017 FABCCIAII CommitteeMP&Z12017 AGENDAS & MINUTEST= 092817.doc 128 ON MOTION BY Mr. Stewart, SECONDED BY Ms. Waldrop, the members voted unanimously (5-0) to accept staff recommendations on this Quasi - Judicial matter. Th'@�&were none. Mr. Boling upda the commissioners regarding the BCC's approval of Vero Beach Square that ^jboard recommended. Attorney's Matters There were none. !Adjournment There being no further business, the meeting airned at 7:29 p.m. PZCIApproved 4 September 28, 2017 FABCC\A11 C6mmittees\P&Z12017 AGENDAS & MINUTESIPZC 092817.doc 129 Prepared by and return to: Jonathan D. Barkett, Esq. Collins, Brown, Barked, et al. 756 Beachland Boulevard Vero Beach, Florida 32963 AIRSTRIP EASEMENT State of Florida County of Indian River Property Addresses. 2395146th Avenue SW, Vero Beach, FL 32968 2305 134th Avenue SW, Vero Beach, FL 32968 2300 146th Avenue SW, Vero Beach, FL 32968 2354 146th Avenue SW, Vero Beach, FL 32968 This Reciprocal Airstrip Easement (the "Easement") is executed on this �.._.. day of J'A4rCI, , 2018, by -and between MARK AND ANNA ALMETER ("ALMETER"), ALISTAIR PLANK ("PLANK"), and BIG SUR USA LLC ("BIG SUR"). Recitals: WHEREAS, ALIuIE MR is the owner of that certain real property located in Indian River County, Florida, described as follows: (the "Almeter ProperV ): SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; and WHEREAS, PLANK is the owner of that certain real property located in Indian River County, Florida, described as follows: (the "Plank" Property"): SEE EXHIBIT "B" ATTACHED .HERETO AND MADE A PART HEREOF; and WHEREAS, BIG SUR is the owner ofthe two adjacent parcels of certain real property located in Indian River County, Florida, described as follows: (the "Big Sur Properties"): HEREOF; and - I WHEREAS, ALMETER and PLANK wish to grant to BIG SUR, an easement to access and use the airstrip that is centered on and located directly on the shared property boundary between ALNIETER and PLANK; and WHEREAS, in the event BIG SUR ever extends the airstrip from its current location onto BIG SUB'S property, BIG SUR wishes to grant ALMETER and PLANK an easement to access and use the portion of the airstrip located on its property; and WHEREAS, all parties to this Easement wish to keep their respective properties free and clear of any buildings, structures, or growth that would interfere with the continuous, safe operation of the airstrip so long as it exists. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ALMETER, PLANK, and BIG SUR hereby agree as follows: 1. Recitals. The foregoing recitals are true, correct, and incorporates as if fully restated herein. 2. Grant of Easement. ALMETER hereby grants to BIG SUR and PLANK, their respective successors and assigns, a perpetual, non-exclusive shared airstrip easement, over, upon, and across the north 62.5 feet of the following described property, located in Indian River County, .Florida; SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEI2FMF 3. Grant of Easement. PLANK hereby grants to BIG SUR and ALMETER, their respective successors and assigns, a perpetual, non-exclusive shared airstrip easement, over, upon, and across the south 62.5 feet of the following described property, located in Indian River County, Florida - 2 131 ATTACHMENT H SEE EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF 4. As part of the consideration for this Easement, if BIG SUR ever extends the airstrip from its current location onto BIG SUR'S property, BIG SUR covenants to grant ALMETER and PLANK an easement to access and use the portion of the airstrip located on its property. S. By execution hereof, all parties to this Easement covenant to keep their respective property free and clear of any structures, buildings, or growth that would interfere with the continuous, safe operation of the airstrip so long as it exists. 6. All parties hereby agree that each party is responsible,for the maintenance of the portion of the airstrip that is on their respective parcel. If one party fails to reasonably maintain their section of the airstrip after receiving written notice to that effect from another party, then after a reasonable period of time to correct the issues, not to exceed 6 months, at the option of the other parties to this agreement, the reciprocal easement in favor of the offending party shall terminate upon written notice to same. In the alternative, all parties agree that in the,event that the obstruction to the airstrip is caused by vegetation that is overgrown or has reached a height that interferes with safe operation of the airstrip, any party to this agreement may, at their own discretion and after written notice to the other parties, remove the obstructive vegetation from the property regardless of which property the vegetation is on. 7. Each party is responsible for its own inspection of the airstrip. in its entirety for hazards before takeoff and landing. Each party further agrees, to the fullest extent possible under Florida law, to indemnify all other parties to this agreement, regardless of fault, for any injury or accident of any kind or for any reason whatsoever, that occurs as a result of the use of the airstrip by any party. Further, all parties waive any claim, to the fullest extent possible under Florida law, 3 132 ATTR for damages as a result of injury or damage of any kind whatsoever, resulting from the use of, or their proximity to, the airstrip. This includes, but is not- limited to, personal injuryand property damage. S. All parties agree to comply with all local permits and regulations, including the special exception permit related to the development, use, and maintenance of the airstrip_ 9. The easement and covenants set forth herein shall run in perpetuity and shall tun with the land. They shall be binding upon any and all persons and entities, and their respective successors and assigns, and all benefits deriving therefrom shall accrue to the benefit of all persons and entities, their successors and assigns having or acquiring a right, title, or interest in all or any portion of the appurtenant parcels. 10. The easement and other rights granted herein are non-exclusive in nature. Each party, and its successors aid assigns reserves all rights accruing from its ownership of its respective property, including the right to engage in or permit others to engage in all uses of the property not inconsistent with the purposes of this easement. 11. If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain.operative and binding on the Parties. 12, This Easement may be executed in separate counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same instrument. 4 133 ATTACHMENT Signed, sealed and delivered in presence of: Print Name:3&+.f�c.n &,kef- Print Name: -M VAC& SWoi^& STATE OF fja rid, . COUNTY OF SUBSCRIBED TO AND ACKNOWLEDGED, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, by Mark Almeter and Anna Almeter, who are[ ] personally known tome or [ gwho have produced rL 0.1. • as identification WITNESS my hand and official seal in the County and State last aforesaid this day of - E kk1&4- , $ , 2016 ' `, �' - ="Pq SAMGNotary Public ublk-SSateofAPrint Name: issionsGGM598 M Commission Ex ires: m.�tre:NW4,to�i Y puougF N�dcndNaUryAf. S 134 'ATTAOM-EXTE, Sign d, sealed and delivered in presence of: Print Naine• t Name.—:1,91 STATE OF _ 4"1 -3n d cL- ALISTAIR PLANK SUBSCRIBED TO AND ACKNOWLEDGED, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, by ALISTAIR PLANK, who is [ ] personally known tome or (�] who have produced P1Wlda. 'CSR -w.,,, as identification. WITNESS my hand and official seal in the County and State last aforesaid this -9 day of ' eng6CCL , 2w. o0"a' MQM tM4 Priv ame: t cy U 5' , MYOOMMISSI M' M224194 My Commission Expires: EXPIRES: Am 6, 2019 �h�g, hA�tdTlmButQptHogtY�+tkea 6 135 ATTACHMENT 51064 sealed and delivered. ace of. FEDERICO OftSPUN' BIG SUR USA LLC Print Name: STATE OF COUNTY OF VQVIM SUBSCRIBED TO AND ACKNOWLEDGED, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take wAmowledgments, by FEDERICO BUCSPUN, who is personally known to me or who have produced as identification. WITNESS my hand and official seal in the County and State last aforesaid *is day of t,4,XC, 20V kv My OOMM*SW 0 F"0713 UPMS JON" 14 no 7 dame: ruuu 04 5i 1V4 ATTv, Expirci:4 g-50,713 136 I From Lite NE comer of 3eotlon 25, Tawnship 33 South, Rktge 37 East; run• North 89' 31' West a diatanco of 5400.00% thence South 1225.81' to the Soutjioast corner *fSt. ohn'a Drainage Dhurict, Unit No_ 4, as recorded in Flat Book 7, Page 25, Indian Rivet Courtly,i'lorida iieaordst Thence, coruinuih9South'4386.92' to the i'Otw Gti� 13EGIt4NNYt tG; Thence, North •89' 2f 1?' Wegk 8 dist6tlta°of 280$.98' Thence, Nortktl° 3S' $eat a+diistartrse oPS2a,G1 ; Thence, South 29020, lt']Ust u disiondo oM:0624% Thence. Soutar 626,01 ca 4iKx�'Q8�71"Ol B�*t�IYN[ bit. Said property also described as Tract No. 13 of St. John `s Drainage District, Unit il5, as recorded in Official Records Book 1 B6, Page 262, of the Public Records of lndlan River County, Florida. Together with; Prom Clad VA. tibmi* of Sb tion'25, T6wnabip 33 South, Budge 37 Eat; run Worth 89' 31' West a distonoo Of 54t{tt.00i; tbs?ttcp South 522.5.$1' to tho Soutb�t comer of St. John's Drpiaaga District, Unit 14o.4, as rnoordad to d'1stEoolc 7, N&2$jnM4ntivorCoenty, Florida Roeords; Thtrtca.••ggutitt'u#ig: South 5048.06' to tha.P'OMT 00 BBUINNWGI Thoncu,So'nih' 0&'88 Wi st iv.db4uwp cr281„I.S0T} '('hatloa, 34gi@i'0°' 15' Bast x dF$tanea pP 55F Zt'; 'Mrciew,Souti� X89"'JO' l2" n ditita�:o of 281]&98'; Tom, &anttt 661:x4 tb tht•1PalN9't3F s�Grtt�tiiaC;i, LESS.A.ND MCCg$T the-$auth'8t1* thereof:' lk Said property also described as Tract No.15 of t. John's DrainMe DIMAot, V nit OS, as recorded in OSilabd Records Book 166, Page 262, ofthe Fubllo Records ofladlan Inver County, Florida. S iidMIT nBu I L From the Northeast corner of Section 25, Township 33 South, Range 37 East, run North 8"1' 'VS st a distance of 5400.00 feet; thence South 5225.81feet to the Southeast corner of St. Jobns Drainage District, Unit No. 4, as recorded in Plat Book 7, page 25, Indian River County, Morida records; thence, continuing South 4386.,92 feet to the Point of Beginaiug; thence North 8902012" West a distance of 2808.118 feet; thence North "' Last a distance of 620.+61 Leet; thence South' SM0112" East a distance of 2806.26 feet; thence South 620.61 fiect to the Point of Beginming. Said property also described as Tract No. 13 of St. Johns Drainage District, Unit #S, as recorded in OMcial Record Book 166, Page 263; Public Records' of Indian River County, Morlda. Parcel Identification Number; 33-37-35-000.02-0230-0 OOlM EXHIBIT "C" 4 LEGAL DMCRE'TION: TRACT 14 OF "ST. JOHN'S DRAINAGE DISTRICT UNIT #5", LESS THE NORTH 20 FEET THIIREOF AND TOGETHER WITH A PORTION OF TkLACT 16 ALL OF "ST. JOHNS DRAINAGE DISTRICT UNIT 05', AS -RECORDED IN OFFICIAL RECORDS BOOK 166, PAGE 262 AND 263, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING MOAB PARTICULARITY DESCRIBED AS FOLLOWS: ` COMMENCING AT THE NORTHWEST CORNER OF TRACT I4 OF SAID"ST. JOHNS DRAINAGE DISTRICT UNIT 05". OFFICIAL RECORDS BOOK 166, PAGE 262 AND 263, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, RUN , SOUTH 00'21'18" WEST ALONG THE WEST BOUNDARY LINE OF SAID "ST. JOHN'S DRAINAGE DISTRICT UNIT #5", A DISTANCE OF 20.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTH 20.00 FERT OF SAU) TRACT -14 AND POD" OF BEGINNING. FROM SAID POINT OFI3BGRiNING RUN SOUTH 8903521' EAST ALONG SAID SOUTH LINE OF THE NORTH 20.00 I= OF TRACT 14, A DISTANCE OF 2811.80 FEST TO THE EAST BOUNDARY LINE OF SAID TRACT 14; THENCE RM SOUTH 00°02'04" WEST ALONQ SAID EAST BOUNDARY LINE OF TRACT . 14 AND AFORESAID TRACT 16, A DISTANCE OF 519.30 FE13T TO A POINT BEING 19.62 FEET SOUTH 00002'04' WEST OF THE SOUTHEAST CORNER OF SAIDTRACT 14 AND NORTHEAST CORNER OP SAID TRACT 16; THENCE L33AVIKO SAID HAST BOUNDARY LINE OF TRACT 16, RUN NORTH 89°35'21" , WEST THROUGH SAID TRACT 16 A DIS'T'ANCE OF 2815.27 FEET TO A POINT , ON THE WEST BOUNDARY LINE OF SAID TRACT IC SAID. POINT BEING 18.68 FEET SOUTH 00021'18" WEST OF THE SOUTHWEST CORNER OF SAID TRACT 14 AND NORTHWEST CORNER OF TRACT I6; THENCE REIN NORTH 00'21' 18" FAST ALONG SAID WEST BOUNDARY LINE OF TRACT 16 AND TRACT 14 A DISTANCE OF 622.15 FEET TO THE POINT OF.BEGINNiNG. SUBJECT TO ALL RESERVATIONS, RESTRICTIONS, RIGHTS -0F -WAY AND EASEMENTS OF RECORD. (NOTE; THE ABOVE DESCRIBED LAND IS A PORTION OF THAT CERTAIN • PROPERTY DESCRIBED 1N "WARRANTY DEED" BY JACKSON BROTHERS GROVES, INC. TO VERO BEACH SKY RANCH, INC., DATED OCTOBER 13, 2004, IN OFFICIAL RECORDS BOOK 1789, PAGE 1237 OF THE PUBLIC RECORDS OF . INDIAN RIVER COUNTY, FLORIDA) 139 EMBIT nBn Tract 14 and 16 0£ St. john's Drainage Distrlat batt #5, as iocarded in Official decocts Book' 165, Pages ?42 and 263, and more particularly deam%ed as folows: Ecom thQNaxth'aascaai q�nf5satinn7.3, township43 Spt»h,.wMx.37 fiast,;pn �1ta3h.84 Qegree 37'00" {iytise atepg Qis 1SiartFt hotnxdarX•n S� 7ghd'e 3ht ag�i Dtetriat. unit in, a dislAaca oFS�}Ogit1Q %at to. Ste DToditwixrt i creat oPro6td St. Toh►�'aDsainagf i7lettiot, Utiit•ixl, ihegce, Soictir a dfsOtace o£SZ�,Ba fo ttia�ostboast cosx�ar»!'Si. Tofm's Dratis8iil)iskr�� �ftsitlES, meano,Nocch 89•ela$r6ys 2o;.},x^ Westuioag titp bonekiary�of5t.3oht►'s �taipage . t73atrict, tSnik`ii?,.tieli8tantia q£sS99.80?eat m >3►e t9onlsvii�t'toinbr• oIe'hi$ St. So]fA$ Dsainago At�tr`wt; �Jnit i�5.6tgtce South 40' doF}evs 1at aloceg; 5it►eat bo2►ndmtyof'bt,Salim% i aitrngFD�tttriat,LanTi S,.ad�sttar�rlif3�1tlollta3outliwastoamc�¢ EdFtL2.. t. ibhn§Drain ej?istria$ITstit#3;aaid74=LMS, iePadnt.oEBegtnat3n"8• Tiksicxi,,fa.• %'O degrnea 2 Z^ Easc,1► diefpju ea ei�ttt j•1,SL 7o1ta's 4i, t►LodT2.71A8$fact, 9:degt3D"w- 4ari 6o toaKso agoint;•t mce, iort4 00 ae tls 3oB0":iioat s.diAiances ar 1261 1 tet to tLa i►�t orl3t m LESS and except from the above described paopacty the Nartb 20 Eget o£ said Ttaat 14. " i.BSS.AlVD llP'S: SWiL E3i{Nt7M T=;40 ACRES 'IWW U.TMT RTI9W OI713 .W j%: — iYD�DBFT4=MAkOyMBSA MDAN"D's'Rk$i:D�— # 2M Mau l62Q i1t CI:R- �OCSKli3, Pi�►6iES X24 A2F>5 ass, P�iBLYC x>icbxx>5s'� 11+iAIAN> �;ot7rri'Y°J. TMAICT 14.OP*S1':7OiE19'$73RAINAi , Z D15M&—i fDS'i. psoc Lass 7!km- orm2o iftr SOF AWO TOGrrimR.±I mM-A.,vo.7!GX OF tkAC. r'l6;A= D2? "ST ZOF1. D Af3:8D1SI�iC7',!ti1�TIT.tOtS x AS ltT3 1i15HD 11 F GfE+?It B►1. SEL $DS DOCK '166, r�>~ s6a:n�trizsa, Misr 1:$00��:onan•rot�rsr,12•t�atm!�:��a'q 0 u � • r 140_ f2..E.I. DEPARTMENTAL MATTERS Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board Of County Commissioners DATE: April 23, 2018 SUBJECT:' 2nd Quarter FY 2017/2018 Budget Report FROM: Michael Smykowski Director, Office of Management & Budget Following is the staff report for the second quarter of fiscal year 2017/2018. Staff will make a presentation at the Board meeting. 141 West Vero Airstrip Special Exception Use Board of County Commissioners May 8, 2018 05/08/2018 1 Special Exception Process ➢ Special Exception Use • Appropriateness and compatibility of the requested use • Specific Land Use criteria [971.43(1)] • Two public hearings (1 PZC & 1 BCC) ➢ BCC is to: • Approve request • Approve request with conditions • Deny request 05/08/2018 2 Public Notice Procedures ➢ PZC Public Hearing • Legal advertisement in the newspaper • Notice of hearing mailed via USPS to surrounding property owners within in 300' (including POAs) • Posting of sign(s) on the property ➢ BCC Public Hearing • Legal advertisement in the newspaper • Notice of hearing mailed via USPS to surrounding property owners within in 300' (including POAs) • Posting of sign(s) on the property 05/08/2018 3 I V% - 2 Location Map N 4 --- _ � a AU s urownd4V propeAlez zoned A-2 Site s A'-'2 St, Lucie County 05/08/2018 4 I V% - 2 Aerial 05/08/2018 Site Plan 05/08/2018 yr . Runway Design 05,08,2018 ➢ FAA airspace analysis conducted. No objection if VFR, private use, windsock visible from air, no take -off or landing when strip is wet ➢ MOT notice of construction will verify compliance with MOT & FAA 05/08/2018 1q1 " 4 Compatibility LDR section 971.05(9) contains some general criteria to compatibility, to promote compatibility staff has developed several parameters: • Limit Airstrip operations • No service or re -fueling area or facility • Limit type of aircraft • Reciprocal Easement with adjacent property owners 05/08/2018 9 Staff Recommendation That the BCC grant special exception approval for a private airstrip with conditions stated in the staff report, related to: • Airstrip operations • Type of Aircraft • No service or re -fueling area or facility • Cut and fill balance • Reciprocal easement • Consent or acknowledgment of adjacent property owners • FAA and MOT documentation • Applicant has agreed to conditions 05/08/2018 10 /VI. 5 Treasure Coast Newspapers I TCPALm Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Cooyline PO # 463755 - INDIAN RIVER COUNTY PLANNING/CDD 1986950 WEST VERO AIR STRIP Pub Dates April 22, 2018 Sworn to and subscribed before me this day of, April 23, 2018, by �4 C/ who is Natalie Zoll r (X) personally known to me or ( ) who has produced — � axd q a�wn Karol Kangas Notary Public as identification. KAROLEKAW45 NotaryPublk-State ofFlorkla Commission f GG 126041 ;°4� •„an,,,.+ My Comm. Expires Jul 29.2021 BandadlMoughNaaonalNotalyAaan as identification. 12A 1 SUNDAY, APRIL 22, 2018 1 TREASURE COAST NEWSPAPERS is 35 years after his murder, professor lives on in OF class Champe Barton (the class he taught) rests for stalking fashion m."_win. SR. camealmosttoa screech- designer Todd Oldham •SS00. 170 PRESS i h 1"11 h d f GAINESVILLE - On Labor Day weekend In 1983, Howard Apple- dorrs neighbor noticedfess the celebrity proors back door was broken in, and It looked as though the house had been bur- gled. Appledorf, who had been honored by the Uni- versity of Florida as Teacher of the Year In 1974 and Distinguished Lecturer in 1978, was best known as the "junkfood professor" for his defense of the nutritional value of fast food. GalnesAlle police re- sponded to the neigh- bor's mil. What officers found reads more like a scene from the 1980 hor- ror film The Shining than a robbery report. They found Appledorf dead on his much, bound and asphyxlated with his shirt off, a cigarette butt snuffed out in his stom- ach. Across his living room walls, the words "MURDER" and "RE - DRUM" had been scrawled in red. Beside the body, the murderers had laid out a dining set, apparently having eaten Subway while they watched Appledorf die. News afthe death rip- pled through Gainesville, and then the country, morphing as quicidy as it traveled: Appledorf had been asphyxiated with junk food, reporters wrote, a gruesome It m- age to his nickname. The murderers had written their messages In peanut butter; no -ketchup; It - red Ink. They had killed him with a frying pan while listening to Soft Cell's 1981 hit, -Tainted Love." Every version extend- ed the allure until the klll- ers gave themselves up in birarre fashion after leav- inga sloppy trail -driving Appledorrs ear and using his credit mrd. Who were these psychopaths? Gainesville soon found out, and the answers would shock the city's 1980E conscience. This was seven years before the deaths of five stu- dents at the hands of Danny Rolling would snuff out my remaining civic naivete. Gary Bram, Paul Ever- son, and Shane Kennedy were a trio of gay prosti- tutes from San Francisco. They had traveled to Gainesville on Apple- dorrs invitation, staying with him at his lakefront home for two nights be- fore their attest for forg- ing his signature on a $900 check. While In jail, the three requested Appledorf pay their bond, threatening to contact a local reporter and out him to the com- munity if he didn t. Ken- nedy was only 15 year old, after all; would Aspiedorf's life ever return to normal If community members knew he was gay and that he had slept with a child? Appledorrdropped the charges. As a part of the agreement, the three were to leave Gainesville ma pernently. Instead, upon their release -while Appledorf boarded a plane headed for a con- ference In New York - they walked six miles to Appledorf's home. Two days later, after Appledorrs return, offi- cers would find his body. "It was gntte a shock to everybody and It was right at the start of the se- mester," recalls OF Emer- itus Professor and friend of Appledorrs, Robert Bates. After his death ... ng a L According to Bates, (sen ng t e es gner condoms, erotic art, and Appledorf had grown the leaves, loitering outside OF course, Man's Food, his studio, etc.) Kennedy from a "sleepy Little thing was committed to a Man - of IS students" to a wail- hattan mental hospital. list -only auditorium ler Bown and Everson still lure with over 100. It was live lneeLisatMartin Cot- o testament to his enthu- rectlonal Institution, a siasm as a teacher, sold prison in Martin County, Bates, that enrollment Florida. dipped so considerably Appledorf had served the year of his death. as a member of the facul- Without Howie, there ty in the Department of was just no draw," he Food Science and Human said. Nutrition since 1960. He The department would was a graduate of the eventually recover, and Massachusetts institute Mans Food today brings ofTechnology with a In hundreds of students Ph.D. in nutrition. He each year. Its appeal be- tame to OF following gan with Appledorf. post-doctoml work at the In the months that fol- University of Calffomia, lowed Appledorrs death, Berkeley, according to a Bown and Everson re- biographical note by the ceived life sentences for George Smothers Libras - murder. But Kennedy, be- In at UF. muse he had left the The story of his death house during the murder survives in True Crime to vomit, was only sen- retellings. But in Gaines- tenced to four years far vllle, there are a handful grand theft. After serving of people, like Bates, who his time, he returned to remember a friend in - Manhattan, where he stead ofe sensation. committed a series of 'He was very bright, strange offenses, ranging very friendly, a great from trashing a Block- speaker," said Rates. 'He buster video display to really put this school and biting a chunk outofa se- this department on the rarity guard's leg. Even- map." tually, after multiple at - NOTICE OF PUBLIC HEARING - SPECIAL EXCEPTION USE This is notice of a hearing of the Board of County Comressioners to consider granting special exception use approval for the construction of a private airstrip to be located between 130th Avenue SW and 138th Avenue SW Immediately north of the St. Lucie County line, Section 35 Township 33, Range 37. Please see the attached location map. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida, in the County Cornmission Chambers of the County Administration Building, located at 1801 27th Street, Vero Beach, Florida on Tuesday, May 8, 2018 at 9:00 am Please direct planning -related questions to the Current Development Planning Section at 772-226-1235. All documents pertaining to this request are on file In the Indian River County Planning Division, located at 1801 27th Street within building "A" of the County Administration Complex. Documents may be reviewed by members of the public during normal business hours. All members of the public are invited to attend and participate In the public hearing. 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, whloh includes testimony and evidence upon which the appeal Is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan, Chairman April 22, 2018 TCN -1986950 '*-** V E RO Serving Vero Beach to RENAL Area Since 2004 Richard Handler, M.D. Ana Taveras, M.D. Cristina Badescu, M.D. Specializing in HYPERTENSION AND KIDNEY DISEASE. 777 37th Street, Ste. C-107, Vero Beach, FL 32960 e 772-562-3234 verorenal.com FfA �IAME7ER NaHonwido LOCO owned ane o6lerOted 3�ft��fiu� Saturday & Sunday APRIL 28 & 29 FREE ADMISSION • PARKING -CONCERTS • 2SO+ Artists • Art Workshops • Kids World • Food Court • Beer Wine Liquor CONTINUOUS LIVE MUSIC TOP RANKED ART SHOW: SATURDAY & SUN 9-5PM Saturday. Niaht Concert until 11um p � G7 avA awn qM &�. ,�reynrd Ep.? Financial Indicators Snapshot - Mar 2018 Report Revenues Gas Tax (Fund 109) Optional Sales Tax (Fund 315) Half Cent Sales Tax Traffic Impact Fees (Fund 102) Impact Fees (Fund 103) Tourist Tax Franchise Fees -TOTAL Recreation Revenues NCAC GAC Recreation IG Building Profit & Loss Building Dept. Golf Course Fleet SWDD Shooting Range Compared to Prior Year Change Current Month % Change Year - to -Date % Variance Year -to -Date - 2.5% 9.7% 1.1% ""----," 8.2% 5.1% 7.1% 42.1% 6.7% 133.4% 4.4% I' 6.0% 77.4% 15.1% 43.4% 65.2% 115.3% 22.9% 17.1% -4.2% 4` 108.1% 13.00o 11.7% 7.4% 20.8% -2.8% 39.2% 25.1% -0.9% _10& 25.0% 66.8% 59.2% -88.9% Q 18.3% -7.8% -21.6% 177.6% 64.8% -26.5% 4 2.4% 46.9% -6.5% Compared to Budget % Variance Current Month % Variance Year -to -Date - 2.5% 9.7% 8.2% 2.5% 5.1% 22.0% 42.1% i�198.1% 133.4% 0.3% 20.5% i 42.2% 43.4% 113.5% 115.3% In& 3.4% 17.1% 136.8% 4` 108.1% Comments Represents collection Oct 2017 -Feb 2018.; Increase of $122,582 from prior year YTD. Through Feb 2018 collections -trend is positive -YTD figures have exceeded prior year by $467,184 Through Feb 2018 collections -trend is positive -YTD figures have exceeded prior year by $236,882 Varies by month, however, increase of $226,052 for month and $261,263 YTD compared to prior year. Varies by month, however, increase of $116,210 for month and $256,176 YTD compared to prior year. Tourist Taxes have exceeded the budget by $218,862; year to date revenues are $148,570 more than last year. Overall Franchise Tax revenue of $4,500,542 vs $4,191,675 in prior year. YTD revenues are down $2,108 compared to prior year, but up $22,140 compared to budget. YTD revenues are up $2,805 compared to prior year, and up $7,484 compared to budget. Many revenue accounts shifted from Recreation to IG Building in FY2017 budget. Combined Recreation and IG Building YTD revenue of $155,720 in FY2017 vs. $234,645 in FY2018. Many revenue accounts shifted from Recreation to IG Building in FY2017 budget. Combined Recreation and IG Building YTD revenue of $155,720 in FY2017 vs. $234,645 in FY2018. Profit of $234,545 through 2nd quarter vs $198,303 during the same period last year Total Rounds are down 3,819 or 6.4% YTD. Net income of $736,539 vs $939,243 from last year Fleet YTD net income of $117,288 vs -$71,151 from last year SWDD YTD net income of $5,408,700 vs $5,279,961 from last year Shooting Range YTD net income of ($67,792) vs ($63,652) from last year 142 FY 2017/2018 BUDGET RECONCILIATION October 1, 2017 to September 30, 2018 Budget Approved Budget as of October 1, 2017 General Fund/Purchase Order Rollover $ 328,340,393J Fund Item Description General Fund/SRA Rollover Budget Amendment Grants Received General Fund/CIE-Rollover 686,783 001 General Fund/FY17 CERT Grant 7,000 3 001 General Fund/Emergency Management Performance Grant 77,858 3 001 General Fund/EMPA Base Grant 37,389 3 001 General Fund/Hazardous Materials Grant 2,848 3 001 General Fund/Comm Transp. Grants 627,544 8 109 Secondary Roads/FDOT SCOP Grant 937,875 8 114 Emergency Services District/EMS County Awards Grant 24,659 3 315 Optional Sales Tax/Osprey Acres Grant 2,434,286 3 315 Optional Sales Tax/IR Blvd Sidewalk Grant 62,116 9 315 Optional Sales Tax/LAP Grant 416,720 3 411 SWDD/School Recycling Program Grants 7,500 3 5 124 4,635,795 2,000 Projects Carried Forward from FY 2016/17 001 General Fund/Purchase Order Rollover 139,645 1 001 General Fund/SRA Rollover 953,716 9 001 General Fund/CIE-Rollover 686,783 5 004 MSTU Fund/CIE-Rollover 1,584,353 5 102 Traffic Impact Fees/CIE-Rollover 2,441,920 5 103 Impact Fees/CIE-Rollover 500,000 5 103 Impact Fees/Purchase Order Rollover 27,416 1 109 Secondary Roads/CIE-Rollover 7,834,989 5 111 Transportation Fund/CIE-Rollover 114,218 5 111 Transportation Fund/Purchase Order Rollover 332,419 1 114 Emergency Services District/Purchase Order Rollover 732,928 1 114 Emergency Services District/CIE-Rollover 1,184,022 5 120 911 Surcharge/CIE-Rollover 64,776 5 123 SHIP/CIE-Rollover 406,534 5 124 MPO/CIE-Rollover 2,000 5 127 Native Uplands/CIE-Rollover 100,000 5 128 Beach Restoration/CIE-Rollover 212 5 129 CDBG/C I E -Rol lover 60,803 5 130 NSP3/CIE-Rollover 68,214 5 133 Florida Boating Improvements/CIE-Rollover 100,000 5 134 Library Bequest/CIE-Rollover 87 5 136 Fed Grants/CIE-Rollover 112,359 5 140 Court Facility Surcharge/CIE-Rollover 124,000 5 145 Land Acquisition Bond/CIE-Rollover 45,000 5 & 8 181 Gifford Streetlighting/CIE-Rollover 25,000 5 315 Optional Sales Tax/Sporting Clays Course Rollover 24,836 9 315 Optional Sales Tax/CIE-Rollover 8,032,456 5&8 315 Optional Sales Tax/Purchase Order Rollover 1,303,790 1 411 SWDD/CIE-Rollover 75,000 5 411 SWDD/Purchase Order Rollover 34,307 1 441 Building Department/CIE-Rollover 45,196 5 441 Building Department/Purchase Order Rollover 123,549 1 471 Utilities/CIE-Rollover 260,262 5 471 Utilities/Purchase Order Rollover 423,095 1 502 Self Insurance/Purchase Order Rollover 12,415 1 505 Information Technology/CIE-Rollover 87,849 5 28,064,149 143 Fund Item Description Budget Amendment Donations/Contributions 001 General Fund/FP&L Donation 500 3 500 Unbudgeted Items 001 General Fund/Sebastian Corners Rent Revenue/Monthly Expenses 80,000 7 001 General Fund/Main Library/Operating Supplies/Annex Proceeds 224,517 8 001 General Fund/Hurricane Irma 88,510 8 004 MSTU Fund/Hurricane Irma 55,915 8 111 Transportation Fund/Road & Bridge/Drainage Crew Equipment 406,629 9 111 Transportation Fund/Road & Bridge/Replacement Grader 200,678 7 111 Transportation Fund/Hurricane Irma 111,954 8 114 Emergency Services/Hurricane Irma 115,221 8 114 Emergency Services/EMS County Award Interest 3,658 8 119 Tourist Tax/Fishing Tournament 27,500 6 120 911 Surcharge Fund/EDP Equipment 319,430 3 121 Drug Abuse Fund/Indian River Problem Solving Court 25,000 8 126 Multi Jurisdiction Trust Fund/Sheriff/Law Enforcement 11,112 8 128 Beach Restoration Fund/Hurricane Irma'Beach Profile Survey 55,000 3 141 Additional Court Costs/Transfer In 9,134 8 315 Optional Sales Tax/Chiller Systems 300,000 9 315 Optional Sales Tax/Chambers AN System 212,424 6 315 Optional Sales Tax/Hurricane Irma 5,997 8 411 SWDD/Recycling at Governmental Buildings 53,016 6 411 SWDD/Hurricane Irma 827,645 8 418 Golf Course/Hurricane Irma 3,525 8 441 Building Dept/Hurricane Irma 3,241 8 471 Utilities/Overtime Increase 87,691 9 471 Utilities/Hurricane Irma 16,824 8 471 Utilities/Software-Hardware Integration 57,386 8 501 Fleet/Hurricane Irma 485 8 504 Employee Health/OPEB 9,000,000 9 12, 302,492 Total - All Amendments 45,002,936 Total Budget as of March 31, 2018 $ 373,343,329 144 Quarterly Budget Report - Budget to Actual Expense Comparison FY 2017-2018 2nd Qtr 001- General Fund Department Description REVISED BUDGET Quarterly Budget (50% of Total) YTD Expenses Percentage of Annual Budget Difference from 50% Comments/ Notes 101 BCC Operations $1,060,669 $530,335 $533,462 50.3% $3,128 102 County Attorney $1,385,284 $692,642 $497,277 35.9% ($195,365) Majority of Legal Services for All AboardFlorida not yet expended. 103 Geographic Info Systems Dept $74,030 $37,015 $37,015 50.0% $0 106 General Health $934,500 $467,250 $494,870 53.0% $27,620 107 Communications/Emergency Svcs $578,541 $289,271 $189,394 32.7% ($99,877 Maintenance contract payments due later in the year. 109 Main Library $2,504,507 $1,252,254 $1,037,466 41.4% ($214,787) Annex Building proceeds not yet expended. 110 Agencies $4,053,407 $2,026,704 $2,659,153 65.6% $632,450 Community Transportation Coordinator expenses include grant funds that have not been received, so are not yet budgeted. 111 Medicaid $1,077,218 $538,609 $417,266 38.7% ($121,343) Lag time in Half -Cent Sales Tax - Medicaid adjustment 112 North County Library $1,080,227 $540,114 $505,324 46.8% ($34,790) 113 Brackett Family Library $289,603 $144,802 $130,503 45.1% ($14,298) 114 Value Adjustment Board $60,000 $30,000 $15,912 26.5% ($14,088) Expenses to be incurred later in the year. 118 Ind Riv Soil/Water Conservation $47,033 $23,517 $21,561 45.8% ($1,956) 119 Law Library $88,424 $44,212 $43,092 48.7% ($1,120) 128 Children's Services $1,607,965 $803,983 $565,244 35.2% ($238,739) Lag time in reimbursement submittals. 137 Redevelopment Districts $190,947 $95,474 $190,946 100.0% $95,473 CRA payments are due in full in December. 199 Reserves $7,328,166 $3,664,083 $2,596,290 35.4% ($1,067,793) Contingencies budgeted, but not expended. 201 County Administrator $476,148 $238,074 $198,330 41.7% ($39,744) Lobbyist allocation not yet expended. 202 General Services $141,039 1$70,520 $63,305 44.9% ($7,214) Expenses slightly below budget. 203 Human Resources $480,2571 $240,129 $221,155 46.0% ($18,974) Legal Services not yet expended. 204 Planning And Development I $ '0001 $3,000 $7211 0.0% 1 ($2,279) PACE projects not yet completed. 145 FY 2017-2018 2nd Qtr 001- General Fund 146 Percentage of REVISED Quarterly Budget Annual Difference from Department Description BUDGET (50% of Total) YTD Expenses Budget 50% Comments/Notes Employee vacancies/turnover. Expenditures 206 Veterans Services $278,831 $139,416 $94,907 34.0% ($44,509) for Veteran's Council based on reimbursement. 208 Emergency Management $628,490 $314,245 $244,204 38.9% ($70,041) EMPG Grant expenses not yet incurred. 210 Parks $2,360,128 $1,180,064 $1,050,538 44.5% ($129,526) Expenses to be incurred later in the year. 211 Human Services $289,462 $144,731 $86,408 29.9% ($58,323) Billed quarterly for staff from Health Dept. Second quarter not processed until April. 212 Agriculture Extension $166,053 $83,027 $66,712 40.2% ($16,314) Quarterly billing not yet completed. 216 Purchasing $179,335 $89,668 $80,964 45.1% ($8,703) Multiple position vacancies. Higher electric 220 Facilities Management $4,118,310 $2,059,155 $1,555,194 37.8% ($503,961) expenses anticipated through the remainder of the year. 229 Management & Budget $345,584 $172,792 $153,837 44.5% ($18,955) Grant expenditures to be incurred later this 237 FPL Grant $142,572 $71,286 $27,715 19.4% ($43,571) year. Position vacant in beginning of fiscal year. 238 Emergency Mgmt Base Grant $128,216 $64,108 $49,853 38.9% ($14,255) EMPA Grant expenses not yet incurred. 241 Computer Services $322,497 $161,249 $161,249 50.0% $0 Computer Service costs charged on a monthly basis. 246 Risk Management $290,318 $145,159 $283,218 97.6% $138,059 Insurance charge done once a year. 250 County Animal Control $587,405 $293,703 $250,961 42.7% ($42,741) Employee turnover. 251 Mailroom/Switchboard $359,146 $179,573 $108,276 30.1% ($71,297) Annual telephone expense paid in April. 252 Environmental Control $7,033 $3,517 $3,923 55.8% $407 Expenditures based on reimbursement 300 Clerk Of Circuit Court $1,032,814 $516,407 $518,490 50.2% $2,083 Commission charged on Ad Valorem 400 Tax Collector $1,465,104 $732,552 $3,290,785 224.6% $2,558,233 collections, most collected by December. Tax Collector returns excess fees at year end. 500 Property Appraiser $2,980,890 $1,490,445 $1,459,316 49.0% ($31,129) 600 Sheriff $47,878,300 $23,939,150 $23,776,157 49.7% ($162,993) 700 Supervisor Of Elections $1,320,772 $660,386 $779,129 59.0% $118,743 First draw is 25% of budget per FloridaStatutes. 901 Circuit Court $179,659 $89,830 $36,071 20.1% ($125,901) Negative expenses due to reimbursement received for last fiscal year. 903 State Attorney $81,993 $40,997 $48,258 58.9% $7,262 Expenditures based on reimbursement. 904 Public Defender $3,537 $1,769 $1,134 32.1% ($635) Expenditures based on reimbursement. 907 Medical Examiner 1 $422,6901 $211,345 $246,5691 58.3% 1 $35,224 Expenditures based on reimbursement. Grand Total $89,033,104 $44,516,552 $44,720,011 50.2% $203,459 146 FY 2017-2018 2nd Qtr 004 - M.S.T.U. Fund 147 Percentage of REVISED Quarterly Budget Annual Difference from Department Description BUDGET (50% of Total) YTD Expenses Budget 50% Comments/ Notes 102 County Attorney $68,909 $34,455 $298 0.4% ($34,157 FMPA/COVB Electric Costs - funds rolled over into current fiscal year in January 104 North County Aquatic Center $889,530 $444,765 $254,469 28.6% ($190,296) Seasonal operations at pool. Higher expenses (temp. employees) in summer. 105 Gifford Aquatic Center $602,170 $301,085 $224,463 37.3% ($76,622 Seasonal operations at pool. Higher expenses (temp. employees) in summer. Some seasonal operations (summer camps) 108 Recreation $911,910 $455,955 $419,333 46.0% ($36,622) with higher expenses (temp. employees) in summer. 115 Intergenerational Facility $469,439 $234,720 $198,297 42.2% ($36,423) Expenses slightly below budgeted figures. 116 Ocean Rescue $890,366 $445,183 $400,477 45.0% ($44,706) Capital items not yet purchased. 161 Shooting Range Operations $644,280 $322,140 $301,152 46.7% ($20,988) 199 Reserves $24,198,016 $12,099,008 $11,888,698 49.1% ($210,310) 204 Planning And Development $247,426 $123,713 $107,991 43.6% ($15,722) Expenses just slightly under budget. 205 County Planning $1,106,557 $553,279 $573,954 51.9% $20,676 207 Environmental Plan/Code Enforc $514,518 $257,259 $248,785 48.4% ($8,474) 214 Road &Bridge $1,420,544 $710,272 $86,418 6.1% ($623,854)Budgeted demolitions to happen later this year. 210 Parks $104,745 $52,373 $31,169 29.8%($21,203) Capital expenses to be incurred later in the year. 234 Telecommunications $205,072 $102,536 $66,464 32.4% ($36,072) Vacant position recently filled. Commission charged on Ad Valorem 400 Tax Collector $80,000 $40,000 $172,263 215.3% $132,263 collections, most collected by December. Tax Collector returns excess fees at year end. Grand Total 1 $32,353,4821 $16,176,7411 $14,974,231 46.3% 1 ($1,202,510) 147 FY 2017-2018 2nd Qtr 111- Transportation Fund FY 2017-2018 2nd Qtr 114 Emeryencv Services District Percentage of REVISED Quarterly Budget Annual Difference from Department Description BUDGET (50% of Total) YTD Expenses Budget 50% Comments/ Notes 199 Reserves $1,693,235 $846,618 $474,663 28.0% ($371,955) Contingencies budgeted, but not expended. 214 Roads And Bridges $8,717,204 .$4,358,602 $3,745,544 43.0% ($613,058) Multiple position vacancies. 243 Public Works $335,914 $167,957 $160,161 47.7% ($7,796) 50%. Multiple position vacancies. 244 County Engineering $2,448,995 $1,224,498 $1,025,007 41.9% ($199,490) Multiple position vacancies. Benefits $9,605,884 $4,802,942 $4,137,560 43.1% ($665,382) Multiple position vacancies. Signal 245 Traffic Engineering $2,704,963 $1,352,482 $1,014,085 37.5% ($338,396) enhancements to be completed later in the Operating $5,307,391 $2,653,696 $2,682,161 50.5% $28,466 year. 281 Stormwater $854,348 $427,174 $235,199 27.5% ($191,975) Capital items not yet purchased. Aquatic Grants and Aids $13,822 $6,911 $13,821 100.0% $6,910 Plant Pilot study not yet completed. Grand Total 1 $16,754,6591 $8,377,3301 $6,654,659 39.7% 1 -$1,722,671 per year, done in October. FY 2017-2018 2nd Qtr 114 Emeryencv Services District Grand Total - All Taxing Funds $177,693,3671 $88,846,6841 $83,273,028 46.9% 1 ($5,573,656) 148 Percentage of REVISED Quarterly Budget Annual Difference from Department Description BUDGET (50% of Total) YTD Expenses Budget 50% Comments/ Notes 11.9 pay periods out of 26 were paid in Salaries $19,619,385 $9,809,693 $8,295,695 42.3% ($1,513,998) quarter. This is 45.8% of salaries rather than 50%. Multiple position vacancies. 11.9 pay periods out of 26 were paid in Benefits $9,605,884 $4,802,942 $4,137,560 43.1% ($665,382) quarter. This is 45.8% of salaries rather than 50%. Multiple position vacancies. Operating $5,307,391 $2,653,696 $2,682,161 50.5% $28,466 Capital Outlay $3,777,929 $1,888,965 $1,023,742 27.1% ($865,223) Multiple vehicles encumbered. Grants and Aids $13,822 $6,911 $13,821 100.0% $6,910 Payment to Division of Forestry made once per year, done in October. Commission charged on Ad Valorem Other Uses $1,227,711 $613,856 $771,148 62.8% $157,293 collections, most collected by December. Tax Collector returns excess fees at year end. Grand Total 1 $39,552,1221 $19,776,0611 $16,924,127 42.8% 1 ($2,851,934) Grand Total - All Taxing Funds $177,693,3671 $88,846,6841 $83,273,028 46.9% 1 ($5,573,656) 148 Quarterly Budget Report - Budget to Actual Revenue Comparison FY 2017-2018 2nd Qtr 001 -GENERAL FUND 004 MUNICIPAL SERVICE FUND Quarterly Budget (50% of Percentage of Difference from Account Description BUDGET Total) YTD Revenues Annual Budget 50% Comments/ Notes 001031 Taxes $53,613,202 $26,806,601 $50,560,319 94.3% $23,753,718 The county budgets ad valorem taxes @ 95% collection. 004031 Taxes $10,284,057 $5,142,028 $9,108,499 88.6% $3,966,471 Most are paid by November to receive the 4% discount 001032 Permits & Fees $0 $0 $660 N/A $660 Developer/Extension Modification Fees 001033 Intergovernmental $5,273,491 $2,636,746 $5,075,114 96.2% $2,438,369 Senior Resource Association received the 5307 grant that 004032 Permits And Fees $8,776,100 $4,388,050 $4,182,601 47.7% ($205,449) was budgeted last fiscal year. 001034 Charges For Services $1,044,216 $522,108 $328,794 31.5% ($193,314) Payment from Sheriff for School Resource Officers still 004033 Intergovernmental $8,350,398 $4,175,199 $4,145,998 49.7% ($29,202) outstanding. Payment to be made in May 001035 Judgments, Fines & Forfeits $192,366 $96,183 $77,874 40.5% ($18,309) One month lag time in receiving revenues. 001036 Licenses $104,500 $52,250 $48,860 46.8% ($3,390) Revenues slightly below budget. 001037 Interest $133,190 $66,595 $180,198 135.3% $113,603 Interest income exceeding projected revenue amounts. 001038 Miscellaneous $4,658,644 $2,329,322 $2,883,674 61.9% $554,352 Sebastian Corners rent now being received. FPL Grant 004038 Miscellaneous $5,890 $2,945 $13,900 236.0% $10,955 received that was budgeted last fiscal year. 001039 Other Sources $24,013,496 $12,006,748 $9,030,240 37.6% ($2,976,508) Cash forward reserves budgeted, but not actual Grand Total $89,033,104 $44,516,552 $68,185,733 76.6% $23,669,181 Cash forward reserves budgeted, but not actual 004 MUNICIPAL SERVICE FUND 1j, Quarterly Budget (50% of Percentage of Difference from Account Description BUDGET Total) YTD Revenues Annual Budget 50% Comments/ Notes The county budgets ad valorem taxes @ 95% collection. 004031 Taxes $10,284,057 $5,142,028 $9,108,499 88.6% $3,966,471 Most are paid by November to receive 4% discount. MSTU includes communications tax and business tax which makes this percentage lower than other funds. 004032 Permits And Fees $8,776,100 $4,388,050 $4,182,601 47.7% ($205,449) Lag time in receiving franchise fee payments- 5 months received in 2 quarters 004033 Intergovernmental $8,350,398 $4,175,199 $4,145,998 49.7% ($29,202) Lag time in receiving 1/2 Cent Sales Tax- 5 months received in 2 quarters 004034 Charges For Services $1,112,219 $556,110 $527,667 47.4% ($28,442) Pool and recreation revenues increase in summer 004035 Judgments, Fines & Forfeits $137,750 $68,875 $68,661 49.8% ($214) 004037 Interest $47,500 $23,750 $78,902 166.1% $55,152 Interest income exceeding projected revenue amounts. 004038 Miscellaneous $5,890 $2,945 $13,900 236.0% $10,955 Positive variance reflects payments received for additional staff to cover events at the IG Facility. 004039 Other Sources $3,639,568 $1,819,784 $0 1 0.0% 1 ($1,819,784)1 Cash forward reserves budgeted, but not actual Grand Total $32,353,482 $16,176,741 $18,126,228 1 56.0% 1 $1,949,487 1j, Quarterly Budget Report - Budget to Actual Revenue Comparison FY 2017-2018 2nd Qtr 111 TRANSPORTATION FUND 114 EMERGENCY SERVICES DISTRICT Quarterly Budget (50% of Percentage of Difference from Department Description BUDGET Total) YTD Revenues Annual Budget 50% Comments/ Notes 111032 Permits And Fees $213,750 $106,875 $130,236 60.9% $23,361 Other permit revenue higher than anticipated. 111033 Intergovernmental $2,753,749 $1,376,874 $1,228,923 44.6% ($147,951) Lag time in receiving constitutional and county gas tax - 114033 Intergovernmental $69,784 $34,892 $74,466 106.7% $39,574 only 5 payments received in 2 quarters. 111034 Charges For Services $89,775 $44,888 $26,749 29.8% ($18,139) MPO salary reimbursement completed at year end. 114034 Charges For Services $5,659,451 $2,829,726 $3,207,488 56.7% $377,763 Interest income exceeding projected revenue amounts. 111037 Interest $30,400 $15,200 $30,041 98.8% $14,841 Paving assessments interest charged here until year end 114037 Interest $28,500 $14,250 $76,431 268.2% $62,181 entry. 111038 Miscellaneous $353,101 $176,550 $419,258 118.7% $242,708 Hurricane Matthew insurance proceeds received. 111039 Other Sources $13,313,884 $6,656,942 $5,114,140 38.4% ($1,542,802) 1 Cash forward reserves budgeted, but not actual Grand Total $16,754,659 $8,377,329 $6,949,348 1 41.5% 1 ($1,427,982)1 d 114 EMERGENCY SERVICES DISTRICT Grand Total - All Taxing funds $177,693,367 $88,846,684 $124,799,367 70.2% $35,952,683 150 Quarterly Budget (50% of Percentage of Difference from Department Description BUDGET Total) YTD Revenues Annual Budget 50% Comments/ Notes 114031 Taxes $30,033,653 $15,016,827 $28,159,358 93.8%$13,142,531 The county budgets ad valorem taxes @ 95% collection. Most are paid by November to receive the 4% discount 114033 Intergovernmental $69,784 $34,892 $74,466 106.7% $39,574 Received EMS County Awards Grant that was budgeted last fiscal year. 114034 Charges For Services $5,659,451 $2,829,726 $3,207,488 56.7% $377,763 ALS charges slightly exceeding budgeted figures. 114035 Judgments, Fines & Forfeits $11,400 $5,700 $2,600 22.8% ($3,100) No false fire alarm revenue received in first quarter. 114037 Interest $28,500 $14,250 $76,431 268.2% $62,181 Interest income exceeding projected revenue amounts. 114038 Miscellaneous $38,029 $19,015 $17,715 46.6% ($1,300) Other Miscellaneous Sales and Reimbursements below budget. 114039 Other Sources $3,711,304 $1,855,652 $0 0.0% ($1,855,652) Cash forward reserves budgeted, but not actual Grand Total $39,552,122 $19,776,061 $31,538,058 79.7% $11,761,997 Grand Total - All Taxing funds $177,693,367 $88,846,684 $124,799,367 70.2% $35,952,683 150 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES (2,(i•1. Date: April 2, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Van Antwerp Properties Draft Well Mitigation Plan and Award of Bid #2018038 DESCRIPTIONS AND CONDITIONS: During the spring of 2012, the Indian River County Department of Utility Services (IRCDUS) conducted a full capacity test of the North County (Hobart) Reverse Osmosis (NCRO) Water Treatment Facility (WTF). Duringthat dry time of the year, the NCRO WTF was able to effectively test its raw water pumping abilities and reverse osmosis membrane filtration efficiencies. The Van Antwerps, adjacent property owners just west of the NCRO WTF, were affected by this functional test. The Van Antwerps, who historically relied on artesian flow from their wells for their water needs, reportedly lost artesian water flow during the pumping test. As a result, IRCDUS, as required by its Consumptive Use Permit (CUP), began efforts to mitigate this interference to the Van Antwerps, an existing legal user (ELU) of the Upper Floridan Aquifer (UFA). Such mitigation efforts continue today. On November 21, 2017, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 16 with Kimley-Horn and Associates (KHA) for a lump sum amount of $44,608.00 to provide professional engineering services that included coordination and meetings, specifications and drawings, permitting, observation, and startup of a long-term mitigation solution for the Van Antwerp (VA) properties along 81St Street, just west of the NCRO WTF and east of 66th Avenue. IRCDUS owns and operates two regional potable water treatment facilities. The NCRO WTF is rated for 11.44 million gallons per day (MGD). Today, the NCRO WTF operates a rotation of three to four membrane skids (out of eight), fed from five raw water wells (out of nine), to meet daily potable water demands. As more people move to Indian River County, future hypothetical withdrawals may result in additional drawdowns on the UFA. The draft mitigation plan (Attachment 3) that is presented for BCC approval provides a "future proof' plan for the VA properties owned by Mr. and Mrs. Van Antwerp. The VA properties in total have five wells that were installed as far back as 1925 and as recently as 2005. The VA properties are made up of six parcels ranging from 0.86 to 9.0 acres for a total of approximately 28.93 acres. Currently, the three homestead structures and a packing house are served by County potable water. See Exhibit A (Attachment 1), which depicts the VA properties and well locations. ANALYSIS: As part of the NCRO WTF expansion in 2011, six new UFA wells were installed in the NCRO wellfield for a total of nine source wells. The St. Johns River Water Management District (SJRWMD) Consumptive Use Permit (CUP) 10524-9 was issued to IRCDUS in 2011 and expires in 2031. As part of the CUP, two conditions related to the subject matter are presented: 151 Page 1 of 7 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ACODF439\@BCL@ACODF439.docx Condition No. 29: "The permittee's use of water as authorized by this permit shall not cause an interference with an existing legal use of water as defined in District rules. If interference occurs, the District may revoke the permit in whole or in part to abate the adverse impact unless otherwise mitigated by the permittee. The permittee has submitted to the District a detailed mitigation plan to address the potential for interference as the permittee's authorized withdrawals increase over the term of the permit. The permittee shall implement the plan (titled "Indian River County Consumptive Use Permit Avoidance Plan" and received by the District on July 11, 2011) in accordance with the schedule set forth in the plan. Any modification to the plan must be submitted to the District for review and must obtain District approval before it may be implemented. Existing legal users that may potentially be impacted by the withdrawals of groundwater at the Hobart Park (North) WTP were identified in the plan; however, permittee must also provide mitigation for any interference to existing legal users that have inadvertently not been identified in the plan." Condition No. 30: "The permittee must mitigate if an adverse impact to existing users has occurred. Mitigation may include installation of a new pump or motor, providing new electrical wiring, connection with the existing water supply system, or other appropriate measures. However, the mitigation cannot result in an increased cost to an impacted user." CUP condition 30 is a very important key factor that allows the District to grant water use allocation rights to IRCDUS as long as the ELU's water use is preserved. In the event that an ELU has been affected, as when the IRCDUS conducted its full capacity functional test in 2012, then specific and required mitigation actions, as detailed in the mitigation plan attached to the CUP, must be implemented. Detailed History: During a scheduled full -capacity test at the NCRO on April 9, 2012, Mr. Fred Van Antwerp contacted the District regarding loss of artesian water flow noticed on his wells. IRCDUS immediately took action by connecting the residences and the packing house to the County's potable water system by June of 2012. The VA structures are still connected to, and using, IRCDUS potable water today. After the VA residences/packing house were connected to County water, the County began investigating additional mitigation measures, including formalizing an agreement between the County and the Van Antwerps. After several months of negotiations and failure to reach a compromise, the discussions never advanced. IRCDUS still pursued mitigation efforts for two of the irrigation wells. Temporary interruption of irrigation water was resolved by re -plumbing an existing suction pump. The suction intake was piped into the well to a depth of 40 feet and included a screen and check valve. The modification was demonstrated to provide a consistent flow rate of water in the 84 to 87 gallons per minute (GPM) range at one well, while maintaining ample flow to the irrigation system at the other well. The subject interference was resolved successfully per correspondence in the SJRWMD archive (Attachment 2). On May 24, 2013, after the above mitigation efforts were successfully implemented, IRCDUS conducted a four- hour functional test in which eight NCRO WTF wells were operated at full capacity. During the test, wells 1, 3, 4, 5, 6, 7, 8, and 9 were operated to produce the optimal amount of finished water under emergency power. During the test, the VA's irrigation system could continue to be operated with centrifugal pumps. In conclusion, the VA's temporary loss of artesian water flow was mitigated through the well retrofit work and connection of three residences and their packing house to the County potable water system. During the same time frame in July of 2013, CDM Smith Inc. conducted sampling of the UFA wells in the vicinity of NCRO. The intent of the sampling efforts was to provide a comparison of post -expansion UFA conditions with data collected prior to the expansion. As part of the testing, IRCDUS increased production at the NCRO to full capacity, pumping from seven to eight of the nine production wells for 1.5 hours, to represent full aquifer 152 Page 2 of 7 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ACODF439\@BCL@ACODF439.docx stresses associated with operation of the facility. This testing was performed in July, September and October of 2013. During these tests, IRCDUS was not made aware of any interferences reported from the Van Antwerps. During the period of December 20 to 23, 2015, NCRO was forced to increase production to full capacity to take on demand from the entire county while the South County Reverse Osmosis (SCRO) WTF was offline for repairs due to an emergency break. During the three days SCRO was not operating, seven of the nine production wells at NCRO ran approximately 16 hours a day, with four of the nine wells running the remaining eight hours per day. No interferences were reported from the Van Antwerps. As part of the NCRO on-going UFA well monitoring program, on April 10, 2017, IRCDUS conducted the first quarterly UFA well sampling under the CDM Smith, Inc., work order. As part of the testing, County increased production at the NCRO to full capacity, pumping from seven to eight of the nine production wells for 1.5 hours, to represent full aquifer stresses associated with operation of the facility. During the subject testing, Mr. Van Antwerp reported loss of artesian flow at 1 of his wells (Well No. 1). He could still pump water from his wells, but the artesian pressure dropped as a result of a dry April and the functional test of the IRCDUS wells. Mr. Van Antwerp was again concerned about his upcoming planting season (July 2017), and the Director of IRCDUS discussed options with him on how best to alleviate those concerns. A centrifugal pump at Well No. 5 (the western well on the VA property - see Attachment 1) was rented by IRCDUS and affixed to the well. Piping was installed by IRCDUS to provide flexibility to fill Mr. Van Antwerp's canals so that he could use his mobile irrigation spray device. Mr. Van Antwerp could either use flow water from artesian pressure or run the rented pump. The rented pump at Well No. 5 has been in place and paid for by IRCDUS since June 2017. As part of the ongoing discussions with the Van Antwerps and SJRWMD, IRCDUS was asked to make the Van Antwerps "whole". Since historical water quantity and quality records did not exist for the VA wells, IRCDUS was in a difficult position of trying to effectively find a solution while not knowing what the end target was. Additional expertise was needed to help provide current data that would identify existing conditions at the VA properties and to help craft a more long-term solution for IRCDUS and the Van Antwerps. In May 2017, the BCC authorized Kimley Horn and Associates (KHA), in conjunction with hydrogeologist firm JLA Geosciences (JLA), to collect data in order to assess what was happening at the VA's wellfield while the County was drawing water from the UFA. With Mr. and Mrs. Van Antwerp's permission, calibrated testing equipment was strategically located at four of the Van Antwerp wells. Recording devices were able to precisely track the drawdown effects on the VA wells when IRCDUS wells were operating. Specific tests were performed, such as pumping a set of eastern IRCDUS wells at one time, then switching to a group of western wells. Additionally, a test was run that involved pumping a majority of wells in an effort to gauge the varying degree of drawdown experienced at the VA wells. A final test was conducted in which none of the NCRO wells were operated. As a result of the test, artesian pressure was restored, but only briefly to the VA wells, as it was discovered that other, non -county users of the UFA were causing adverse drawdowns on the VA wells. In short, the report documented how the IRCDUS affected the VA wells under certain pumping conditions, but it also identified the fact that other unidentified users of the UFA are also impacting the VA wells. The JLA report was furnished to the District. The Van Antwerps, recallingthat a formal agreement never came to fruition in 2012, and with 2017 testing issues reigniting concerns, requested a more formal mitigation plan be put in place. Staff began to explore options of potential solutions based on the data obtained from the hydrogeologist. 153 Page 3 of 7 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ACODF439\@BCL@ACODF439.docx Options: 1. Raw waterside stream: Install a polyvinyl chloride (PVC) raw watermain approximately 2,007 linear feet (LF) to extend from the existing IRC Well No. 7. Estimated project cost of $264,060.00. o Pros: IRCDUS and Van Antwerps share same water from NCRO well field. o Cons: Time to permit. Operational concerns of IRCDUS staff for the feed water to the NCRO WTF. 2. Potable water: Run aside stream from the existing 3" PVC on 81st Street. Estimated cost of $3,400.00. o Pros: Quick, easy to perform. o Cons: Goes directly against SJRWMD and IRCDUS water conservation efforts. Amounts could be great. 3. Extend Reuse Main: Install approximately 3,360 -LF reuse main to extend from 58th Avenue. The estimated project cost was $365,970.00. o Pros: Reuse line on edge of 581h Ave. Not tied to UFA. o Cons: Perception. Long run to VA properties. Not pressurized. Signage required. 4. Buy the Property: As part of the 66th Avenue road widening project, a portion of the VA parcel closest to 66th Avenue is being impacted, approximately 0.99 -Acres. Public Works requested an appraisal, and the appraisal indicated a value of $22,300 for the 0.99 -Acres. The $22,300 per acre multiplied by approximately 28.93 acres ($645,139) was a preliminary number utilized in the subject option. This number was conveyed to Mr. Van Antwerp via SJRWMD. According to other sources, the owner stated that the value quoted per acre, based on appraised value, was too low, and no counter was offered. No further evaluation of the subject option was conducted due to lack of interest from the owner, and the lack of need for the remainder of the approximately 27 acres for public purposes such as road widening or storm water retainage. None of the options above were considered acceptable for various reasons outlined above. A fifth option, employing wells fitted with submersible pumps, was decided by all as the best way to provide the VA properties with water now and into the future. The attached draft mitigation plan, which is a culmination of many months of negotiations between SJRWMD, the Van Antwerps and County staff, provides that assurance and is one that staff recommends. The draft mitigation plan (Attachment 3) has been agreed to by SJRWMD and the Van Antwerps. See attached email dated April 26, 2018 (Attachment 6), indicating the acceptance of this plan. Key highlights of the draft mitigation plan. • Furnish a new Well No. 6 for agricultural use, which will be a fully permitted 6" UFA well equipped with a 2 horsepower (hp) Grundfos submersible pump, new concrete well pad, electrical service and control panel. • Retrofit existing Well No. 1 for agricultural use, with a 2 hp Grundfos submersible pump after video logging. A new well head will be provided • Provide annual maintenance inspections on Well No. 6 and Well No. 1 and replace pumps/motors, if needed. • Continue to provide County potable water at no charge to the three house structures and one packing house with reasonable amounts. Any usage over those amounts will be billed monthly at current consumption rates. • This draft agreement is valid for agricultural use of the water and will become null and void at such time as all the properties change use from agricultural purposes. It should be noted that SJRWMD staff have been very professional and great to work with during this process as well as the Van Antwerps, who have been very helpful to staff and patient while the plan was developed. 154 Page 4 of 7 C:\Users\legistar\AppData\Local\Temp\BCLTechnotogies\easyPDF 8\@BCL@ACODF439\@BCL@ACODF439.docx IRC Ordinance -Waiver: As part of the work performed in 2012 and throughout this process, the VA properties have been provided with County potable water at no charge. Indian River County Code, Section 201.20 states that "No water or sewer service shall be furnished or rendered free of charge to any person."The VA properties, as it relates to the County obligations under its CUP, necessitate a special dispensation from the BCC that would allow this unique service to continue. The Van Antwerps shouldbe commended for their very judicious potable water consumptive use at the three domestic structures. They value clean and safe drinking water and use only sparing amounts for their needs. According to County code, six Equivalent Residential Units (ERUs) worth of capacity are needed at the site: 1 ERU per residential structure and 3 ERUs at the packing house. The current impact fee of $1,300/ERU has not been paid by the VA properties, and as a requirement of the draft mitigation plan, that charge will not be collected. As the capacity is being used, the cumulative water impact fee amount of $7,800 needs to be covered by some other funding source. The BCC may authorize the use of IRCDUS funds to cover the ERU charges. If the property is sold, the new property owner may elect to continue County potable water service but would be required to reimburse IRCDUS. Under staff recommendation, the BCC will be asked to cover the impact fees and to allow the Van Antwerps to continue to receive County potable water at no charge, as defined in the draft Mitigation Plan. 155 Page 5 of 7 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ACODF439\@BCL@ACODF439.docx Costs Expended To Date: Staff takes the CUP requirements very seriously. Since 2012, staff has compiled costs IRCDUS has incurred. Note that these costs, some of which are for illustration purposes, do not include staff time. As part of the mitigation efforts to date, IRCDUS has incurred the following costs: Task Description Cost 1 Connected the properties to County water via 3 PVC water main $20,319.24 2 (June 2012)- 3" main approximately 995 LF $50,000.00 2 Restoration of two irrigation wells (May 2013), with 2" diameter pipe $ 5,960.00 Total 10 years (est) dropped inside both casings that would allow the existing pump to lift Grand Total $312,966.80 water up to 26' below the ground surface and continue pumping to the irrigation system. 3 Van Antwerp Water Supply Evaluation (Kimley-Horn/JLA), May 2017 $22,174.00 4 Temporary pump rental at Well No. 5 $12,578.42 (June 2017 -March 2018) 5 Piping from Well No. 5 to Southern Ditch $ 8,500.00 5 Standard connection costs (6 ERUs + meters + deposits) $ 8,720.00* 6 Potable water consumption (2014 -present, does not go back to 2012) $ 8,869.93* Total $87,121.59 * These costs are for illustration purposes only and have not been charged to the Van Antwerp Property but represent tangible costs associated with the mitigation efforts already in place. Costs required for Proposed Solution: Task Description Cost 1 Design and oversight of new Well No. 6, Well No. 1 retrofit* $44,608.00* 2 Well Construction $107,140.00 Total $151,748.00 * Previously approved by the BCC on November 21, 2017. Future Costs: Based on a 10 -year projection Task Description Cost 1 Continued pump rental at Well No. 5 until Wells No. 1 and No. 6 are in place (est. six months @ $1,362/mo.) $8,172.00 2 Operation and Maintenance ($5k/yr) $50,000.00 3 Potable Water Consumption (5k/house/month, 17K/packing house/month)* $15,925.20 Total 10 years (est) $74,097.20 Grand Total $312,966.80 * Using 2018 rates in effect today. Solution/Procurement: The contemplated submersible pump solutions were designed, and technical specifications were prepared by KHA. The project was advertised January 28, 2018, with a mandatory pre-bid meeting held at the VA properties on February 14, 2018. The engineer's estimated construction costforthe workwas $95,321.77. Although twenty potential contractors were listed as plan holders on Demandstar and ten contractors attended the mandatory pre-bid, only three prospective bidders submitted a bid. See Attachment 5 from KHA recommending award to the lowest responsive and responsible bidder. 156 Page 6 of 7 C:\Users\legistar\APPData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ACODF439\@BCL@ACODF439.docx Bids Opened February 28, 2018 Bidder Location Total Bid Amount All Webbs Enterprises Jupiter, Florida $107,140.00 Applied Drilling Tampa, Florida $166,870.00 A.C. Schultes Disqualified FUNDING: Funding for the submersible pump solution is available in the Utilities Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount Van Antwerp Well Mitigation 47123536-044699-17529 $107,140.00 Water Impact Fee Funding and connection costs of $8,720.00 for the Van Antwerp Properties is available in the Utility Operating Fund balance. Operating funds come from the sale of water and sewer service. RECOMMENDATION: Staff recommends the Board of County Commissioners consider the following: 1. Approve or approve with changes the Draft Mitigation Plan labeled "Mitigation Plan for Well Interference at the VA -properties, Indian River County Consumptive Use Permit Number: 10524-9 (item #1329361) dated April 23, 2018" and authorize staff to forward the Mitigation Plan to the St. Johns River Water Management District. 2. Authorize staff to continue providing potable water at no cost as stipulated in the draft mitigation plan in lieu of Indian River County Ordinance Section 201.20 - No free service. 3. Cover the water impact fees of six equivalent residential units and connection costs through the Utility Operating Fund in the amount of $8,720.00. 4. Award Bid #2018038 to All Webbs, in the amount of $107,140.00. Authorize the Chairman to execute the sample agreement, as presented, pending receipt of bonds and insurance requirements, and final approval by the County Attorney as to form and legal sufficiency. ATTACHMENT(s): 1. Exhibit A -Property 2. Correspondence from SJRWMD files 3. Draft Mitigation Plan (4 Pages) 4. Sample Agreement (7 Pages) 5. KHA letter of recommendation for bid award (6 Pages) 6. Email Confirming the Acceptance of the Draft Plan from SJRWMD 157 Page 7 of 7 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ACODF439\@BCL@ACODF439.docx 6555 819 Street Well No.5 co 3_13932000.0.0500.000.006.1 4. oll �ry ZY kv J 6525 81st Street 3139320000050, *Adk A j a.. &A s6 % A, 3 > 8000' Sb 9 La �!950 910 lk ATTACHMENT 1 6355 81st Stree ��Gy�u�' W!h 2 T- - 6325 8 1 Street 31393?,, .tUOOOQSOOO 1�d: v -1 ;-I ml- #1�4,�-I.-t1l", PROPERTY - EXHIBIT A I ALF^ .31 c* Ni 1�d: v -1 ;-I ml- #1�4,�-I.-t1l", PROPERTY - EXHIBIT A I ATTACHMENT 2 From: Richard fJUESy To: Holzworth_ Elwood - NRCS. Vero Beach, FL Cc: Phil Fairbanks Leslie Church Subject: RE: yesterday's phone discussion Date: Thursday, April 12, 2012 8:53:08 AM Thank you. From: Holzworth, Elwood - NRCS, Vero Beach, FL[mailto:Elwood.Holzworth@fl.usda.gov] Sent: Thursday, April:12, 2012 8:37 AM To: Richard Burklew Subject: yesterday's phone discussion Mr. Bur klew; We spoke yesterday about a grower's wells drying up in Indian River County. They had contacted a.county commissioner, who contacted Utilities and they have resolved the problem for.now and recognize their responsibility. So, for now they don't request your involvement. Elwood Elwood Holzworth, Soil Conservation Technician USDA-NRCS 1028 20th Place Suite A Vero Beach, Florida 32960 ph. 772-562-1923 fax 772-563-4926 "What is not useful to the hive is of no advantage to the bee." - Marcus Aurelius This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. 159 ATTACHMENT 3 Mitigation Plan for Well interference at the Van Antwerp property Indian River County Consumptive Use Permit Number: 10524-9 (item #1329361) April 25, 2018 This document is the Mitigation Plan "Plan" for the Van Antwerp properties "Properties" located at 6555, 6525, 6325, 6355, 6285, and 6245 81St Street also identified by the following parcel ID numbers and as shown on Exhibit A: Address Parcel Number 6555 81St Street 31393200000500000006.1 6525 81St Street 31393200000500000006.0 6325 81St Street 31393200000500000003.0 6355 81St Street 31393200000500000004.0 6285 81St Street 31393200000500000002.0 6245 81St Street 31393200000500000001.0 This Plan has been developed by Indian River,CountyDepartment of\Utilit Services (IRCDUS) staff with concurrence -from the St 'Jo\hns River Water Management District (SJRWMD), Indian River County ,Board of County,Commissioners (BCC), and the Van Antwerp family (collectively referred to -as the "Parties';) and will be documented in Indian River County's Consumptive Use Permit compliance file -under Permit 10524-9 (Item # 1329361). IRCDUS intends to continue to move towards completion of the following activities within approximately 6 months from approval by the Indian River County Board of County Commissioners (BCC),of'the�Iari-and subsequent approval of the bid award and timely completion'by tKe-awarded contractorr__ below items address the understanding and agreement between the PartieOor the construction and maintenance activities and future Mitigation plan ,for the,.Properiies. Constru tion Activities 1. Construct one (1) new 6" Upper Floridan Aquifer (UFA) well (Well No. 6) with submersible pump (estimated 200 gallons per minute as basis for design) at the 6325 81 st St. parcel location selected during the October 25, 2017 meeting at the Properties between Van Antwerp and IRCDUS agents, and presented to attendees at the mandatory pre-bid meeting on February 14, 2018 (see Exhibit A). All costs to construct Well No. 6 will be IRCDUS's responsibility. The Van Antwerp family and any future Property owner(s) ("Owner(s)") will pay ongoing electric pump usage costs. Routine maintenance and inspections on Well No. 6 will be performed on an annual basis by a licensed well contractor hired by IRCDUS. The annual inspections are to begin at the end of the 1 -year warranty of the new Well No. 6. In between annual inspections, Owner(s) will be responsible for regularly examining the area above the ground surface over Well No. 6. If any of the following issues are discovered, Owner shall contact IRCDUS to investigate: 160 �. Casing (pipe protruding from the ground)—Check the general condition and check if the casing extends at least 12 inches above ground. 2. Well cap (cap on top of casing)—Check the condition of the cap and any seals, make sure that it is securely attached. 3. Electrical conduit (if present)—Visually verify that all connections are secure. The Owner(s), on a regular basis, are strongly encouraged to perform at a minimum the following routine maintenance for all wells fitted with a submersible well pump: ✓ Check for potential sources of contamination land physical dangers, and: • Remove chemicals such as.,paint; fertilizer, pesticides, or motor oil from around the well ✓ Be sure the ground surrounding the wellhead is sloping away from well to divert surface runoff ✓ Make sure the well cap is free of debris and able to keep insects and animals out ` ✓ Any growth vegetation with root systems within 10 feet of the well should be physically removed,-- V emoved,-✓ Exercise all valves associated with the well pump system periodically. Confirm well isolation valves are open and operating properly when operating well pump ✓ Visually inspect above -ground well system wiring and parts such as pipes, connections, joint seals, gauges, pressure relief valves, and the water meter for: Signs of corrosion or breakages • Any_odor of burned connections or apparent damage to wiring ✓ Visually inspect the electrical control box and connections 2. Retrofit ExistingV1%ell No'. 17 IRCDUS to pay for replacement of existing centrifugal pump with a submersible pump set at approximately 60 -foot depth in the existing 4" well (estimated 60 gallons per minute as basis for design). Owner(s) will pay ongoing electric pump usage costs. IRCDUS will hire a licensed well contractor to conduct annual inspection and maintenance service of the above -ground modifications to the well head and below ground submersible pump, beginning at the end of the 1 -year warranty of the retrofitted Well No. 1. Owner(s) routine inspection and maintenance for all wells fitted with submersible well pumps shall be the same as detailed in item no. 1 above. 161 3. Under a services agreement paid for by IRCDUS, system redundancy will be provided in case of pump / motor failure at either of the pump systems described in items 1 and 2. This may include spares for both pumps / motors above. If spares are used, new spares will be furnished by the service and maintenance company contracted and paid for by IRCDUS as approved by the BCC. 4. Owner(s) shall provide the IRCDUS and/or IRCDUS's Representatives and Contractor access to Well No. 1 and the proposed new Well No. 6 for modifying the existing well and installing the new well. Future Mitigation Plan A. The above construction and maintenance itefs�14will be required, regardless of Owner(s), for as long as the Owner(s) has/have authorization from SJRWMD, by individual permit or general permit by rule, to use groundwaterffor any agricultural type consumptive use on the Properties. Note the above construction or maintenance items listed in items 1-4 will not be required for Well No. 1 if the Owner(s) of all parcels using Well No. 1 are no longer authorized to use groundwater for any agricultural type consumptive use on those parcels.. Similarly, the above construction or maintenance items listed in items 1-4 will not,b'e required for Well No. 6 if the Owner(s) of all parcels using Well No. 6 are no longer authorized'to use groundwater for any agricultural type consumptive use on those parcels\ B. Potable water uses at the three existing homes and packing house will continue at no charge to the Van Antwerp family (Frederick W. Van Antwerp, Florence B. Van Antwerp, -or -their daughters Pai a M. Van\Antwerp and Sheri Van Antwerp Griffin) for as log as. they live there. No impa`'feeassessment shall be made now or in the future,of the Van -Antwerp family. Future,potable water consumption is to be based on historical monthly average household and packing house consumption only for the uses described at the locations"below. IRCDUS Customer Account Number Description , , ' Location Average Consumption, Gallons per Month 1009667-121626 Dau hters Home 6245 81 st Street 4,620 1009667-121628 Van Antwerp Home 6285 81 st Street 4,620 1009667-121630 Mothers Home 6325 81 st Street 4,620 1009667-121632 Packing House 6325 81 st Street 17,000 Consumption beyond the average monthly amounts listed above shall be charged at current County rates. IRCDUS bills on a month basis. Any such charges will only be for the volumetric consumption in excess of the amounts listed above. 162 C. Provided that all federal, state and local regulations are met County potable water shall be made available for domestic use to any other future Owner(s) at normal County billing rates which shall include impact fees and other connection costs. D. This Plan fully addresses the potential interference with the Van Antwerp's use of water from existing wells No. 1 through No. 5. E. This is the Mitigation Plan for the Properties, regardless of any future subdivision of the Properties, even if used for agricultural type use. F. The IRCDUS has submitted Technical Memorandudated July 20, 2017 by JLA Geosciences, Inc., and the SJRWMD acknowledges/that IRCDUS is not the only Existing Legal User (ELU) causing interferencelt/o the Van Antwerp withdrawals. G. This Plan has taken into account future•,pot t expansion at the IRCDUS North Wellfield. H. Owner(s) shall provide the IRCDUS and/or IRCDUS:s.Representative access to Well No. 1 and Well No. 6 for routine inspection/maintenance. N�� I. The IRCDUS is not responsible forthe.ambient water quality of the newly constructed Well No. 6 if degradation due `to other users occurs The IRCDUS cannot be held responsible for changes in water 'quality orquantity that may occur in wells within the Properties as r suit of'the Owners)\use o-Ptheiwells. \� r J. Interferences to,other ELU,s of ground water caused -by Well No. 6 will not be the responsibility of IRCDUS. % K. IRCDUS shall no]onger�be responsible for,,this Plan in the event IRCDUS ceases to utilize water from the Hobart�wellfiel' .If a portion of the North (Hobart) wellfield is utilized and IRCDUS\demonstrates to'SJRWMD that its withdrawals no longer interfere with the VanAntwerp,wells through data or other modeling documentation as approved.by SJRWMD -this plan shall become null and void. If the plan is deemed to be,null and, -void, IRCDUS shall continue to provide potable water to the owner(s) at the normal`County billing ,'rates provided that all federal, state and local regulations are met. L. The BCC or IRCDUS/is not responsible for potential damage to the equipment resulting from the misuse or neglect by the Owner(s). If any such misuse is detected by IRCDUS or IRCDUS's well contractor, the owner may elect to hire their own independent outside expert for an opinion. M. Upon completion of the construction activities listed in items 1-4, the IRCDUS will resume normal operations at the North (Hobart) wellfield. 163 ATTACHMENT 4 Van Antwerp Well Mitigation Bid Documents 1-25-188 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnish all labor, equipment, and materials necessary to construct one (1) 6- inch diameter Upper Floridan Aquifer (UFA) irrigation well (#6) on the Van Antwerp property in Vero Beach, Florida. The scope of work will include well construction permitting, drill site preparation, drilling, setting of steel casings, grouting, flow testing, well logging, pump testing, formation water disposal system (including temporary piping and pumps), restoration of the well site, and all incidental work as described herein and as shown on the attached project drawings. 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: Van Antwerp Well Mitigation Bid Number: 2018038 Project Address: Van Antwerp Property, 6325 815 Street, Vero Beach, FL 32967 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 90th day after the date of the Notice to Proceed. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the.essence of this Agreement.and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 55 164 Van Antwerp Well Mitigation Bid Documents 1-25-188 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $400.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ Written Amount: ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been satisfactorily completed. Upon a determination of satisfactory completion, the COUNTY Project Manager or Engineer will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER -----from-all claims-and-allliability to the-CONTRACTOR-otherthan--claimssin-stated*amounts-as-may-be- --- specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt 56 165 Van Antwerp Well Mitigation Bid Documents 1-25-188 Payment Act. In such event, payment, and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 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 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. 57 166 Van Antwerp Well Mitigation Bid Documents 1-25-188 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 A. The Contract Documents consist of the following: 1. This Agreement ; 2. Notice to Proceed 3. Public Construction Bond; 4. Certificate of Liability Insurance 5. Invitation to Bid 2018038 6. Addenda (numbers— to_. inclusive); --- 7.---CONTRACTOR'S-Bid Form;._.-_--- -- - . -.....- - -- - - - -- ---- -- -- - - 8. Bid Bond (If Required); 9. General Information Required of Bidders; 10. Drug Free Workplace Form 58 167 Van Antwerp Well Mitigation Bid Documents 1-25-188 11. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; 12. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 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 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. 59 168 Van Antwerp Well Mitigation Bid Documents 1-25-188 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. 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. 60 169 Van Antwerp Well Mitigation Bid Documents 1-25-188 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: CONTRACTOR: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: By: Attest (Contractor) (CORPORATE SEAL) Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk, (SEAL) Designated Representative: Name: Title: Address: Phone Email 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.) 61 170 ATTACHMENT 5 Kimfep Horn April 24, 2018 Mr. Arjuna Weragoda, P.E. Indian River County Utilities 1801 271' Street Vero Beach, FL 32960 RE: Van Antwerp Property Water Supply Restoration Project; Bid No. 2018038 KHA Project No. 044572046 Dear Mr. Weragoda, Indian River County Utilities (IRCU) publicly advertised and scheduled a mandatory pre-bid meeting held on February 14, 2018 at 2:00 PM for the Van Antwerp Property Water Supply Restoration project. The bids were publicly opened and read on February 28, 2018 at 2:00 PM. A total of three (3) bids were received for the project. The contractors that provided bids were All Webbs Enterprises, Inc. (AWE), A.C. Schultes (ACS), and Applied Drilling Engineering, Inc. (ADE). The attached bid tabulation includes a summary of the bids received. The bids ranged from $107,140 to $166,870, which also included a 10% contingency. The low bid of $107,140 was received from All Webbs Enterprises, Inc. The attached Engineer's Opinion of Probable Cost estimates the project cost at $95,321, without a 10% contingency. Without the contingency, the low bid was within 1 % of the cost estimate. Kimley-Horn and Associates, Inc. reviewed the bid proposals and the results of our review are as follows: ACS was not reviewed because it was disqualified for failure include disclosure. All bidders provided signed Addendum #1. Based on our review of the information provided, All Webbs Enterprises, Inc. (AWE) submitted the lowest responsive, responsible bid for the project and we see no reason not to award the bid to AWE. Please do not hesitate to contact me at (561) 845-0665 if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. - - - ----- -- - ---- - - Mark D. Miller, P.E. Vice President Encl: IRCU Bid Tabulation Engineer's Opinion of Probable Cost cc: Jim Andersen, P.G., JLA Geosciences File 1920 Wekiva Way, Suite 200, West Palm Beach; FL 33411 561 845 0665 171 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION INTEROFFICE MEMORANDUM REQUEST FOR REVIEW DATE: February 28, 2018 TO: Arjuna Weragoda, P.E. FROM: Diane Lystlund, Buyer SUBJECT: Bid No.: 2018038 Project: Van Antwerp Well Mitigation Please find attached the bid received for the subject project. Please either respond with a written recommendation of award or include the Purchasing Division in the review of the agenda item requesting award. When preparing a Recommendation of Award Memo, please include the following information: ■ If this project was pre -authorized by the Board of County Commissioners, please include the date of same agenda in your recommendation for award. ■ A detailed paragraph justifying the need for this project. ■ Budgeted/Estimated Cost ■ Account Number and Name If you require any additional information regarding this award, please do not hesitate to contact me. COMMENTS: A.0 Schultes -disqualified -Disclosure not included 172 o Z O Bidders Name m a. c. LL tw a N 2 L c Total a d H °Jo o u' Wtko q ca Q N All Webbs Y Y Y Y Y N Y Y $107,140.00 A.0 Schultes Y Y Y Y DQ Applied Drilling Y Y Y Y Y N Y Y $166,870.00 COMMENTS: A.0 Schultes -disqualified -Disclosure not included 172 VAN ANTWERP PROPERTY WATER SUPPLY RESTORATION OPINION OF PROBABLE COST FOR, NEW WELL 6 AND RETROFIT WELL 1 ITEM NO. I ITEM DESCRIPTION General Conditions/Mobilization/Demobilization QUANTITY 1 UNIT LS UNIT COST 5,395.00 EXTENDED COST $5,395.00 2 Furnish and install 12" Steel Casing and Grout to 100 Feet 1 LS 5,000.00 $5,000.00 3 Drill nominal 8" pilot hole to 340 feet 240 LF 25.00 $6,000.00 4 Perform geophysical logging of pilot hole 1 LS 5,000.00 $5,000.00 5 Ream 8" borehole.to nominal 12" to approx. 320 feet 220 LF 40.00 $8,800.00 6 Furnish and install 6" steel casing 320 LF 25.00 $8,000.00 7 Cement grout 6" steel casing in place 178 94 LBS. SACK 25.00 $4,450.00 8 Drill nominal 6" borehole using reverse air method to approx. 500 feet 180 LF 40.00 $7,200.00 9 Develop well 12 HR 250.00 $3,000.00 10 Conduct step -rate pumping test 6 HR 250.00 $1,500.00 11 Perform complete video log 1 LS 2,500.00 $2,500.00 12 Site Restoration 1 LS 2,500.00 $2,500.00 13 Grundfos 150520-1 Pump Assembly (2 HP) 1 EA 2,040.28 $2,040.28 14 Grundfos SP 62S20-5 Pump Assembly (2 HP) 1 EA 1,832.80 $1,832.80 15 3" Certalok drop pipe 45 LF 0.75 $33.75 —16— 2"-Certalok drop pipe _-_ .. ..__. __ —45-- -_LF ._..-_0.50— $22.50 17 2'X2'X4" Concrete well pad 2.66 CF 490.00 $1,303.40 18 3" PVC pipe and Appurtenances 2 LF 3.00 $6.00 PVC pipe and Appurtenances 2 LF 2.00 $4.00 20 4" Simmons Steel Well Seal 1 EA 245.80 $245.80 173 VAN ANTWERP PROPERTY WATER SUPPLY RESTORATION OPINION OF PROBABLE COST FOR NEW WELL 6 AND RETROFIT WELL 1 21 6" Simmons Steel Well Seal 1 EA 268.24 $268.24 22 Pressure Gauge 2 EA 100.00 $200.00 23 Hose Bibb 2 EA 10.00 $20.00 24 FPL New transformer pole, service, hand hole 1 LS 8,500.00 $8,500.00 25 Conduit and Wires 1 LS 5,500.00 $5,500.00 26 Electrical service rack with meter & disconnect 1 LS 15,000.00 $15,000.00 27 Miscellaneous, jbox, grounding 1 LS 1,000.00 $1,000.00 TOTAL BID $95,321.77 The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer 174 Indian River County Purchasing Division 180027 1h Street Vero Beach, FL 32960A Phone (772) 226-1416 ADDENDUM NO. 1 Date: February 19, 2018 Project Name: Van Antwerp Well Mitigation Bid Number: 2018038 Bid Opening Date: February 28. 2018 at 2:00 p.m. This addendum is released to provide clarifications and modifications to the bid documents. All information provided is hereby incorporated into the invitation to Bid Documents. 1 Attachments: ' Updated Bid Form Plan Sheet 3 Plan Sheet E-2 Pre -Bid Sign In Sheet The following changes are hereby made to the bid document: Page 4, modify "Irrevocable Offer" paragraph as follows: Bidder warrants by virtue of bidding that the prices quoted in this bid shall remain firm and be considered an irrevocable offer for a period of Vii- ninety (90) days, during which time one or more of the bids received may be accepted by Indian River County. *************This Addendum must be acknowledged on the bid form and/or by return of this Acknowledgement with your Bid************ Company Name ALt"`� - G�DS 6JTC_?_Q1-OZS�� Title:y G� �� 5 ��1��-7 Al t (Type / Printed) I Authorized Signature: i G{�I .�1�} �� Date: Telephoner ( et O �� f Email: � t_(-W�W @A U-(,AJC3%�S. c om Page 1 of 1 DA2017-2018 FY (2018000)\2018038 Van Antwerp Well Mltlgatlon\Drafts\Addendum 1 documents\Addendum.docx 175 Van Antwerp Well Mitigation Bid Documents - Addendum 1 Bid Form —Addendum 1 Project Name: Van Antwerp Well Mitigation ¢Y e M M• F R Bid #: 2018038 Bid Opening Date and Time: February 28, 2018 2:00 P.M. Bid Opening Location: Purchasing Division 1800 27th Street Vero Beach, FL 32960 In accordance with all terms. conditions. snecifscations. and reouirements. the Bidder offers the follnwine! Bid Item* Unit Unit Price Quantity Total Price 1.Mobilization/De mobil ization/General Conditions LS $ 48 votes 1 $ z.$, coJ 2. Drill and Complete Well No. 6 LS $ tp.( 1 $ 0n» 3. Furnish Wellhead for Well No. 6 LS $ g 1 $ 06 4. Modify Well No. 1 LS $ $ e, vb 1 $ e r 6vn S. Install FPL Service (Electrical Alternate 1) LS $ 3. Zdo 1 $ fZdca t I tr I •Alfe nes e.r#2:- <�5 �%. ��� .'�1 oan'�' `Y1 •T�t :raja:: t 6. Electrical LS $ ��ppp 1 Sub Total (1-5 and 6—omit SA) $ clod $ cr cl p $ o Dnx- Gwn1f.4 oeveK 0"0-t "Gad 10% Contingency Total Bid Price Total Bid Price in Words Project completion time after receipt of "Notice to Proceed" or PO: 90 DAYS *The unit price bid for furnishing and installation of the Well No.6 services and appurtenances shall include, but Is not limited to, utilities exploration/excavation, coordination with any permitting agencies (i.e., NPDES Permit), Page 10 176 ATTACHMENT 6 Vincent Burke From: Callie Register <cregister@sjrwmd.com> Sent: Thursday, April 26, 2018 12:57 PM To: Vincent Burke; Arjuna Weragoda; Eric Charest; Jim Andersen oandersen@jlageosciences.com); Mark.Miller (Mark.Miller@kimley-horn.com) Cc: Patricia Renish; Richard Burklew; Marc Van Heden Subject: FW: For your review and approval. Attachments: VA -Mitigation -Plan 4-23-18.pdf Please see below email from the Van Antwerp's approving the Draft Mitigation Plan for Well Interference at the Van Antwerp Property, dated April 25, 2018 (and attached). District staff hereby approve the Draft Mitigation Plan for Well Interference at the Van Antwerp Property, dated April 25, 2018 (and attached). The final version of the Plan with Exhibit A will be incorporated into the compliance file for CUP 10524 (item 1329361) once approved by your Board. Thank you for all your hard work in developing this Plan and we look forward to implementation of it! Thank you, Callie Register, P.E. Hydrologist PG/PE Division of Regulatory Services St. Johns River Water Management District Palm Bay Service Center 525 Community College Parkway, S.E. a Palm- Bay, FL 32909 Office: (321) 473-1328 o Cell: (321) 863-0011 Email: cregister@sirwmdicom Website: www.sirwmd.com Connect with us: Newsletter, Facebook: Twitter, Instagram, YouTube, Pinterest www.sjrwmd.com/epermitting From: Florence Van Antwerp[mailto:flovanantwerp@gmail.com] Sent: Thursday, April 26, 2018 12:39 PM To: Callie Register <cregister@sjrwmd.coin> Subject: Re: For your review and approval. We hereby agree to the terms of the Mitigation Plan for Well Interference at the Van Antwerp Property -as -evidence -by the -attached -Draft sent -to us -by St Johns Water Management -District---- — - - ---- ~-- - via Callie Register on April 25th 2018. Sincerely Frederick W Van Antwerp and Florence B Van Antwerp 6285 81st Street Vero Beach FL 32967 1 177 On Apr 25, 2018, at 2:11 PM, Callie Register <creeister@sirwmd.com> wrote: Hi Fred and Flo, I wanted to get the Plan back to you with the final changes (highlighted below) made to the 2 items we discussed last week: Item A: The above construction and maintenance items 1-4 will be required, regardless of Owner(s), for as long as the Owner(s) has/have authorization from SJRWMD, by individual permit or general permit by rule, to use groundwater for any agricultural type consumptive use on the Properties. Note the above construction o iaintenance items listed in items 1-4 will not be required for ell No. 1 if the Owner(s) of all parcels using W Jell No. 1 are no longer authorized to use groundwater for any agricultural type consumptive use on those arcels. Similarly, the above construction or maintenance items listed in items 1-4 will not be required for Well o. 6 if the Owner(s) of all parcels using Well No. 6 are no longer authorized to use groundwater for any, gricultural type consumptive use on those parcelsfi Item K: IRCDUS shall no longer be responsible for this Plan in the event IRCDUS ceases to utilize water from the Hobart wellfield. If a portion of the North (Hobart) wellfield is utilized and IRCDUS demonstrates to SJRWMD that its withdrawals no longer interfere with the Van Antwerp wells through data or other modeling documentation as approved by SJRWMD, this plan shall become null and void. If the plan is deemed to be nu nd void, IRCDUS shall continue to provide potable water to the owners) at the normal County billing rates provided that all federal, state and local regulations are metf In the attachment, there are editing comments shown and the version still says DRAFT, until we all approve. The District has reviewed and approves of the Plan attached. Please review and email reply to me that you (the Van Antwerp family) approve of the Plan attached. If you have any questions or concerns, please feel free to call me at (321) 863-0011. Thank you again for all your help and patience! Callie Register, P.E. Hydrologist PG/PE Regulatory, Engineering and Environmental Services St. Johns River Water Management District Palm Bay Service Center 525 Community College Parkway, S.E. • Palm Bay, FL 32909 Office: (321) 473-1328 • Cell: (321) 863-0011 Email: cresister@sirwmd.com Website: sirwmd.com Connect with us: Newsletter. Facebook. Twitter. YouTube We value your opinion. Please take a few minutes to share your comments on the service you received from the District by clicking this link Notices • Emails to and from the St. Johns River Water Management District are archived and, unless exempt or confidential by law, are subject to being made available to the public upon request. Users should not have an expectation of confidentiality or privacy. • Individuals lobbying the District must be registered as lobbyists (§112.3261, Florida Statutes). Details, applicability and the registration form are available at http://www.sirwmd.com/lobbyist/<VA_Mitigation_Plan 4-23-18.pdf> 178 We value your opinion. Please take a few minutes to share your comments on the service you received from the District by clicking this link Notices • Emails to and from the St. Johns River Water Management District are archived and, unless exempt or confidential by law, are subject to being made available to the public upon request. Users should not have an expectation of confidentiality or privacy. • Individuals lobbying the District must be registered as lobbyists (§112.3261, Florida Statutes). Details, applicability and the registration form are available at http://www.sjrwmd.com/lobbyist/ 79 Van Antwerp Draft Well Mitigation Plan and Award of B i d BCC Meeting May 8, 2018 Timeline 1. April 2012 - Van Antwerp's (VA) noticed loss of artesian flow 2. June 2012 - IRCDUS ran potable water to VA residences/packing house 3. May 2013 - IRCDUS retrofitted 2 VA wells 4. IRCDUS ran Hobart well field at full capacity with varying time intervals on following dates: ■ May 24, 2013 ■ July 2013 ■ December 20 to 23, 2015 5. April 10, 2017 - VA's noticed loss of artesian flow during a IRCDUS full capacity testing 6. May 23, 2017 - IRCDUS issued PO to KHA/JLA to assist in collecting data and to assess the VA wellfield issues 7. June 2017 - IRCDUS installed a temporary pump and piping in preparation of VA's planting season 8. November 21, 2017 - BCC approved W.O. No.16 for KHA to start the design on the agreed solution 5/08/2018 )a.G'.I . 179-1 Options Evaluated Potable +/- 2,007 -LF $264,060.00 ✓ Share same ➢ Time to permit ERH,OInstall of pipe from potable water ➢ Operational issues IRCDUS Well Potable Install side stream $ 3,400.00 ✓ Quick ➢ Not the best use of H2O from existing potable potable line R Against IRC & SJRWMD water t conservations Extend Install +/- 3,360 -LF $:365,970.00 ✓ Not tied to D Perception Re -use of pipe from 58th UFA D Cost Ave 1 ✓ Address. I ➢ Not pressurized SJRWMD ➢ Signage required Core mission Buy Purchase +/- $ 645,139.00` ✓ No need for ➢ No public purpose Property , 28.93 -Acres mitigation - - plan - 'Base appraisal 5/08/2018 1,79-2 Preferred Option - Cost Accepted by VA, SJRWMD & IRCDUS Highlights ❖: Furnish a new Well No. 6 for agricultural use, which will be a fully permitted 6" UFA well equipped with a submersible pump, new concrete well pad, electrical service and control panel. ❖ ' etrofit existing Well No. 1 for agricultural use, with a submersible pump after video logging. A new well head will be provided. ❖ Provide annual maintenance inspections on Well No. 6 and Well No. 1 and replace pumps/motors, if needed. ❖ Continue to provide County potable water. Cost Incurred by IRCDUS flask Description' Cost 1 . Connected the properties to County water via 3" PVC water main (lune 2012)- 3" main,ipproximately 995 LF $20,319.24 2 Restoration of two irrigation wells (May 2013), with 2" diameter pipe dropped inside both casings that would allow the existing pump to lift water up to 26' below the ground surface and continue pumping to the irrigation system. $ 5,960.00 -- 3 "� Van Ant w Fp Water Supply Evaluation (Kimley-Horn/JLA), May 2017 $22,174.00 4/ ' / Temp rary pump rental at Well No: 5 Ju 2017 -March 2018 $12,578.42 -5 = Pi;Ang from Well No: 5 to Southern Ditch - " ---- — --$ 8,500.00- 500.00`5 5 andard connection costs 6 ERUs + meters + deposits) $ 8,720.00- 720.00`6 6 otable water consumption (2014 -present, -does not go back to 2012) - - " $ 8,869.93- - - -" " Total $87,121.59 111 --jun purposes only, not margeu to vw Cost Required by IRCDUS for accepted solution 5/08/2018 1-79.3 5/08/2018 Cost Future Costs: Based on a 10 -yr projection Task bescripXion Cost Location [Continued pump.rental at Well No. 5 until Wells No. I and No. 677—in—place (—est.1 six months @ $1,362/mo.) i $8,172.00 3 Potable Water Consumption (5k/house/month, 17K/packing h6us-e/month)* $15,925.20 Total 10,years (est)L $74,097.20 Grand Totallf $312,966.80. Project Bidding Bids Opened February 28, 2018 Bidder, Location Total Bid'Amount AII'Webbs Enterprises Jupiter, Florida $107,140.00 Appfie&Drilling Tampa, Florida j $166;870.00.• A.C. Schultes Disqualified, LI 1: 11 H Recommendation ✓ Approve or approve with changes the Draft Mitigation Plan. ✓ Authorize staff to continue providing potable water at no cost as stipulated in the draft mitigation plan in lieu of Indian River County Ordinance Section 201.20 - No free ✓ Cover the water impact fees of six equivalent residential units and connection costs through the Utility Operating Fund in the amount of $8,720.00. ✓ Award Bid #2018038 to All Webbs, in the amount of $107,140.00. 5/08/2018 17 R- 5 EXHIBIT 2 INDIAN RIVER COUNTY (IRC) - VANANTWERP IRRIGATION WELLS WELL #1, WELL #2, WELL #4, WELL #5 WATER LEVEL DATA (FEET ALS) - - OTHER UFA USER WELL OFF OTHER UFA;USER WELL,ON 0 5/19/17 6:00 5/20/17 6:00 5/21/17 6:00 5/22/17 6:00 5/23/17 6:00 5/24/17 6:00 5/25/17 6:00 5/26/17 6:00 O WELL#1Manual WELL #1 —WELL #2 WELL #4 SWELL #5 • WELL#2Manual O WELL #4 Manual ®. WELL #5 Manual ... 0-- IRC #1 Pumpage IRC #3 Pumpage —4 IRC #4 Pumpage IRC #5 Pumpage —0 • IRC #6 Pumpage —IRC #7 Pumpage —• —IRC #8 Pumpage — • — IRC #9 Pumpage Total IRC Pumpage (gpm) ' ADDITIONAL _ WELLS PUMPAGE DRAWDOWN FROM OTHER IS STEADY f UFA IN USERS COUNTRYSIDE WHEN IRCU f INATER I�1 Iw i 1 { 1 { I ( ' I= �,RMt R U C LEVEL PUMPAGE RECOVERY WELLS IS STEA IN--OUNTRYSIDE WHEN !(I IEEE I i (i�il:l �• i J �i {I{��EiE�{ 'i II;lEIII EEEEII; 7� {� I�� 1j7 i��fli i, I S : I ! illi I I �I����i•ii►,� I ! �fllfl�Ej�� IIf�I �! I) � � � �7 I �! 00E Ot {, {l{•)lilill 01,001, �� pq � 7 � Ilil �I i � 11 � I - -�- - { �-{- � �- -; , � � II - - -I- 1 i- 1J } lj� -i-i- -i- �� �r ��4-�-I-• �i-- 11 - i- i -'- . -�-' - "` i � - !- - � i I } li � - , 7{F �• i ����I i- - I i 1 I !-1 } 1 I- i -i-�-1-I-i-�-�i- J =E_ I i i; i ! - -i- Ill•. - -j-i- II —:.. IfI{ .._.••Iw' a•ii IIII yr J i IIII; 1{= i, I' ` I 1j 1 7 Ili i 1 -r ISI- I 7 I I �f i I I I I i II ill.11i=Ilii ;;: � ri.r►.ir.a;.*c».,4. I '-� •11 1 = �ILL•Ji 7 ! �. lli( _ �7 II INI !! N) 7 ' li I I {{{ (I I' J,li f i I - � COUNTRYSIDE � WELL#1 PUMP 0 5/19/17 6:00 5/20/17 6:00 5/21/17 6:00 5/22/17 6:00 5/23/17 6:00 5/24/17 6:00 5/25/17 6:00 5/26/17 6:00 O WELL#1Manual WELL #1 —WELL #2 WELL #4 SWELL #5 • WELL#2Manual O WELL #4 Manual ®. WELL #5 Manual ... 0-- IRC #1 Pumpage IRC #3 Pumpage —4 IRC #4 Pumpage IRC #5 Pumpage —0 • IRC #6 Pumpage —IRC #7 Pumpage —• —IRC #8 Pumpage — • — IRC #9 Pumpage Total IRC Pumpage (gpm) v` N 0041 t � . Dylan Reingold, County Attorney Waam K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 3.A County Attorney's Matters - B. CC. 5.8.18 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 2, 2018 SUBJECT: Economic Development Council Membership BACKGROUND. ATTORNEY The Economic Development Council, established in 1993 and restructured in 2003, consists of 22 members. One of those positions is the representative from the local citrus industry. On May 1, 2018, the Indian River County Board of County Commissioners (the "Board") voted to replace the position of representative from the local citrus industry with a representative from the local agriculture industry. Such change will allow for membership on the Economic Development Council from the agricultural community as a whole. Per the Board's direction, the County Attorney's Office has drafted the attached resolution replacing the position of representative from the local citrus industry with a representative from the local agriculture industry. Otherwise, the Economic Development Council will remain unchanged. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Board approve the resolution as presented. ATTACHMENT(S). Draft Resolution F.Mm yUj( dn1GFV0ML0 C CWg-do Akn—EDCAf—b—hlµd. 180 RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REPLACING THE POSITION OF REPRESENTATIVE FROM THE LOCAL CITRUS INDUSTRY WITH A REPRESENTATIVE FROM THE LOCAL AGRICULTURE INDUSTRY ON THE ECONOMIC DEVELOPMENT COUNCIL. WHEREAS, by Resolution 93-175, the Board of County Commissioners of Indian River County, Florida (the "Board"), created an Economic Development Council; and WHEREAS, the Board restructured the Economic Development Council by approving Resolution 2003-127, which established 19 members on the Economic Development Council; and WHEREAS, the Board added three additional members to the Economic Development Council to provide representation for the Town of Indian River Shores, the Town of Orchid and the Work Force Development Board by approving Resolution 2008-003, thus establishing the Economic Development Council with 22 members; and WHEREAS, the Board replaced the member from the Manufacturing Task Force, which was disbanded, with a member from the County's manufacturing industry to the Economic Development Council by approving Resolution 2008-091, thus establishing and maintaining the Economic Development Council with 22 members; and WHEREAS, the Board replaced the representative from the various local civic organizations with a member from Indian River State College by approving Resolution 2012-054, thus establishing and maintaining the Economic Development Council with 22 members; and WHEREAS, replacing the position of representative from the local citrus industry position with a representative from the local agricultural industry will allow for a broader representation on the Economic Development Council from the agricultural community as a whole; and WHEREAS, it is the will of the Board to replace the local citrus industry representative position with a representative from the local agriculture industry; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: F:\Attorney\Linda\GENERAL\Resolutions & Ordinances\Ordinances\resolution of economic development revision 2018.doc 181 RESOLUTION NO. 2018- 1. ESTABLISHMENT. The position of representative from the local citrus industry is hereby replaced with a representative from the local agriculture industry. 2. NO OTHER CHANGES. Aside from the change of the membership from a representative from the local citrus industry to a representative from the local agriculture industry, no other changes are made to the Powers, Duties and other provisions of the Economic Development Council. The resolution was moved for adoption by Commissioner motion was seconded by Commissioner a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc , and the and upon being put to The Chairman thereupon declared the resolution duly passed and adopted this day of May, 2018. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved for form and legal sufficiency: ylan Reingold County Attorney 2 INDIAN RIVER COUNTY Board of County Commissioners Peter D. O'Bryan, Chairman 182 14.E A, 1, May 8, 2018 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 2, 2018 SUBJECT: Request the Board consider naming the open field adjacent to the Intergenerational Building, "Joe Wiggins Field." FROM: Peter O'Bryan Commissioner, District 4 No additional back-up. Thank you. 183 IL�"E-a. I v. May 8, 2018 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 2, 2018 SUBJECT: Discussion on Tourist Development Council Ordinance FROM: Tim Zorc Commissioner, District 3 Request for discussion on distribution allocations that are governed by our local ordinances for Tourist Development Tax funds. The annual Tourist Development Tax revenue for budget year 2018/19 is likely to surpass $1 million in unencumbered funds to be used to promote local tourism. How is Tourist Tax Collected and Spent? A. 1-1/2 Cents for Tourism Development Agencies B. 1-1/2 Cents for Beach Restoration C. 1 cent for Dodgertown Purchase In past years, the Tourist Development Council voted to distribute and award 95-100% of the 1 Y2 cents for Tourism Development unencumbered funds to specific agencies. Below is the distribution of the funds for FY 2017/2018: AGENCY 2017/2018 BUDGET APPROVED Indian River County Chamber of Commerce $457,386 Sebastian Chamber of Commerce $94,283 Cultural Council of Indian River County $60,000 Indian River County Historical Society $15,000 Treasure Coast Sports Commission $188,000 Vero Heritage, Inc. $13,000 TOTAL $827,669 1 184 The total amount requested and approved resulted in an increase of $70,890.00 due in part to possible loss of funding from the State to Visit Florida. Proposed discussion on new allocation formula. 80% of the "A" unencumbered funds to be distributed to agencies listed above who have historically received the Tourist funds 20% of the "A" unencumbered funds to be distributed as follows: - 5% or $75,000 (whichever is greater) dedicated to Passenger Aviation Marketing to be used solely to promote and advertise tourism to our area - 10% dedicated to new "Authorized Uses of Revenue" as listed in Florida Statute 125.0104 - 5% Reserve Funds to be maintained until 10% of the prior year's unencumbered operating budget, then 5% to be moved into the newly adopted expense categories Items "B & C' will continue to be collected and dispersed as in prior years. It is understood that the use of local funds for capital expenditures would require a change in the Comprehensive Plan to adopt the new Authorized Uses of Revenue listed in Florida Statute. Attachments: 1) Florida Statute 125.0104 approved in 1987 2) Indian River County Ordinance 2000-029 3) Florida Statute 125.0104 approved update in 2018 2 185 Attachment 1- 1987 Florida Statute 125.0104 125.0104 Tourist development tax; ,procedure for levying; authorized uses; referendum; enforcement. - (5) AUTHORIZED USES OF REVENUE. - (a) All tax revenues received pursuant to this section by a county imposing the tourist development tax shall be used bV that county for the following purposes only: 1 To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums within the boundaries of the county or subcounty special taxing district in which the tax is levied. However, these purposes may be implemented through service contracts and leases with persons who maintain and operate adequate existing facilities; 2 To promote and advertise tourism in the State of Florida and nationally and internationally; a To fund convention bureaus, tourist bureaus, tourist information centers, and news bureaus as county agencies or by contract with the chambers of commerce or similar associations in the county; or 4. To finance beach improvement, maintenance, renourishment, restoration, and erosion control, including shoreline protection, enhancement, cleanup, or restoration of inland lakes and rivers to which there is public access. (b) Tax revenues received pursuant to this section by a county of less than 500,000 population imposing a tourist development tax may only be used by that county for the following purposes in addition to those purposes allowed pursuant to Section 125.0104{5)(a), Florida be based on the most recent population estimates prepared pursuant to the provisions of Section 186.901, Florida Statutes. These population estimates shall be those i, effect on July 1 of each year. (1) To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more museums, zoological parks, fishing piers or nature centers which are publically owned and operated or owned and operated by not-for-profit organizations and open to the public. 186 ATTACHMENT 2 INDIAN RIVER COUNTY ORDINANCE taxing district encompasses the remainder of geographical boundaries of Indian River County, (b) There Is hereby adopted and Imposed a two (2) percent tourist development tax in accordance with F.S. § 125.0104, on the exercise within each of the taxing districts herein created of the taxable privilege of renting, teasing or letting, for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park, camping space or condominium for a term of six (6) months or less. (c) There is hereby adopted and Imposed an additional one (1) percent tourist development tax in accordance with F.S. § 125.0104(3)(d), on the exercise within each of the taxing districts of the taxable privilege of renting, teasing, or letting for a consideration any living quarters or accommodations In any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park, camping space or condominium for a term of six (6) months or less. Said additional tax shall be for the purpose of funding those authorized uses of tourist development tax revenue as set out in section 210.03(a)(4) of this ordinance. Section 210.03. Authorized uses of revenue. (a) All revenues received pursuant to this article shall be used for the following purposes only: (1) To acquire, construct, extend, enlarge, remodel, repair, Improve, maintain, operate or promote one or more publicly owned and operated convention center, sport stadium, sports arena, coliseum or auditorium within the boundaries of the county or subcounty special taxing district. However, these purposes may be Implemented through services, contracts and leases with persons who maintain and operate adequate existing facilities; 2 COOING: Additions to text are underlined. ORDINANCE NO. 2000- 029 (2) To promote and advertise tourism in the State of Florida and nationally and Intemallonaily; (3) To fund convention bureaus, tourist bureau, tourist Information centers and news bureaus as county agencies or by contract with the chambers of commerce or similar associations In the County, (4) To finance beach improvement, maintenance, renourishment restoration and erosion control, Including shoreline protection, enhancement, cleanup, restoration of inland takes and rivers to which there Is public access, (5) Until such time as Indian River County reaches a population of five hundred thousand (500,000) based on the most recent population estimated prepared pursuant to the provisions of F.S. § 186.001, as In effect of July 1st of each year, tax revenues received pursuant to this article may also be used to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more museums, zoological parks, fishing piers or nature centers which are publicly owned and operated or owned by not-for-profit organizations are open to the public, (b) Up to fifty (50) percent of the revenues to be derived from the tourist development tax leviligpursuant--12 a iono 1OOftb1 and tct of thls ordinance shall be pledged to secure and liquidate revenue bonds Issued by the county for the purposes set forth in section (a)(4) of this section. Up to one-half (112) of the remaining revenue derived iXom the tourist devetopmenI tax levied pursuant to sections 210 Oi I and tc) of this ordinmo may be pledged to secure and liquidate revenue bonds Issued by the county for the purposes set forth In section (a)(1). 3 CODING: Additions to text are gn¢grri. At�adtmerrt 3 - 2018 Fbrida gahtlbe 125.0104 125 ,0104, Florida Statutes (5) AUTHORIZED USES OF REVENUE. - (a) All tax revenues received pursuant in this section by a county imposing the tourist development tax shall be used by that county for the following purposes only: L To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more: a Publicly owned and operated convention centers, spolls stadiums, sports arenas, coliseums, or auditoriums within the boundaries of the county or subcounty special taxing district in which the tax is levied; b. Auditoriums that are publicly owned but are operated by organizations that are exempt from federal taxation pursuant to 26 U.S.C. s. 50!(c)(3) and open to the public, within the boundaries of the county or subcounty special taxing district in which the tax is levied; or c- Aquariums or museums that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public, within the boundaries of the county or subcounty special taxing district in which the tax is levied; 2. To promote zoological parks that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public; 3. To promote and advertise tourism in this state and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event must have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event b tourists; 4 To fund convention bureaus, tourist bureaus, tourist information centers, and news bureaus as county agencies or by contract with the chambers of commerce or similar associations in the county, which may include any indirect administrative costs for services performed by the county cn behalf of the promotion agency; or 5 To finance beach park facilities or beach, channel, estuary, or lagoon improvement, maintenance, renourishment, restoration, and erosion control, including construction of beach groins and shoreline protection, enhancement, cleanup, or restoration of inland lakes and rivers to which there is public access as those uses relate to the physical preservation of the beach, shoreline, channel, estuary, lagoon, or inland lake or river. However, any funds identified by a county as the local matching source for beach renourishment, restoration, or erosion control projects included in the long-range budget plan of the state's Beach Management Plan, pursuant to s 161.091, or funds contractually obligated by a county in the financial plan for a federally authorized shore protection project may not be used or loaned for any other purpose. In counties of fewer than 100,000 population, up to 10 percent of the revenues from the tourist development tax may be used for beach park facilities. 6. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or finance public facilities within the boundaries of the county or subcounty special taxing district in which the tax is levied, if the public facilities are needed to increase tourist -related business activities in the county or subcounty special district and are recommended by the county tourist development 189 council created pursuant to paragraph (4)(e). Tax revenues may be used for any related land acquisition, land improvement, design and engineering costs, and all other professional and related costs required to bring the public facilities into service. As used in this subparagraph the term "public facilities" means major capital improvements that have a life expectancy of 5 or more years, including. but not limited to, transportation. sanitary sewer, solid waste, drainage, potable water, and pedestrian -facilities. Tax revenues may be used for these purposes only if the f'ollowing conditions are satisfied: a. In the county fiscal year immediately preceding the fiscal year in which the, tax revenues were initially used for such purposes, at least $10 million in tourist development tax revenue was received-, b. The county governing board approves the use for the proposed public facilities by a vote of at least two-thirds of its membership, c. No more than 70 percent of the cost of the proposed public facilities will be paid for with tourist development tax revenues, and sources of funding for the remaining cost are identified and confirmed by the county governing board; d. At least 40 percent of all tourist development tax revenues collected in the county are spent to promote and advertise tourism as provided by this subsection-, and e. An independent professional analysis, performed at the expense of the county tourist development council, demonstrates the positive impact of the infrastructure project on tourist related businesses in the county. Subparagraphs 1. and 2. may be implemented through service contracts and leases with lessees C� that have sufficient expertise or financial capability to operate such facilities. (b) Tax revenues received pursuant to this section by a county of less than 750,000 population imposing a tourist development tax may only be used by that county for the following purposes in addition to those purposes allowed pursuant to paragraph (a): to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more zoological parks, fishing piers or nature centers which are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public. All population figures relating to this subsection shall be based on the most recent population estimates prepared pursuant to the provisions of s. 186.901. These population estimates shall be those in effect on July I of each year. (c) A county located adjacent to the Gulf of Mexico or the Atlantic Ocean, except a county that receives revenue from taxes levied pursuant to s, 125.0108, which meets the following criteria may use up to 10 percent of the tax revenue received pursuant to this section to reimburse expenses incurred in providing public safety services, including emergency medical services as defined in s.401.107(3), and law enforcement services, which are needed to address impacts related to increased tourism and visitors to an area. However, if taxes collected pursuant to this section are used to reimburse emergency medical services or public safety services for tourism or 190 special events, the governing board of a county or municipality may not use such taxes to supplant the normal operating expenses of an emergency medical services department., a fire department, a sheriff's office, or a police department. To receive reimbursement, the county must: 1. Generate a minimum of $10 million in annual proceeds from any tax, or any combination of taxes, authorized to be levied pursuant to this section; 2. Have at least three municipalities; and 3. Have an estimated population of less than 225,000, according to the most recent population estimate prepared pursuant to s. 186.901, excluding the inmate population. The board of county commissioners must by majority vote approve reimbursement made pursuant to this paragraph upon receipt of a recommendation from the tourist development council. (d) The revenues to be derived from the tourist development tax may be pledged Yed to secure and liquidate revenue bonds issued by the county for the purposes set forth in subparagraphs (a) 1., 2., and 5. or for the purpose of refunding bonds previously issued for such purposes, or both; however, no more than 50 percent of the revenues from the tourist development tax may be pledged to secure and liquidate revenue bonds or revenue refunding bonds issued for the purposes set forth in subparagraph (a)5. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions, and covenants as the governing board of the county shall provide. The Legislature intends that this paragraph be full and complete authority for accomplishing such purposes, but such authority is supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. (e) Any use of the local option tourist development tax revenues collected pursuant to this section for a purpose not expressly authorized by paragraph (3 ))(1) or paragraph (3)(n) or paragraphs (a) -(d) of this subsection is expressly prohibited. 191 TOURIST TAX FUN[ Commissioner Tim Zorc, Districl May 8, 20 fr I /2 Cents for Tourism Development :, �\ Agencies ■ I 1/2 Cents for Beach Restoration ■ I Cent for Dodgertown Purchase 07 Current Allocation'of Tourist Tax Funds in Tourism Marketing and Promotion o Beach Restoration ❑ Dodgertown Purchase L13A'f'l�,j� AON Proposed Allocation of Tourist Tax Funds 1 1/2 Cents for Tourism Development Agencies allocated as follows: • 80% to AHistorical ncies i.e. Chambers, Cultural Council, Society, Sports Commission, Vero Heritage) • 20% further allocated as follows: • 5% or $75,000 (whichever is greater) dedicated Passenger Aviation Marketing to be used solely promote and advertise tourism • 10% dedicated to new "Authorized Uses of Revenue" as listed in Florida Statue 125.0104 • 5% Reserve Funds to be maintained until 10% c prior year's unencumbered operating budget is reached • Once 10% is reached, 5 % to be moved tc th newly adopted expense categories - rn rroposed Altocation of Tourist Tax Funds i bsrrrri ■ 1 1/2 Cents for Beach Restoratic ■ 1 Cent for Dodgertown Purche Proposed Allocation of Tourist Tax Funds n Agencies currently receiving funds ❑ Passenger Aviation Marketing ❑ Newly Authorized Uses of Revenue Reserve Funds o Beach Restoration n Dodgertown Purchase Annual Tourist Tax Revenues - 10 Years (from February 21, 2018 TDC Meeting) $2,800,000 $2,600,000 $2,400,000 $2,200,000 $2,000,000 $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 1-- OO�\O 00� Tourist Tax Revenue Funds FY 2016/17 vs. FY 2017/2018 To -Date Month FY 2016/2017 Actual FY 2017/2018 Actual Difference % Difference '1 October $ 143,798.11 $ 181,076.85 $ 37,278.74 25.92% November $ 170,527.58 $ 215,984.02 $ 45,456.44 26.66% December $ 224,358.51 $ 248,314.44 $ 23,955.93 10.68% January $ 255,255.69 $ 314,057.81 $ 58,802.12 23.04% February $ 345,214.78 $ 359,337.67 $ 14,122.89 4.09% March $ 373,417.98 $ 455,594.55 $ 82,176.57 22.01% Year -to -Date Total $ 1,512,572.64 $ 1,774,365.32 $ 261,792.68 Idma, 17.31% $500,000.00 $450,000.00 $400,000.00 $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $0.00 Tourist Tax Revenue Year -To -Date Funds FY 2016/17 vs. FY 2017/2018 $ 373,418 $ 345,215$3 38 - 59,3 $314058 $ 248,314$ 255,256 1 $215984$224, $ 181,077 $ 170,528 $143 9 October November December January February March 13 FY 2016/2017 Actual ■ FY 2017/2018 Actual �VFJ? INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM I6.6_L4 _W JU Date: April 27, 2018 To: Jason Brown, County Administrator From: Vincent Burke, P. E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Final Pay to Geosyntec for CCNA-2014 Work Order No. 6 — One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the Former South Gifford Road Landfill DESCRIPTIONS AND CONDITIONS: On May 16, 2017, the Solid Waste Disposal District (SWDD) Board approved CCNA-2014 Work Order No. 6 to Geosyntec Consultants, Inc. (Geosyntec) in the amount of $71,456. This work is in accordance with requirements by the Florida Department of Environmental Protection (FDEP) for groundwater monitoring and reporting for an additional one-year period and annual pollution remediation liabilities evaluation for the former South Gifford Road Landfill site. ANALYSIS: Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount, including the final invoice of $8,262.25. After final payment, the total amount paid to Geosyntec will be at the cost of $71,453.71, which is $2.29 under budget. Attached is Geosyntec's letter report describing in more detail the services provided under this work order. FUNDING: Funding for this work is budgeted and available in account number 31521734-033490-03004, which is the one cent sales tax fund used for infrastructure needs of the County. Costs associated with landfills are authorized uses of the one cent sales tax in addition to infrastructure. Description Account Number Amount One Cent Sales Tax Fund — Infrastructure Needs 31521734-033490-03004 $8,262.25 RECOMMENDATION: SWDD staff recommends that its Board approve Geosyntec's final invoice amount of $8,262.25. ATTACHMENT(s): 1. Geosyntec Project Completion Report & Final Invoice @BCL@040EC860.doc Page 10 � Geosyntec"' consultants Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74h Avenue Southwest Vero Beach, Florida 32968 Cowork Annex 13 Palafox Place, Suite 200 Pensacola, Florida 32502 PH 850.477.6547 www.geosyntec.com 24 April 2018 Subject: Project Completion Report One Year of Groundwater Monitoring/Reporting and Related Consulting Services IRC Work Order No. 6 South Gifford Road Landfill, Vero Beach, Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FR0766N — One Year of Groundwater Monitoring and Reporting and related activities — for the South Gifford Road Landfill site. This project was completed under Work Order No. 6, authorized on 16 May 2017, pursuant to the Continuing Contract Agreement for Professional Services between Indian River County (IRC), Solid Waste Disposal District (SWDD) and Geosyntec, dated 15 November 2011. This report has been prepared as a supplement to our final Invoice Number 273345296, dated 24 April 2018, which is attached herein. SCOPE OF WORK The scope of work authorized under Work Order No. 6 addressed the FDEP-required semi-annual groundwater monitoring and reporting for one year (two sampling and reporting events) and related consulting services. The project was executed under the following phases: (i) Project Management; (ii) Meetings/Regulatory Interaction; (iii) Annual Pollution Remediation Liabilities Evaluation; (iv) Field Activities; and (v) Reporting. Below is a phase by phase summary of the work that Geosyntec performed under this work authorization. Phase 1— Proiect Management Under this phase, Geosyntec performed project planning and management responsibilities, such as correspondences with IRC SWDD and FDEP, invoice review and completion, project coordination, and project administration. PRI 8014 Project Completion WO No 6_FRO766N engineers I scientists I innovators 193 Mr. Himanshu Mehta 24 April 2018 Page 2 Phase 2 — Meetings/Regulatory Interaction Under this phase, Geosyntec participated in conference calls with IRC SWDD. Phase 3 - Annual Pollution Remediation Liabilities Evaluation Under this phase, Geosyntec prepared the annual environmental liability evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The report included the evaluation of two sites, South Gifford Road Closed Landfill (4701 41St Street) and Old Administration Building (1840 25th Street). Phase 4 — Field Activities Under this phase, Geosyntec conducted field preparation and groundwater sampling activities for two semi-annual groundwater monitoring events in June and December 2017. Throughout the two sampling events, a total of 56 groundwater samples were collected under this work authorization. Phase 5 — Reporting Under this phase, Geosyntec prepared the semi-annual reports for the June and December 2017 events. As part of the report preparation, Geosyntec completed database management, data evaluation, trend evaluation, table preparation, and GIS figure preparation. Each report was submitted to IRC SWDD for review and comment prior to submittal to FDEP. BUDGET The approved budget for Work Order No. 6 was $71,456. The total invoiced amount, including the final invoice, is $71,453.71. Therefore, Geosyntec completed this project within the approved budget. PR18014 Project Completion WO No 6_FRO766N engineers I scientists I innovators 194 Mr. Himanshu Mehta 24 April 2018 Page 3 CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at 850.483.5102 or 850.483.5100. Sincerely, 6y9 �wn'j-- Crystal Towns, P.G. Hydrogeologist Jill W. Johnson, P.G. Senior Hydrogeologist PR18014_Project Completion WO No 6_FRO766N engineers I scientists I innovators 195 Mr. Himanshu Mehta 24 April 2018 Page 4 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FR0766N South Gifford Road Landfill Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FR0766N (IRC Work Order No. 6) 273328999 07/24/2017 $10,155.46 273330860 08/23/2017 $3,279.74 273331869 09/14/2017 $11,905.75 273333090 10/05/2017 $1,412.28 273335920 11/20/2017 $5,389.90 273337845 12/15/2017 $2,207.12 273339377 01/17/2018 $17,668.79 273341315 02/20/2018 $6,709.94 273343007 03/20/2018 $4,462.48 273345296 04/24/2018 $8,262.25 TOTAL $71,453.71 PR18014_Project Completion WO No 6_FRO766N engineers I scientists I innovators 196 GeosyntecO consultants Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74"' Avenue Southwest Vero Beach, Florida 32968 Subject: Project Management Report and Transmittal of Invoice South Gifford Road Landfill Dear Mr. Mehta: Cowork Annex 13 Palafox Place, Suite 200 Pensacola, Florida 32502 PH 850.477.6547 www.geosyntecxom 24 April 2018 Geosyntec Consultants (Geosyntec) prepared this project management report to address the Plume Groundwater Monitoring project being conducted by Geosyntec on behalf of Indian River County (IRC) Solid Waste Disposal District (SWDD) at the South Gifford Road Landfill site. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; and (iv) recommended actions for the site. The enclosed invoice reflects labor and expenses in March 2018 for work being performed at the South Gifford Road Landfill. Table 1 provides invoicing details for the project. Work Order No. 6 was approved by IRC on 16 May 2017 and the budget for the project was developed using labor rates that were approved by IRC for use in 2017. PROJECT MANAGEMENT SUMMARY Geosyntec's Proiect No. FR0766N: One Year of Groundwater Monitoring/Reporting and Related Consulting Services (IRC Work Order No. 6) Budget Overview Invoice No. 273345296 dated 24 April 2018 for $8,262.25, Project No. FR0766N is enclosed. Listed below is a summary of the budget, including invoiced amount, and remaining budget. Geosyntec is within the budget appropriated for this project. Approved Budget: $ 71,456.00 Invoiced Amount to -date: $ 71,453.71 Remaining Budget: $ 2.29 FR0766N/PR18013 197 engineers I scientists I innovators Mr. Himanshu Mehta 24 April 2018 Page 2 Work Completed to Date The first 2017 semi-annual groundwater sampling event was completed in June 2017. The Summer 2017 Semi -Annual Groundwater Sampling Results and Remedial Action Plan Modification Addendum #3 (RAPM3) Implementation Report was submitted to FDEP on 31 August 2017. The annual IRC Pollution Remediation Liabilities Evaluation was submitted to IRC on 25 October 2017. The second 2017 semi-annual groundwater sampling event took place the week of 4 December 2017. Due to flooding and fallen debris, groundwater samples from several monitoring wells located on property owned by the City of Vero Beach were unable to be collected in December 2017. Remobilization efforts were planned in January 2018 and the additional groundwater sampling activities were conducted on 14 February 2018. The 2017 Annual Groundwater Monitoring Report was submitted to FDEP on 30 March 2018. Work Reflected on Enclosed Invoice Labor and expenses reflected on the enclosed invoice are attributed to: • Labor indicated as professional services ($7,852.66) is attributed to project management and administration, data management, and preparation and submittal of the semi-annual report. • Reimbursable expenses ($174.01) are associated with software usage, production of the semi-annual report, and courier service. The remainder of the invoice is associated with a communications fee per the contract. Recommended Actions None. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at (850) 483-5102. Sincerely, Crystal Towns, P.G. Hydrogeologist FR0766N/PR18013 engineers I scientists I innovators 198 Enclosure Table 1 Summary of Invoices Submitted for Geosyntec's Project Number M0766N South Gifford Road Landfill Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount . FR0766N (IRC Work Order No. 6) 273328999 07/24/2017 $10,155.46 273330860 08/23/2017 $3,279.74 273331869 09/14/2017 $11,905.75 273333090 10/05/2017 $1,412.28 273335920 11/20/2017 $5,389.90 273337845 12/15/2017 $2,207.12 273339377 01/17/2018 $17,668.79 273341315 02/20/2018 $6,709.94 273343007 03/20/2018 $4,462.48 273345296 04/24/2018 $8,262.25 TOTAL $71,453.71 FR0766N/PR18013 engineers I scientists I innovators 199 Geosyntec",e consultants INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW VERO BEACH, FL 32968 Attention: HIMANSHU MEHTA, P.E. PLEASE REMIT PAYMENT TO: Geosyntec Consultants 900 Broken Sound Parkway NW, Suite 200 Boca Raton, Florida 33487-2775 USA Tel (561) 995-0900 Fax (561) 995-0925 Invoice #: 273345296 Invoice Date: 4/24/2018 Project: FR0766N Project Name: 2017 GIFFORD LF For Professional Services Rendered through transaction date: 3/31/2018 If you have questions about this invoice, please contact Crystal Towns at (850) 483-5102. WORK ORDER NUMBER 6 DATED MAY 16, 2017 Professional Services 3.0% Communication Fee Reimbursable Expenses Current Invoice **Amount Due This Invoice ** Statement $7,852.66 $235.58 $174.01 $8,262.25 $8,262.25 Prior Billings $63,191.46 Project Budget $71,456.00 Current Invoice $8,262.25 Expended to Date $71,453.71 Billed To Date $71,453.71 Contract Balance $2.29 Paid To Date $63,191.46 **Amount Due This Invoice ** $8,262.25 200 Project: FR0766N -- 2017 GIFFORD LF Invoice #:273345296 Phase: 01) PM Class/ Employee Name Hours Rate Amount PROJECT ADMINISTRATOR EDWARDS, CYNTHIA 1.25 94.00 117.50 PROFESSIONAL TOWNS, CRYSTAL 1.75 134.00 234.50 SENIOR PROFESSIONAL JOHNSON, JILL 1.00 188.00 188.00 Total Phase: 01) PM Phase Labor 540.00 3.0% Communication Fee 16.20 Phase: 04) FIELD ACTIVITIES Class/ Employee Name Hours Rate Amount PROFESSIONAL TOWNS, CRYSTAL 0.50 134.00 67.00 Total Phase: 04) FIELD ACTIVITIES Phase Labor 67.00 3.0% Communication Fee 2.01 Phase: 05) REPORTING Class/ Employee Name Hours Rate Amount CLERICAL ASSISTANT HASLAM, CAREY 6.25 57.00 356.25 ACOSTA, ANGELA 0.50 57.00 28.50 PROFESSIONAL HENSLEY, MELISSA 7.00 134.00 938.00 BARFUS, JAN 2.50 134.00 335.00 WALKER, DYLAN 2.75 134.00 368.50 TOWNS, CRYSTAL 1.50 134.00 201.00 SENIOR PROFESSIONAL JOHNSON, JILL 24.25 188.00 4,559.00 SENIOR PRINCIPAL LANGENBACH, JIM 2.00 226.00 452.00 Vendor Name Doc Nbr Date Cost Multiplier Amount Postage/Courier-Billable DINER'S CLUB OFFICE CARD 0024014856 3/30/2018 1 20.10 1.070 21.51 PENSACOLA FEDERAL EXPRESS Al 8011372 3/29/20182 21.78 1.070 23.30 Total: Postage/Courier-Billable 44.81 Office Supplies -Billable DINER'S CLUB OFFICE CARD 0023806352 3/16/20183 8.60 1.070 9.20 PENSACOLA Vendor / Emplovee Name Doc Nbr Date Units Rate Amount GIS 10I INCPMGEOPH Page 2 Project : FR0766N -- 2017 GIFFORD LF 120.00 Invoice #:273346296 Phase Labor Phase: 05) REPORTING 3.0% Communication Fee 217.15 Phase Expense Vendor /Employee Name Doc Nbr Date Units Rate Amount WALKER, DYLAN 002833 3/7/2018 1.75 10.00 17.50 7.41 002833 3/8/2018 0.75 10.00 7.50 0.22 Total Project Labor 2.50 25.00 GIS COMPUTER TIME Total Project Expense 174.01 HENSLEY, MELISSA 002437 3/8/2018 3.00 10.00 30.00 002437 3/9/2018 2.75 10.00 27.50 002437 3/19/2018 0.75 10.00 7.50 002437 3/20/2018 0.25 10.00 2.50 002437 3/26/2018 0.25 10.00 2.50 7.00 70.00 BARFUS, JAN 002757 3/14/2018 0.25 10.00 2.50 002757 3/19/2018 1.75 10.00 17.50 002757 3/21/2018 0.25 10.00 2.50 002757 3/23/2018 0.25 10.00 2.50 2.50 25.00 Total: Billable Unit Pricing 120.00 Total Phase: 05) REPORTING Phase Labor 7,238.25 3.0% Communication Fee 217.15 Phase Expense 174.01 Phase: 06) Class/ Employee Name Hours Rate Amount CLERICAL ASSISTANT HASLAM, CAREY 0.13 57.00 7.41 Total Phase: 06) Phase Labor 7.41 3.0% Communication Fee 0.22 Total Project Labor 7,852.66 3.0% Communication Fee 235.58 Total Project Expense 174.01 Total Project: FR0766N -- 2017 GIFFORD LF 8,262.25 1m INCPMGEOPH Page 3 EAST HILI_ 3001 N DAVIS HWY PrNSACOLA FL 32503-9998 1174140003 0/2018T=-^(800)275`3777_ +11_31 AM E. loci Sale Final I ription Oty Price iM J -Day 1 $6.70 t I Rate Env (Domestic) (VERO BEACH, FL 32961) iFlat Rate) iExpected Delivery trate) Monday 04/02/2018) (USPS Tracking #) 9505 5117 6593 8089 2138 34) (irance 1 $0.00 (Up to $50.00 included) ,y Day 1 $6.70 + a Rate Env Domestic) VERO BEACH, FL 32968) 'Flat Rate) Expected Delivery Date) Monday 04/02/2018) USPS Tracking #) 9505 5117 6593 8089 2138 41) irance 1 $0.00 (Up to $50.00 included) Day 1 $6.70 Rate Env (Domestic) (VERO BEACH, FL 32961) (Flat Rate) (Expected Delivery Date) (Monday 04/02/2018) (USPS Tracking #) (9505 5117 6593 8089 2138 58) Insurance 1 $0.00 (Up to $50.00 Included) Total $20.10 1 Credit Card Remi -td $20.10 (Card Name:MasterCard) (Account #:XXXXXXXXXXXX2449) (Approval #:123137) (Transaction #:416) (Entry Mode:Chip) (AID:AOOO0000041010) (Application Label:MasierCard) (PIN:PIN Not Required) (Cryptogram:9C1082D9C1A945ED) (ARC:00) (CVR:1E03OO) (IAD:091060700324000OB45CO00000000 OOOOOFF) (TSI -,E800) (TVR:0000008000) t niq a , .tu. i 1 the tes� tN. .<) at . (lata - , i . ai,lal y . You mdy d160 Visit USPS . cum USPS Tracking or call 1-800-222-1811. Save this receipt as evidence of i i 1sur•ance . For i rif ormat i on on f i 1,1 n9 an insurance claim go to https : //wwvi .uses . com/l-tel p/claims .htm. All sales final on stamps and postage Refunds for guaranteed services :only Thank you for your business HELP US SERVE YOU BETTER TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE Go to: https://Postalexperieme.com/Pos 840-5320-0177-003-00022-84987-02 840-53200177-3-2284937-2 lark: 06 � pmt # rl-� 0 7 � % W Department # � ohm# 5- CPMUL_Uni# Rate on Ill # / Signature - %ftontractor: Y N_4 Date 203 3of4 FedEx Express Shipment Summary By Reference FedEx Express Shipments (Original) Rated Special Weight Transportation Handling Ret Chg/Tax ,Reference Shipments lbs Charges Charges Credits/Other Discounts Total Charges FR0766N 1 3.0 60.87 1.09 -40.18 21.78 Total FedEx Express 1 3.0 $60.87 $1.09 -$40.18 $21.781 TOTAL THIS INVOICE USD $21.78 2 204 PRINTERS OF PENSACOLA, LLC 1207 WEST GARDEN STREET Invoice PENSACOLA, FLORIDA 32502 0:850-434-2588 F:850-434-6295 wv v.printersofpensacola.com rayh@printersofpensacola.com No. 33534 2778 ` Date GEOSYNTEC CONSULTANTS 3/16/18 Customer P.O. No. PRINTERS OF PENSACOLA 1207 VEST GARDEN ST. PENSACOLA, Fl. 32502 850.434.2588 QUANTITY .� r CREDIT CARD SALE AMOUNT MID: 8788014182890 1 SCAN & EMAIL TU. 88014182890 REF#: 00000004 8.00 Batch #: 0520 03/16118 13.-14:54 Customer #: 2778 Invoice #: 4 APPR CODE 131454 MASTERCARD Chip -AA -"4 4#2449 kAIk# TRN REF: MCF'DFF1CB0316 i Approvers: Orb* AMOUNT USD $8.00 TAX U5D $0.60 TOTAL. USD $8.60 MasterCard' AID: A0000MM1010 TVR: 00 00 00 80 00 f _ TSI: E8 06 ARC: 00 f� Y� THANK YOU PLEASE CORIE AGAIN! CARDHOLDER COPY -� RETAIN 711 COPY Fog &TAIENENT YERIFICATIOR Project # � � Department # Phase #_ �-� CPM UK U it Rate N n8111M Task # _ Signature Subcontractor: Yj i� Taken by: File Originals SUBTOTAL 8.00 Account Type: COD TAX 0.60 Please pay from this invoice. Interest charge of 1 1/2 percent added for invoices past 30 SHIPPING days. Thank you! TOTAL 8.60 AMOUNT DUE 20� 8.60 k, INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM �'2� Date: April 30, 2018 To: Jason E. Brown, County Administrator Thru: Vincent Burke, Director of Utility Services From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: CCNA-2018 Work Order No. 1 to Geosyntec for One Year of Groundwater Task 5: Monitoring Well Maintenance Monitoring/Reporting and Related Consulting Services at the Former South Task 6: Brush Clearing Gifford Road Landfill DESCRIPTIONS AND CONDITIONS: In accordance with the requirements by the Florida Department of Environmental Protection (FDEP), the former South Gifford Road Landfill site requires continual groundwater monitoring activities and required regulatory oversight to show that the County and the Solid Waste Disposal District (SWDD) are proactively taking efforts to remediate the site. FDEP requires submittal of the next semi-annual groundwater monitoring report no later than August 31, 2018 (to document results of the summer 2018 sampling event included in the attached work order request). Previous sampling, reporting, and remedial events performed by Geosyntec have been completed on schedule and within budget. Accordingly, staff requested the attached proposal from Geosyntec to provide groundwater monitoring and reporting for an additional one-year period and annual pollution remediation liabilities evaluation. ANALYSIS: Geosyntec's proposal includes two semi-annual monitoring and reporting events for the plume monitoring well network, monitoring well maintenance and brush clearing, as well as preparation of an annual pollution remediation liabilities evaluation. Geosyntec's proposal consists of seven main tasks as follows: Task Description Budget Task 1: Project Management $5,222 Task 2: Meetings/Regulatory Interaction $5,686 Task 3: Annual Pollution Remediation Liabilities Evaluation $2,613 Task 4: Semi -Annual Sampling Activities $45,964 Task 5: Monitoring Well Maintenance $6,308 Task 6: Brush Clearing $9,801 Task 7: Data Evaluation and Semi -Annual Reporting $17,204 Total $92,798 206 Task 1 includes project planning and management responsibilities. Task 2 includes meeting attendance and interaction with regulatory agencies. Task 3 includes preparation of the annual environmental liability evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. Task 4 includes field preparation, groundwater sampling, and water level measurements (for a total of 56 wells). Task 5 includes monitoring well maintenance to repair well pads at three locations. Task 6 includes brush clearing activities to remove overgrowth impeding access for sample collection. Task 7 includes data evaluation and semi-annual reporting. Overall, the current work order reflects a greater requested level of effort than previously provided by Geosyntec related to needed well maintenance and brush clearing activities, and a more rigorous quantitative statistical evaluation to support possible reduction in the quantity and frequency of the sampling activities. FUNDING: Funding for this work is budgeted and available in account number 31521734-033490-03004, which is the one cent sales tax fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one cent sales tax in addition to infrastructure. Description Account Number Amount One Cent Sales Tax Fund — Infrastructure 31521734-033490-03004 $92,798 Needs RECOMMENDATION: Staff recommends that the SWDD Board approves and authorizes the Chairman to sign the CCNA-2018 Work Order No. 1 authorizing Geosyntec to provide groundwater monitoring/reporting and related consulting services for the former Gifford Road Landfill in compliance with FDEP requirements for a period of one year, not to exceed fee of $92,798. ATTACHMFNT- Geosyntec CCNA2018 WO No. 1 @BCL@040E7AOC.doc Page-2- 207 age-2- 207 CCNA2018 WORK ORDER 1 SOUTH GIFFORD ROAD LANDFILL This Work Order Number 1 is entered into as of this _ day of , 201_, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: . �j By: U Peter D. O'Bryan, Chairman Print Name: Jill Johnson Title: Principal BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 208 EXHIBIT A PROFESSIONAL SERVICES engineers I scientists I innovators 209 GeosyntecO' ` consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 132574 th Avenue SW Vero Beach, Florida 32968 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321.269.5880 FAX 321.269.5813 www.geosyntec.com 30 April 2018 Subject: Proposal to Provide One Year of Groundwater Monitoring/Reporting and Related Consulting Services Former South Gifford Road Landfill Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional services for Florida Department of Environmental Protection (FDEP)-required activities associated with continued implementation of the groundwater monitoring for the chlorinated volatile organic compound (CVOC) plume at the Former South Gifford Road Landfill located in Vero Beach, Indian River County, Florida (Site). This fee proposal is based on correspondence with the FDEP and discussions with IRC. As requested by IRC, this fee proposal includes budget to complete two semi-annual monitoring and reporting events for the plume monitoring well network, monitoring well maintenance and brush clearing, as well as related consulting services to prepare an annual pollution liabilities evaluation report for identified IRC -owned environmental liabilities and represent IRC during interactions with regulatory agencies. Geosyntec has prepared this proposal (professional services as Exhibit A) as Work Order No. CCNA2018 WO No. 1 for the Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec. The remainder of this letter provides an overview of the project background, a description of the proposed scope of work, a budget estimate, and a discussion of the schedule for accomplishment of the work described herein. PROJECT BACKGROUND As part of the long-term monitoring activities for the identified CVOC plume associated with the South Gifford Road Landfill, a network of monitoring wells will require sampling on an annual or semi-annual basis to: (i) confirm that the CVOC plume is not migrating by monitoring the lateral and vertical extent; (ii) evaluate the impact of source and dissolved plume bioremediation to assess FR0766\XR 18011 engineers I scientists I innovators 210 Mr. Himanshu H. Mehta, P.E. 30 April 2018 Page 2 Geosyntec consultants CVOC plume centerline concentrations over time; and (iii) assess the impact of biological and physical natural attenuation processes on CVOC plume degradation. In consideration of the ongoing natural attenuation processes occurring at the site, the enhancement of these biological processes via the injection of an electron donor was proposed and agreed to in concept by the FDEP in correspondence dated 2 August 2006. In response to FDEP's request and supported by groundwater monitoring results, Geosyntec conducted an injection event in 2017 [Remedial Action Plan Modification Addendum No. 3 (RAPM3)] to remediate recalcitrant CVOC groundwater impacts in the former source area. Semi-annual performance monitoring associated with bioremediation implementation is ongoing at monitoring well GR-MW37B and conducted concurrently groundwater monitoring of the plume monitoring well network. PROPOSED SCOPE OF WORK The proposed scope of work consists of semi-annual groundwater monitoring and reporting and related activities to be performed on behalf of IRC SWDD at the Former South Gifford Road Landfill. For the purpose of budgeting, the scope of work has been divided into the following tasks: • Task 1 — Project Management; • Task 2 — Meetings/Regulatory Interaction; • Task 3 — Annual Pollution Remediation Liabilities Evaluation; • Task 4 — Semi -Annual Sampling Activities; • Task 5 — Monitoring Well Maintenance; • Task 6 — Brush Clearing Activities; and • , Task 7 — Data Evaluation and Semi -Annual Reporting. The remainder of this section presents a general description of the activities to be performed in each task. Task 1 — Proiect Management: Under this task, Geosyntec will perform project planning and management responsibilities, such as correspondence with IRC SWDD and FDEP, invoice review, project coordination, and project administration. The budget includes ten hours per sampling/reporting event for the project manager, two hours for the principal -in -charge, and two hours for the administrative assistant. FR0766\XR18011 engineers I scientists I innovators 211 Mr. Himanshu H. Mehta, P.E. 30 April 2018 Page 3 Geosyntec consultants Task 2 — Meetings/Regulatory Interaction: Under this task, Geosyntec will prepare for and attend up to two meetings, with IRC SWDD, FDEP, and/or IRC Board of County Commission, as necessary. It has been assumed that one of these meetings will be in person and one meeting will be by conference call. Also, under this task, six hours has been included for the principal -in -charge to provide ongoing support to IRC SWDD related to interaction and negotiation with FDEP. Task 3 — Annual Pollution Remediation Liabilities Evaluation: As requested by IRC SWDD, under this task, Geosyntec will prepare the annual environmental liability evaluation. This document is prepared annually in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The objective of GASB No. 49 is to enhance the usefulness and comparability of pollution remediation obligation information reported by state and local governments. It has been assumed that the report will include evaluation of two sites, including South Gifford Road Closed Landfill (4701 41s' Street) and Old Administration Building (1840 25th Street). In addition, two hours have been included for a Florida registered professional engineer to conduct an independent review of the liability evaluation. Task 4 — Semi -Annual Sampling Activities: Under this task, Geosyntec will perform 2018 field activities related to the performance monitoring and plume groundwater monitoring. The semi- annual activities will include field preparation, groundwater sampling, and water level measurements. Field preparation activities will include scheduling and staffing, subcontracting, coordination with the analytical laboratory, field equipment preparation, procurement of Passive Diffusion Bag (PDB) samplers, and notifying FDEP and Vero Beach Municipal Airport of the field schedule. Performance monitoring well MW -37B associated with the RAPM3 implementation is included in the semi-annual sampling plan for analysis of bioremediation performance parameters, including dissolved gasses, total organic carbon, and dechlorinating microbial concentration. Geosyntec will perform the groundwater sampling activities associated with the CVOC plume monitoring well network. Sampling activities will be completed with a combination of PDB samplers and traditional low -flow sampling techniques. PDBs are anticipated to be purchased from EON Products, one of the few suppliers of this type of passive sampling device. Two PDB harnesses will be purchased from EON Products for monitoring wells GR-MW02C and GR- MW22CCR. Groundwater sampling activities will be executed using a two -person sampling crew and will be performed in general accordance with the FDEP Standard Operating Procedures (SOPS). The proposed summer 2018 field event (tentatively scheduled for June) will include sampling of nine monitoring wells (three wells using PDBs and six wells with traditional sampling techniques). The summer 2018 field event is budgeted to include one day for groundwater sampling activities and one day for PDB deployment for the next sampling event (total of two field days each with two persons). The proposed winter 2018 field event (tentatively scheduled for FR0766\XR18011 engineers I scientists I innovators 212 Mr. Himanshu H. Mehta, P.E. 30 April 2018 Page 4 Geosyntec consultants December) will include sampling of 47 monitoring wells (37 wells using PDBs and ten wells with traditional sampling techniques). The winter 2018 field event is budgeted to include a total of three days (with two persons) for groundwater sampling activities and PDB deployment for the summer 2019 sampling event. Consistent field documentation and field protocols will be utilized to develop reliable data to support the natural attenuation evaluation for the groundwater plume. The groundwater samples will be analyzed in accordance with the sampling plan summarized in the 2017 Annual Groundwater Monitoring Report. Quality control samples are proposed to be collected at a rate of 5% of total samples as required by the most recent FDEP SOPS. Geosyntec will conduct a complete round of groundwater level measurements coincident with each semi-annual groundwater sampling event (budgeted for one day with two -person field team for each event). Depth to groundwater measurements will be recorded to the nearest 0.01 -ft in each monitoring well, including existing monitoring wells and applicable City of Vero Beach wells (assumed up to 90 wells per event). It is anticipated that purge water (investigation -derived waste [IDW]) will be containerized in 55 - gallon polyethylene drums and temporarily staged on Site for characterization prior to removal and disposal. Costs are included herein for two 55 -gallon polyethylene drums and oversight of drum disposal concurrent with one of the sampling events. Overall, budget has been included for six field days with a two -person team (i.e., 12 man days) and associated field expenses for sampling. Task 5 — Monitoring Well Maintenance: A monitoring well inventory was conducted by Geosyntec personnel in December 2017 to document maintenance needs, including top of casings that had shifted above well completions, new well plugs, and/or new manhole lids. Based on observations, maintenance activities are necessary, as discussed with IRC, to repair well pads at three cluster locations, GR-MW13, GR-MW27, GR-MW32. Geosyntec will provide oversight for a subcontractor to repair tops of casings and replace well pads. A Florida -licensed surveyor will survey the repaired monitoring wells and performance monitoring well GR-MW3713 to identify the location and relevant elevation information (e.g., top of casing, ground surface). Monitoring well maintenance will be performed prior to the summer 2018 semi-annual groundwater monitoring event. Task 6 — Brush Clearing Activities: During the monitoring well inventory conducted by Geosyntec personnel in December 2017, approximately 20 well clusters were noted to be overgrown by brush or tall grass impeding access for sample collection. Geosyntec will provide oversight for a contractor to clear brush and mow undergrowth in an approximate 6 feet radius around select well clusters. Brush clearing activities will be performed prior to the summer 2018 semi-annual groundwater monitoring event. FR0766\XR18011 engineers I scientists I innovators 213 Mr. Himanshu H. Mehta, P.E. 30 April 2018 Page 5 GeosMtec consultants Task 7 — Data Evaluation and Semi -Annual Reporting: Under this task, Geosyntec will perform data evaluation activities and reporting. The reporting includes preparation of one summer 2018 report (simplified format) and one winter 2018 report for submittal to FDEP. The summer 2018 report will be a letter report with attachments, including a monitoring well location map and tables of the field and laboratory results. Data evaluation activities for the summer 2018 report will include database management, screening results against applicable regulatory criteria, and summary data table preparation. This report will be prepared following the. June groundwater sampling event. The winter 2018 report will be consistent with the groundwater monitoring reports historically submitted to FDEP for this Site and the data evaluation activities will include database management, screening results against applicable regulatory criteria, GIS figure preparation, time trend analyses, and/or statistical data analyses. The winter 2018 annual report will be supported by attachments containing Chain -of -Custody sheets, field notes and observations, water sampling logs, maps, graphs, analytical results, and any other applicable materials. In addition to the information outlined above (which has been provided historically in groundwater monitoring reports for the Site), this report will include a more rigorous quantitative statistical evaluation of the CVOC results to support the possible reduction in the quantity and frequency of the sampling activities. As part of the statistical analysis, trend analysis graphs showing temporal concentrations of constituents and a summary of the Mann -Kendall statistics will be included to identify increasing, decreasing, or no trends in groundwater constituent concentrations. Historical data summaries will be included for monitoring wells recommended for removal from the monitoring plan. This report will be prepared following the December groundwater sampling event. The draft summer and winter 2018 reports will be submitted to IRC SWDD for review prior to submittal to FDEP. Each final report will be signed and sealed by a Florida registered professional engineer or geologist. SCHEDULE The semi-annual groundwater monitoring events will be tentatively conducted in June and December 2018 as described herein. Reports will be submitted to FDEP to meet required deadlines. BUDGET ESTIMATE A budget estimate for the scope of work outlined in Tasks 1 through 7 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment A. The budget estimate presented in this proposal is based on Geosyntec's understanding of the FR0766\XR] 8011 engineers I scientists I innovators 214 Mr. Himanshu H. Mehta, P.E. 30 April 2018 Page 6 Geosyntec" consultants project requirements, our experience gained from executing similar tasks for SWDD since 2002 at the Site, and experience with groundwater monitoring and reporting activities at similar facilities. Geosyntec will not exceed the budget estimate without prior approval and written authorization from IRC SWDD. Task 1 —Project Management $5,222 Task 2 — Meetings/Regulatory Interaction $5,686 Task 3 — Annual Pollution Remediation Liabilities Evaluation $2,613 Task 4 — Semi -Annual Sampling Activities $45,964 Task 5 — Monitoring Well Maintenance $6,308 Task 6 — Brush Clearing Activities $9,801 Task 7 — Data Evaluation and Semi -Annual Reporting $17,204 TOTAL $92,798 CLOSUREI Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Ms. Johnson's attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely, Crystal Towns, P.G. Hydrogeologist i,- W '&-�" Jill W. Johnson, P.G. Principal Hydrogeologist Attachments FR0766\XR18011 engineers I scientists I innovators 215 ATTACHMENT A BUDGET ESTIMATE engineers I scientists I innovators 216 XR18011 Table 1 APRIL 2018 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 1: Proiect Management ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $225 2 $450 Professional hr $160 24 $3,840 Subtotal Professional Services $4,290 B. Technical/Administrative Services Project Administrator hr 1 $65 1 12 $780 Subtotal Technical/Administrative Services $780 C. Reimbursables Communications Fee 3% labor 0.03 1 5,070 $152 Subtotal Reimbursables $152 TOTAL ESTIMATED BUDGET: TASK 1 $5,222 Geosyntec Consultants 217 Table 2 APRIL 2018 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 2: Meetings/Reeulatory Interaction ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $225 16 $3,600 Professional Iv $160 12 $1,920 Subtotal Professional Services $5,520 C. Reimbursables Communications Fee 3% labor 0.03 1 5,520 $166 Subtotal Reimbursables $166 TOTAL ESTIMATED BUDGET: TASK 2 $5.686 XR18011 Geosyntec Consultants 218 Table 3 APRIL 2018 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 3: Annual Pollution Remediation Liabilities Evaluation ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $240 1 $240 Principal hr $225 1 $225 Senior Professional hr $205 2 $410 Professional hr $160 2 $320 Staff Professional hr $120 10 $1,200 Subtotal Professional Services $2,395 B. Technical/Administrative Services Project Administrator hr 1 $65 1 2 $130 Subtotal Technical/Administrative Services $130 C. Reimbursables Communications Fee 3% labor 0.03 . 2,525 $76 8.5"x11" Photocopies each $0.12 100 $12 Subtotal Reimbursables $88 TOTAL ESTIMATED BUDGET: TASK 3 $2,613 M 8011 Geosyntec Consultants 219 Table 4 APRIL 2018 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 4: Semi -Annual Samnlinp Activities ITEM BASIS RATE I QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $225 4 $900 Professional hr $160 12 $1,920 Senior Staff Professional hr $140 100 $14,000 Subtotal Professional Services $16,820 B. Technical/Administrative Services Construction Manager 11 hr $120 100 $12,000 Project Administrator hr $65 2 $130 Subtotal Technical/Administrative Services $12,130 C. Subcontractors Laboratory Analysis for VOCs each $62 59 $3,630 Laboratory Analysis for TOC each $29 7 $206 Laboratory Analysis for Dissolved Gases each $83 7 $580 Laboratory Analysis for Dhe each $305 4 $1,220 Laboratory Analysis for vcrA each $90 4 $360 Subtotal Subcontractor Services $5,996 D. Reimbursables Miscellaneous Supplies day $50 14 $700 PDBs for Summer event quote $32 3 $97 PDBs for Winter event quote $32 37 $1,196 PDB Harnesses quote $55 2 1 $110 Drums each $50 2 $100 Drum Transport each $262 2 $524 Lodging day $152 14 $2,128 Per Diem day $51 14 $714 Communications Fee 3% labor 0.03 $28,950 $869 Field Vehicle day $80 14 $1,120 8.5"x11" Photocopies each $0.12 160 $19 Overnight Cooler -Test America each $95 4 $380 Overnight Cooler-SIREM each $95 2 $190 Groundwater Sampling Kit (per sampler) day $300 8 $2,400 Water Level Measurement Kit (2 person team) day $55 2 $110 PDB Deployment Kit day $100 2 $200 Equipment Shipping each $54 3 $162 Subtotal Reimbursables $11,019 TOTAL ESTIMATED BUDGET: TASK 4 $45,964 Notes: 1. Lodging and per diem rates were taken from the GSA website for the Vero Beach area (www.gsa.gov). 2. Groundwater Sampling Kit includes two sets of the following: water level indicator, peristaltic pump, water quality meter (pH, temperature, conductivity, dissolved oxygen, and oxidation reduction potential), turbidity meter, tubing, and miscellaneous field supplies. 3. Water Level Measurement Kit includes: water level indicator and miscellaneous field supplies. 4. PDB Deployment Kit includes: miscellaneous field supplies necessary to suspend and deploy PDBs. XR18011 Geosyntec Consultants 220 Table 5 APRIL 2018 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 5: Monitorine Well Maintenance ITEM BASIS I RATE QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $225 0 $0 Professional hr $160 4 $640 Senior Staff Professional hr $140 14 $1,960 Subtotal Professional Services $2,600 C. Subcontractors Environmental Drilling Service lump sum $2,461 1 $2,461 Kugelmann Land Surveying lump sum $1,038 1 $1,038 Subtotal Subcontractor Services $3,499 D. Reimbursables Miscellaneous Supplies day $50 1 $50 Per Diem day $51 1 $51 Communications Fee 3% labor 0.03 $2,600 $78 Field Vehicle day $80 1 $80 Subtotal Reimbursables $209 TOTAL ESTIMATED BUDGET: TASK 5 $6,308 Notes: 1. Per diem rates were taken from the GSA website for the Vero Beach area (www.gsa.gov). XR18011 Geosyntec Consultants 221 Table 6 APRIL 2018 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 6: Brush Clearing Activities ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $225 0 $0 Professional hr $160 4 $640 Senior Staff Professional hr $140 26 $3,640 Subtotal Professional Services $4,280 C. Subcontractors Santa Cruz Construction lump sum 1 $4,869 1 $4,869 Subtotal Subcontractor Services $4,869 D. Reimbursables Miscellaneous Supplies day $50 2 $100 Lodging day $131 2 $262 Per Diem day $51 2 $102 Communications Fee 3% labor 0.03 $4,280 $128 Field Vehicle day $80 2 $160 Subtotal Reimbursables $652 TOTAL ESTIMATED BUDGET: TASK 6 $9,801 Notes: 1. Lodging and per diem rates were taken from the GSA website for the Vero Beach area (www.gsa.gov). XR18011 Geosyntec Consultants 222 XR18011 Table 7 APRIL 2018 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 7: Data Evaluation and Semi -Annual Renortine ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $240 4 $960 Principal hr $225 12 $2,700 Professional hr $160 30 $4,800 Staff Professional hr 1 $120 1 40 $4,800 Subtotal Professional Services $13,260 B. Technical/Administrative Services Designer hr $130 18 $2,340 Project Administrator hr $65 8 $520 Subtotal Technical/Administrative Services $2,860 C. Reimbursables Communications Fee 3% labor 0.03 $16,120 $484 Specialized Computer Applications hr $15 36 $540 8.5"x11" Photocopies each $0.12 500 $60 Subtotal Reimbursables $1,084 TOTAL ESTIMATED BUDGET: TASK 7 $17,204 Geosyntec Consultants 223 S J �40 t C♦RV INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL OFFICE Indian River County Environmental Control Hearing Board Indian River County Board of County Commissioners Sitting as the Environmental Control Board Dr. Philip R. Glade, Chairman Peter D O'Bryan, Chairman Kevin M. Rollin, Vice Chairman Bob Solari, Vice Chairman Dr. Richard H. Baker Joseph E. Flescher Patrick Walther, P.E. Tim Zorc Christopher Murphy, P.E., ME, MPA Susan Adams Jennifer Peshke, Board Attorney Environmental Control Officer Cheryl L Dunn, R. S. Kate Cotner, Assistant County Attomdy INTEROFFICE MEMORANDUM DATE: May 2, 2018 MEMO TO: Board of County Commissioners sitting as Environmental Control Board, Indian River County FROM: Cheryl L. Dunn, R. S. S. Environmental Control Officer SUBJECT: ECHB Annual Report (October 1, 2015 — September 30, 2016) The following is a summary of enforcement activities conducted by the Environmental Control Office during the above fiscal year. Case No. 528-15, Rashmi R. Patel and Ramesh C. Patel, 14445, and 14475 US Hwy 1, Sebastian, Florida. Rashmi R. Patel and Ramesh C. Patel were cited by the Florida Department of Health in Indian River County (DOH -Indian River) for two failing onsite sewage treatment and disposal systems (OSTDS), unpermitted repairs and modifications to existing OSTDS, discharging sewage effluent into a wooded area behind the establishment, ponding sewage on the ground, free-flowing artesian well going to waste and creating and maintaining multiple sanitary nuisances. The establishment also known as the Sandrift Motel was licensed for 48 units by Department of Business Regulation, Division of Hotels and Restaurants, had an unlicensed and unoccupied 84 -seat restaurant (previously Marker 1), and a public swimming pool permitted by DOH -Indian River. On June 9, 2016, the Sandrift Motel, Rashmi R. Patel and Ramesh C. Patel stipulated that the restaurant property shall remain vacant until (1) it is sold to another party, and (2) it is connected to the County water and sanitary sewer. The grease trap and septic tank associated with unoccupied 84 -seat restaurant were properly abandoned on August 3, 2015. Therefore, the only option for reoccupation of the structure is to connect to County water and sewer. Rashmi R. Patel and Ramesh C. Patel stipulated that if the property is not sold to another party, the existing structure will not be occupied and/or used for any purpose whatsoever until the existing structure on the property is connected to County water and sewer. Rashmi R. Patel and Ramesh C. Patel stipulate that the property will continuously be maintained under their ownership. For purposes of this stipulation, maintaining the property means to ensure that there are -- 1900 -- i7 h street Vero Beach, FL 32960 1 (P a g e Phone: (772) 794-7440 224 FAX: (772) 794-7447 no squatters, no rodent harborage and the structure is kept from falling into disrepair. Rashmi R. Patel and Ramesh C. Patel stipulated to the imposition of a civil penalty of $10,000.00, which shall be suspended and purged, contingent upon compliance with the Stipulation. If the property is used at any time prior to the sale of the property to a third party before the property is completely connected to County water and sewer, the above -referenced suspended penalty will be imposed on Rashmi R. Patel and Ramesh C. Patel, and an additional $100 will be charged for every day thereafter until the referenced connections are completed. Rashmi R. Patel and Ramesh C. Patel shall provide the department with written updates by the 301' of every month detailing their progress in selling the property. Updates are provided to the department by electronic mail to Cheryl.Dunn@flhealth.gov. The department stipulated that Rashmi R. Patel and Ramesh C. Patel would be released from penalties and obligations associated with both the Order dated April 10, 2015, and the First Amended order dated June 10, 2015. Rashmi R. Patel and Ramesh C. Patel, however, are still responsible for all penalties and obligations associated with Lots 1, 9, 10 and 11 of Ercildoune Heights Subdivision 1, Block D. Although Rashmi R. Patel and Ramesh C. Patel sold Lots 2, 3, 4, 5, 6, 7, and 8 of Ercildoune Heights Subdivision 1, Block D to Sebastian Inn & Suites, LLC on July 9, 2015, they were included in the Third and Fourth Amended Orders regarding violations previously heard before the Hearing Board on April 2, 2015, June 4, 2015 and August 6, 2015. Rashmi R. Patel and Ramesh C. Patel had not corrected the violations which existed on the property when they sold it to Sebastian Inn & Suites, LLC. Specifically, Rashmi R. Patel and Ramesh C. Patel were still in violation, because they had not abandoned the existing septic tanks and sewage disposal systems on the motel property, and failed to connect the motel property to County water and sewer. Instead, Rashmi R. Patel and Ramesh C. Patel continued to use septic systems which were illegally modified and continued to create a sanitary nuisance. 2. Case No. 529-15, Sebastian Inn & Suites, LLC, 14415 US Hwy 1, Sebastian, Florida. Sebastian Inn & Suites, LLC became the owner of the motel located at 14445 and 14475, US Hwy 1, Sebastian, FL 32958. The motel property was purchased from Rashmi R. Patel and Ramesh C. Patel on July 9, 2015, who retained ownership of Lots 1, 9, 10 and 11. The motel property was readdressed as 14415 US Hwy 1, Sebastian, FL 32958 after the sale of the property. Andrew G. Tashbar is the operating manager of Sebastian Inn & Suites the motel located on the property. Sebastian Inn & Suites is licensed for 48 units and includes a manager's residence, a laundry and a public swimming pool. The motel was served by one onsite public water supply well that is regulated by the Florida Department of Environmental Protection which was located less than 200 feet from existing onsite sewage disposal systems. It was unclear as to how many septic tanks were in existence on the motel property or the condition of those existing tanks. The motel was built in 1958 and over time, there were numerous modifications made and structures added to the motel property. Structures such as sheds, walkways, and parking areas were placed over existing septic systems. County water and sewer has been available to the motel property since 1997 and the property owner prior to Rashmi R. Patel and Ramesh C. Patel had been notified. Due to a complaint, an investigation was undertaken on February 26, 2015. The DOH -Indian River 2 1 P a g c 225 located two septic tanks with ponding sewerage containing toilet paper behind the two-story structure with 20 motel units. Sewage was also observed on the surface of the ground around two septic and pump tanks. Effluent from those tanks was observed being pumped into a wooded area behind the two-story structure overgrown with Brazilian Pepper trees. DOH -Indian River also identified nonfunctioning lift stations with pumps, open septic or pump tanks without lids, systems that had been re -plumbed and diverted to other tanks and drainfields, on the motel property. Paver blocks were also found placed on openings in septic tank lids. These conditions were evidence of frequent servicing, which is a symptom of septic system failure. These actions constituted changes to the original septic permitting or construction approvals. Unpermitted septic work is illegal and invalidates any prior approvals of the OSTDS. The septic tanks servicing the two-story 20 -unit motel building were being pumped out on a semi regular basis. ODOH-Indian River staff also identified other sanitary nuisances while performing inspections over a five- month period. At the August 6, 2015, meeting, the Hearing Board gave Sebastian Inn & Suites, LLC an extension to connect the motel property to County water and sewer. Sebastian Inn & Suites, LLC was ordered (a) to either connect the motel property to County water and sewer on or before ninety (90) days from the date of the Second Amended Order was signed and filed or properly abandon all of the structures; (b) to abandon the septic tanks behind the two-story building as soon as practical; (c) to provide weekly updates to the department regarding the remediation of the sanitary nuisances and the progress of connecting motel property to County water and sewer;(d) to perform a daily inspection of the entire motel property and immediately contact the department if a sanitary nuisance is discovered; (e) to notify the department when construction takes places on the motel property which requires the water to be shut off, etc., so that DOH -Indian River staff can inspect and monitor the motel property during construction; and (f) to appear at the next Hearing Board meeting on October 1, 2015, to give a progress report to the Hearing Board on the exiting violations and to account for any additional violations that may occur on the motel property in the interim. At the Hearing Board on October 1, 2015, Andrew Tashbar testified that the septic tanks behind thetwo-story building had been properly abandoned, that all of the structures on the motel property should be connected to County water and sewer on or before November 18, 2015, and that the Sebastian Inn & Suites, LLC had located all of the existing septic tanks on the motel property. During his testimony, Andrew Tashbar provided the Hearing Board with the design plans for the referenced connection on the motel property. The department noted on the record that the plans did not include a connection for the laundry structure. Andrew Tashbar also testified that he had not given the Health Department weekly updates pursuant to the Second Amended Order dated August 18, 2015, on four separate occasions. On October 1, 2015, the Hearing Board established the deadline for Sebastian Inn & Suites, LLC to bring the motel property into compliance by November 18, 2015. The Second Amended Order dated August 18, 2015, was continued and in force through the next Hearing Board meeting on December 3, 2015. Sebastian Inn & Suites, LLC was ordered to hold three separate joint inspection meetings with the DOH -Indian River at 9:00 am on the motel property on the following dates: October 12, 2015, November 2, 2015 and November 16, 2015. If the Respondent completed the task of 3 1 P a g e 226 fully connecting the motel property to County water and sewer prior to the above - referenced inspection dates, the remaining inspection meetings would be cancelled. Sebastian Inn & Suites, LLC was ordered to pay a fine of $200.00 for failing to provide the DOH -Indian River updates on four occasions. Sebastian Inn & Suites, LLC was ordered to continue to provide weekly written updates to the DOH- Indian River regarding the remediation of the sanitary nuisances and the progress of connecting the motel property to County water and sewer. Updates were provided by email to cheryi.dunnefihealth.gov. Sebastian Inn & Suites, LLC was ordered to provide the DON -Indian River with any and all documents it requests concerning the motel property including, but not limited to, plans and permits. Sebastian Inn & Suites, LLC was ordered to take all reasonable measures to prevent sanitary nuisances during the construction. At the hearing board meeting on the December 3, 2015, a Fourth Amended Order was issued. As of November 2, 2015, the DOH -Indian River, the County Utilities Department and County Building Department all inspected the motel property and confirmed that all structures were completely connected to County water and sewer and that all nineteen (19) onsite sewage and disposal systems discovered during construction were properly abandoned. Sebastian Inn & Suites, LLC paid the $200.00 fine assessed in the Third Amended Order, and paid for all necessary permits to abandon the septic tanks. Sebastian Inn & Suites, LLC corrected all the sanitary nuisance violations which existed on the motel property. 3. Case No. 532-15, Loretta Graves, 376 8t' Court, Vero Beach, Florida. The Hearing Board heard this case on August 6, 2015, where the property owner, Loretta Graves, was represented by an attorney, Judy Graves, Esq. The property owner's friend, Dr. Sara Lee Matthews, was also in attendance at the hearing. On June 10, 2015, Health Department staff investigated a reported sanitary nuisance relating to an abundance of cats at the owner's property. The investigator observed not only many cats, but also a large accumulation of animal waste. On the same day, the representative issued a Notice to Correct Violation ("First Notice") against the Respondent for violating Sections 386.041 and 403.413(4), Florida Statutes, because the Subject Property was being maintained in an unsanitary condition capable of introducing and perpetuating human disease organisms and vectors into the community. The failure to properly maintain appropriate animal husbandry conditions and dispose of animal wastes on the property created conditions capable of producing zoonotic pathogenic organisms communicable and harmful to man. The First Notice also cited the property owner for altering or changing the original design and approved conditions of the onsite sewage treatment and disposal system on the property in violation of septic rules for the state of Florida. To correct the violations of the First Notice, the property owner, Mrs. Loretta Graves was told to (1) immediately collect and dispose of the animal waste and cover the areas exposed to animal waste with Hydrated Lime; (2) submit a site plan to the Indian River County Planning Department to operate a noncommercial kennel on her property within 30 days, and (3) provide the Health Department with a written response specifying the dates and details of how she intends to comply within 10 business days from the receipt of the notice. 4 1 P a g e 227 Subsequently, on June 12, 2015, the investigator from the Health Department issued a Second Notice to Correct Violation ("Second Notice") against the property owner, Mrs. Loretta Graves, for the following: (1) conducting open feeding practices on her property creating a rodent breeding and harborage in violation of Florida law; (2) keeping an abundance of debris on her property that allows for the breeding of flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans in violation of Florida law; and (3) failure to properly abandon and seal a water well cut off near the ground surface which is capable of allowing pollutants to enter and contaminate the ground waters of the State of Florida in violation of Florida law. To correct the violations of the Second Notice, the Respondent was told to do the following within 30 days of receipt of the Second Notice: (1) provide evidence or request a site re -inspection of the property to confirm that debris, solid waste and other rodent harborage has been properly removed, disposed or stored in a manner which minimizes the opportunity for breeding; (2) provide evidence or request a site re -inspection of the property to confirm that debris, solid waste and containers are properly removed, disposed or stored in a manner which minimizes the collection of storm water collection and mosquito breeding; and (3) provide a written response specifying dates and details of each and every act by you which she contends constitute compliance or future compliance with the above requirements. The Respondent was also told to provide for the proper abandonment of the improperly abandoned well on the Subject Property by a licensed well driller within 10 business days of receipt of the Second Notice. After receiving the two notices, Mrs. Loretta Graves hired attorney Judy Graves ("Attorney Graves") to represent her. Attorney Graves reached out to the Health Department to resolve some of the pending issues: On July 1, 2015, Health Department staff, the attorney for Animal Control, a representative for Code Enforcement, and Attorney Graves had a conference call to discuss the pending violations and citations against Mrs. Loretta Graves and her property. During the call, Judy Graves agreed to immediately clean the animal waste and the excess debris from the property to abate the sanitary nuisances. The Health Department also stated in a letter dated July 2, 2015, that the Mrs. Loretta Graves would be given until July 11, 2015, to hire a licensed plumber to place a sanitary seal on the open water well on her property. The Health Department made it clear that this would be a temporary fix and that the property owner would be responsible for hiring a well driller to get a permit and properly abandon the water well. While the Health Department was told that the animal waste had been collected and disposed of, there is no evidence that the areas exposed to animal waste had been properly treated with Hydrated Lime. Moreover, neither the Department nor the Indian River County Planning Department had received a site plan to operate a noncommercial kennel on the property. Moreover, the Mrs. Loretta Graves had not allowed the Health Department onto her property to reinspect the site to confirm that the debris, solid waste, containers, and other rodent harborage has been properly removed, disposed or stored in a manner which minimizes the opportunity for breeding. The property owner also did not provide evidence that the water well was either properly abandoned by a licensed well driller or that a licensed plumber placed a sanitary seal on the water well. 5 1 P a g e 228 At August 6, 2015, hearing, Attorney Graves testified that: (1) Dr. Sara Matthews had volunteered to hire and pay for a licensed well driller to properly abandon the water well on Mrs. Loretta Graves' property, (2) that Mrs. Loretta Graves discontinued the continuous open feeding practices and choose instead to feed the animals on the her property twice a day both inside and outside her house, and (3) a cat fence had been constructed on the property pursuant to an order from Judge Morgan to prohibit cats from roaming onto neighboring properties. The Hearing Board took testimony that there are over 20 cats licensed to Mrs. Loretta Graves. At the hearing, Dr. Sara Matthews testified that the hospital she works for, Dr. Dan's Hospital, has spayed/neutered and vaccinated most, if not all, of the cats on Mrs. Loretta Graves' property. Dr. Sara Matthews also testified that Mrs. Loretta Graves will not allow any additional cats onto her property. Finally, at the hearing, Attorney Graves moved an affidavit from Lisa Mead into the record. Lisa Mead's affidavit swears that she is a personal, friend of Mrs. Loretta Graves and that she visits her once a week. The affidavit also states that in recent months, Lisa Mead has assisted Mrs. Loretta Graves with cleaning the house and yard associated with her property. Specifically, the affidavit states that she has cleared debris from the yard, raked leaves, pulled weeds, turned over containers that could hold water, and taken waste and garbage to the transfer station on Old Dixie Highway. In the affidavit, Lisa Mead sweared to continue to visit and assist Mrs. Loretta Graves. Mrs. Loretta Graves violated Sections 386.041, 386.041(1)(e), 386.041(1)(0 and 403.413(4), Florida Statutes, and Rules 40C-3.531(2), 68A-4.001(3), 64E-6001(4) and 64E-6001(4)(a)4(d), Florida Administrative Code, because she: (1) had failed to properly clean the animal waste from her property to eradicate any public health risk; (2) failed to create and deliver a site plan to either the Health Department or the Indian River County Planning Department to operate a noncommercial kennel on her property; (3) failed to stop conducting open feeding practices on her property creating a rodent breeding and harborage; (4) failed to properly clean the abundance of debris from her property allowing for the harborage of rodents and the breeding of flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans; (5) failed to coordinate with the Health Department to reinspect her property; and (6) failed to either properly abandon the water well or put a temporary sanitary seal on the water well until the financing could be obtained to abandon the well. Mrs. Loretta Graves was ordered to immediately remove all animal waste from her property, and to place Hydrated Lime on the areas that were exposed to the animal waste. Mrs. Loretta graves was ordered to immediately stop conducting open feeding practices on her property creating a rodent breeding and harborage. Mrs. Graves was ordered to immediately clear her property of all debris that allows for the harborage of rodents and the breeding of flies, mosquitoes, or other arthropods. Mrs. Loretta Graves was ordered to immediately hire a licensed well driller to abandon the existing water well her property. Mrs. Graves was ordered to allow the Health Department to enter onto her property for to reinspect on or before August 30, 2015. Mrs. Loretta Graves was ordered to allow the Health Department to inspect her property on a continuing basis every three (3) months for a period of two (2) years. The Health Department will give a forty-eight (48) - hour notice via email or phone to Mrs. Loretta Graves' attorney, Judy Graves, Esq., at Julia@ajuliagraves.com and copy Dr. Sarah Matthews at saraleemathews(o-)qmail.com. Mrs. Loretta Graves was 6 1 P a g e 229 also ordered to appear at the next Environmental Control Hearing Board meeting on October 1, 2015. This case was not heard at the October 1, 2015, Hearing Board due to a scheduling conflict with Attorney Graves, legal representative for Mrs. Loretta Graves. The case was continued till the December 3, 2015, Hearing Board Meeting. On November 3, 2015, the Environmental Control Office amended the Notice of Non -Compliance removing issues related to Code Enforcement and Animal Control. Mrs. Loretta Graves allowed the Health Department to reinspect her property and successfully abandoned and sealed the water well on her property. Mrs. Loretta Graves also had erected a cat fence on her property. The debris was removed from inside the cat fence. The debris on the outside of the cat fence, however, had not been disposed of and is still capable of harboring rodents and/or of breeding of flies, mosquitoes, or other arthropods. On December 1, 2015, Mrs. Loretta Graves allowed the Health Department to reinspect her property pursuant, to the Board's order dated August 20, 2015. The Health Department observed minor debris and potential animal feces inside of the cat fence. The Health Department also observed an accumulation of debris on the outside of the cat fence that is capable of harboring rodents and/or of breeding of flies, mosquitoes, or other arthropods. At the hearing, Health Department staff, Charles Vogt, testified about his observations during the site reinspections which took place on or about August 31, 2015, and on December 1, 2015. Cheryl Dunn also testified about her observations during the site inspection on December 1, 2015. Both representatives testified that they observed an excess amount of debris on Mrs. Loretta Graves' property outside of the cat fence and minimal amount debris inside the cat fence. Cheryl Dunn also testified that she observed animal waste inside the cat fence. Mrs. Loretta Graves was represented by Attorney Graves. Attorney Graves called Dr. Sara Matthews to testify about her observations. Dr. Matthews said that there is still debris on Mrs. Loretta Graves' property outside the cat fence, but that they are slowly working on cleaning that up. She also testified that there was no animal waste on the ground inside the cat fence. She confirmed that she is the veterinarian for Mrs. Loretta Graves' 23 cats, and they are all vaccinated and currently healthy. She testified that she has worked with the Mrs. Loretta Graves' cats over the years and de -wormed them several times to ensure that they are healthy and not a health risk to the public. The Hearing Board discussed whether they should require soil testing on her property to ensure that the soil has not been contaminated by animal waste and parasites. The Hearing Board also discussed Mrs. Loretta Graves' pre - application with Indian River County for a non-commercial kennel permit. At the December 3, 2015, Hearing Board determined that Mrs. Loretta Graves had violated Sections 386.041(1)(e) and 386.041(1)(f), Florida Statutes, because she failed to properly clean the Subject Property of the abundance of debris allowing for the harborage of rodents and the breeding of flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans. Mrs. Loretta Graves was ordered to immediately clear her property of all debris by January 25, 2016. For purposes of this Order, the property includes the entire lot owned by the Mrs. Loretta Graves including inside the cat fence and outside the cat fence. Mrs. Loretta Graves was ordered to allow the Health Department to enter onto her property to reinspect on or shortly after January 25, 2016. The Order dated August 7 1 P a g e 230 18, 2015, is still in effect. Therefore, the Respondent must continue to allow the Health Department to inspect the Subject Property on a continuing basis every three (3) months for a period of two (2) years. The Health Department will give forty-eight (48) hours' notice via email or phone to the Respondent's attorney, Judy Graves, Esq., at Julia@ajuliagraves.com and copy to Dr. Sara Matthews at saraleemathews@gmail.com. The inspection will be rescheduled if there is a rain event. Mrs. Loretta Graves was ordered to appear at the Environmental Control Hearing Board meeting on February 4, 2016, to give an update to the Hearing Board. The Hearing Board strongly encourages Mrs. Loretta Graves to apply for a non- commercial kennel permit with Indian River County as soon as possible. If the Respondent is not eligible for a non-commercial kennel, then the Hearing Board recommends that Animal Control and Code Enforcement remove the excess animals from her property to bring it into compliance with the laws of the State of Florida and the Indian River County Code of Ordinances. On January 21, 2016, Health Department staff reinspected the property at the request of Attorney Graves. During reinspection, both parties specifically identified the areas of concerns on the property. At the Board meeting on February 4, 2016, Health Department staff, Charles Vogt, gave testimony about his observations during reinspections conducted on January 21, 2016, and February 2, 2016. Charles Vogt testified that Mrs. Loretta Graves and her volunteers did a really great job, and that her property was currently clear of all debris. As such, Mrs. Loretta Graves' property is currently in compliance with the laws of the State of Florida. Mrs. Loretta Graves was represented Attorney Graves. Attorney Graves called Dr. Sara Matthews to testify about her observations. Dr. Matthews confirmed that she and a team of volunteers cleared Mrs. Loretta Graves' property of the debris. Dr. Matthews also testified that she is assisting Mrs. Loretta Graves with her pre - application with Indian River County for a non-commercial kennel permit. The Hearing Board was pleased that Mrs. Loretta Graves had successfully brought her property into compliance. The Hearing Board was still concerned about the potential parasite in the soil on Mrs. Loretta Graves' property as well as the status of the non- commercial kennel permit. The Health Department agreed to give the Hearing Board an update at the next meeting on April 7, 2016. The Respondent's legal counsel is not required to appear at this meeting. The Order dated August 18, 2015, is still in effect. Therefore, Mrs. Loretta Graves must continue to allow the Health Department to inspect her property on a continuing basis every three (3) months for a period of two (2) years. The Health Department will give forty-eight (48) hours' notice via email or phone to Attorney Graves, at Julia@ajuliagraves.com and copy Dr. Sara Matthews at saraleemathewsOgmail.com. The inspection will be rescheduled if there is a rain event. If the Mrs. Loretta Graves is not eligible for a non-commercial kennel, then the Hearing Board recommends that Animal Control and Code Enforcement remove the excess animals from her property to bring it into compliance with the laws of the State of Florida and the Indian River County Code of Ordinances. The Hearing Board retains jurisdiction in this cause to enter such further Orders as may be appropriate. 4. Case No. 530-15, Punam Enterprises, Rashmi R. Patel and Ramesh C. Patel, Lot 12 of Ercildoune Heights Subdivision 1, Block D currently addressed 14449 8 1 P a g e 231 US Hwy 1, Sebastian, Florida. Rashmi R. Patel and Ramesh C. Patel, entered into an agreement that pertains to their property located at Lot 12 of Ercildoune Heights Subdivision 1, Block D currently addressed 14449 US Hwy 1, Sebastian, FL 32968. Neither admit nor deny any wrongdoing in this matter, but stipulate to the following to resolve all matters pertaining to the requirements that property be connected to the available County water and sanitary sewer system, as set out in Chapter 201, Indian River County Code, and Chapter 381, Florida Statutes. The property is currently for sale and the property owners stipulate that the property shall remain vacant until: (1) it is sold to another party, and (2) it is conhected to the County water and sanitary sewer systems. The septic tank associated with the Subject Property was properly abandoned on August 3, 2015. Therefore, the only option for reoccupation of the structure on the property is to connect to County water and sewer. The property owners agreed that if the property is not sold to another party, the existing structure will not be occupied and/or used for any purpose whatsoever until the existing structure on the property is connected to County water and sewer. The property owners also agreed that the Subject Property will continuously be maintained under their ownership. For purposes of this stipulation, maintaining the property means to ensure that there are no squatters, no rodent harborage and that the structure is kept from falling into disrepair. The property owners stipulated to the imposition of a civil penalty of Ten Thousand Dollars ($10,000.00), which shall be suspended and purged, contingent upon compliance with this Stipulation. If the property is used at any time prior to the sale of the property to a third party before the property is completely connected to County water and sewer, the above -referenced suspended penalty will be imposed on the Respondents, and an additional $100 will be charged for every day thereafter until the referenced connections are complete. The Respondents are providing the Petitioners with written updates by the 30th of every month detailing the Respondents' progress in selling the Subject Property. Such updates shall be provided to the Petitioners at the address provided below, at the fax number provided below or by electronic mail at Cheryl.Dunn@fihealth.gov. The agreement was approved by the Hearing Board, and the Order and Stipulation were filed and recorded on October 30, 2016. As required, the Respondent provides the Petitioners with written monthly updates and has maintained the property. 5. Case 531-15, Aayush Corporation (I)BA National Food Mart 913-1) located at 8195 20th Street, Vero Beach, Florida. Aayush Corporation purchased the property from Orange State Retail Properties, f/k/a National Oil and Gas Distributors, Inc, on March 30, 2015. Prior to the sale of the property at issue, on March 18, 2015, a sanitary nuisance was reported to the health department. The investigator identified a private lift station on the property which is designed to service the business and provide a sanitary connection to Indian River County Waste Water Utilities. The private lift station, however, failed and was not properly maintained for a significant period of time. The failed private lift station allowed raw or minimally treated sewage to be released into the ground surface which flowed across a side street into a storm water detention area on the property. The private lift station itself was completely packed with grease and solids with both pumps inoperative relying on manual operation. Moreover, there was extensive bleaching of the asphalt roadway that was caused by surface discharges. While the amount of time that this violation has existed is unclear, the condition of the private lift station indicates that it was malfunctioning for a significant period of time creating a threat to the public's safety and health. According to the new owner's legal representative, the accumulation of � 9 1 P a g e 232 grease was removed, both pumps were made operational, the electronical panel for automatic pumping was repaired. The property owner also agreed to hire a maintenance company for the private lift station. Case resolved and closed. 6. Case 533-15, Maggie Runyon Trailer Park clo Bill Runyon, 506 1St Street, Vero Beach, Florida. Mr. Bill Runyon entered an agreement requiring connection of Maggie Runyon Trailer Park to the County sewer within one year. Mr. Bill Runyon agreed to: (a) hire an engineer to draw plans to connect the trailer park to the County sewer system, (b) coordinate the location of all existing water lines prior to construction in order preserve the integrity of the lines (a.k.a. "sunshine one -call"), (c) Connect all plumbed structures on trailer park property to a centrally -located pump station/lift station that will convey the domestic sewage offsite and into the County's sewer system. The lift station on trailer park property will be privately owned and operated, (d) apply for and receive permits to include: Utility Construction Permit (UCP), Indian River County building permit (electrical, plumbing), Florida Dept. of Environmental Protection (FDEP), Indian River Farm Water Control District (IRFWCD), if necessary, and the Health Department permits to abandon the existing septic tanks after successful connection to the County Sewer system, and (e) properly abandon all of the existing septic systems on trailer park property. The Health Department, the Utilities Department and Mr. Bill Runyon agreed that this period will be considered final, and that any violation in the interim resulting in a sanitary nuisance will require Maggie Runyon Trailer Park to immediately connect to the County sanitary system. If a connection cannot be made at the time the sanitary nuisance occurs, the septic system and structure must be abandoned. Until the structure's tenant can be given proper notice, the septic tank shall be pumped -out as often as necessary to keep the property nuisance free and pump -out records shall be provided to the Health Department. The agreement also contained options for mobile homes with failing septic systems to either connect to County sewer, vacate the mobile home and abandon existing tanks with the failing septic tank or to pump the effluent from the failing septic system to the central system that previously served the public restrooms and laundry facilities. The Hearing Board approved the agreement on December 3, 2015 and Mr. Bill Runyon vacated a mobile home with a failing septic system to reduce sewage flows. Mr. Bill Runyon began working mapping waterline locations. When Mr. Runyon notified the Health Department that his property was for sale, Health Department staff met with Mr. Bill Runyon and his real estate agent Deryl Seemayer. As part of the sale of the property, the agreement was amended to allow the new potential owners enough time for the trailer park to connect to County sewer. Can August 4, 2016, the Hearing Board approved the amended agreement giving the buyer, Joseph P. Schlitt until March 30, 2017 to complete the connection to County sewer. 7. Case 534-15, Florida Convalescent Centers, Inc and Cross Street Corporate Services, L.L.C. aka Palm Garden Health of Vero Beach Health and Rehabilitation Center, 1755 37th Street, Vero Beach, Florida. Palm Garden is licensed and regulated through Agency for Health Care Administration (ANCA). October 21, 2015, the Health Department cited Palm Garden for creating a sanitary nuisance injurious to health in violation of Florida laws and the rules controlling communicable disease. The Health Department received notification of a gastrointestinal outbreak at the facility on October 5, 2015 and that it began on October 2, 2015. Health Department staff provided verbal and email guidance for control of norovirus outbreaks in long term care facilities to the Director of Nursing 101Page 233 who indicated that the facility had implemented their procedure of control measures. On October 6, 2015, Health Department staff, delivered a sample container to the facility and conducted an inspection finding control measures were not being implemented. A symptomatic resident passed away on the evening of October 6, 2015. The Health Department notified AHCA, and Health Department staff visited the facility again on October 7, 2015 providing them with a hard copy of the guidance documentation. On October 8, 2015, another symptomatic resident passed away initiating another visit from the Health Department. On this site visit, the facility Administrator was told because of ongoing transmission in multiple affected units, new admissions to the facility should be suspended until at least 72 hours after the onset of the last case in residents or staff which is approximately two incubation periods. On October 12, 2015, it was found that 12 residents had been admitted between October 12, 2015 and October 15, 2015, during the outbreak when advised to cease admissions. On October 16, 2015, a joint inspection was conducted by the Health Department and AHCA. The facility failed the inspection and did not fully implement control measures related to resident care and sanitation. On October 27, 2015, Palm Garden, Executive Director, Erelyn Hicks, provided a response to the Health Department. On November 30, 2015, Palm Garden provided a modified outbreak control plan for the Health Department to review. Palm Garden agreed to comply with the reporting requirements for outbreaks and communicable disease. Palm Garden also agreed to implement the modified outbreak control plan approved by the Health Department. Palm Garden agreed to pay a civil penalty of $2,500 and a suspended civil penalty of $7,500 should they fail to comply with the reporting and control measures in the future. Health Department staff are confident that the facility is taking the matter very seriously and that there is now a spirit of cooperation. Chairman Cahoy was bothered with the proposed in the stipulation. Lengthy discussion followed regarding the merits of a stipulation rather than a hearing since there were deaths involved. Also discussed was the possibility of the fines being too light and perhaps setting the wrong precedent. The Hearing Board Officer and the Hearing Board Attorney reminded the Hearing Board that they were not required to accept the agreement and that the agreement required their approval to proceed. The Hearing Board approved the agreement 5 to 0. 8. Case 535-15, 44 Southern Ranch, Inc., 801 41h Street, Vero Beach, Florida. The registered agent, Michael J. Jaholkowski, for 4-J Southern Ranch, Inc. did not appear at the Hearing Board meeting on December 3, 2015. The property owned by 4-J Southern Ranch, Inc. had numerous piles of comingled solid waste, tires and debris partially buried or completely buried along the southern side of the property. The property was not permitted to be a solid waste disposal facility. The comingled solid waste piles and tires are breeding areas for rodents and arthropods. Florida law does not a person to create a sanitary nuisance that is injurous to the public's health by storing, processing, or disposing of solid waste or waste tires except at a permitted solid waste management facility. On September 4, 2015, 4-J Southern Ranch, Inc. was given 30 days to clean up the property and 35 days to provide documentation to the Health Department. As of the hearing board meeting date, 4-J Southern Ranch, Inc. had not complied with the legal notices. The Hearing Board ordered 4-J Southern Ranch, Inc. to clean up the property and provide disposal documentation to the Health Department within 90 days. 4-J Southern Ranch, Inc. was also ordered to allow the Health Department access to the property to reinspect to verify compliance. 11 IPagc 234 9. Case 536-15, Sutherlin Nissan of Vero Beach, Inc., 946 South US Highway 1, Vero Beach, Florida. Sutherlin Nissan of Vero Beach, Inc. failed to obtain an annual operating permit from the Health Department for its onsite sewage disposal treatment and disposal system. Florida law requires that all buildings located in an area zoned or used for industrial or manufacturing purposes, or its equivalent, obtain an annual operating permit from the Health Department. Sutherlin Nissan of Vero Beach, Inc was also encouraged to connect County sewer as soon as possible, because the Health Department can no longer issue repair permits for septic repairs when there is sewer available. Mr. Dan Christy, Service Director of Sutherlin Nissan, described how he came to discover the periodic leak in the septic system and that Reliable Septic made the needed repairs after first acquiring the required permit. Ms. Jonny Walsh, Controller at Sutherlin Nissan, testified that in the confusion of opening the new business, the notice to obtain the operating permit was lost on her desk. Health Department staff testified that Sutherlin Nissan of Vero Beach, Inc. complied and Ms. Walsh paid the $25 late fee. The Hearing Board recommended sewer connection, and the Health Department later issued a separate notice to connect to sewer. 10. Case 538-15, Palm Island Plantation, LLC., 7900 N. A1A Highway, Vero Beach, Florida. Palm Island Plantation, LLC, was represented at the hearing board meeting on December 3, 2015, by attorney Jason Odom ("Attorney Odom") with the Gould Cooksey Fennell law firm. Palm Island Plantation, LLC, owns a public pool -spa that was repeatedly in violation of the rules and laws of the state of State of Florida. On April 20, 2015, December 16, 2014, April 10, 2014, December 10, 2013, April 16, 2013, and March 28, 2012, Health Department staff documented pH of the pool -spa above the acceptable range of 7.2 to 7.8 requiring closure. Each time the pool -spa was closed, the chemicals were adjusted, reinspected by Health Department staff and reopened. Health Department staff, Lauren Broom, testified during the hearing board meeting that the pool -spa was being disinfected using chlorine and that chlorine was ineffective when the pH was above 7.8. Attorney Odom testified that Palm Island Plantation installed a new ORP (Oxidation -Reduction Potential) controller. An ORP measures water chemistry and controls the feeding of chemicals to maintain the pool -spa in a sanitary manner. Palm Island Plantation, LLC, was ordered to pay a civil penalty of $300 and to submit monthly daily chemical maintenance logs to the Health Department. Palm Island Plantation, LLC, was also ordered to voluntary close the pool -spa when the pH was not within the required range. 11. Case 538-15, Victor Hart, 3870 19`h Avenue, Vero Beach, Florida. The Hearing Board office worked with Victor Hart and his family to abate the sanitary nuisance posed by the dilapidated structure that was the Masonic Lodge. The unsafe and unsecured structure posed a sanitary nuisance to the community in that its condition provided harborage for vermin. The unsecured structure also posed a health and safety threat to the community. According to Code Enforcement, the property had been in that condition since June 27, 2014. The structure was eventually demolished. 12. L.P. Rina Properties, LLC., 8104 - 8130 US Highway 1, Vero Beach FL. On June 24, 2015, Environmental Health staff submitted comments to Community Development regarding an Administrative Site Plan Review for the property. When 121Page 235 Health Department staff inspected the site, it was difficult to determine the property lines based on Property Appraiser's and Clerk of the Court's records, and it appeared that a portion of the onsite sewage disposal system serving the property was located on the adjacent property to the east. The estimated flow rate for the proposed residential units on the second floor was at least 1200 gallons per day and did not include the existing grocery store with a takeout food service establishment and the United States Post Office. An Environmental Health staff review determined that the existing onsite sewage disposal system is not large enough to accommodate the proposed residential units on the second floor of the structure and that there was not enough unobstructed area to install an onsite sewage disposal system that meets code requirements. Environmental Health staff indicated that the proposed change of use would require connection to public sanitary sewer through the County which was later determined unavailable. When Environmental Health staff met with an engineer from Carter Associates on October 15, 2015, it was calculated that the estimated sewage flows from the entire establishment would exceed 4,000 gallons per day. The property was served by County water and was 0.88 acres, which allows for only 2,200 gallons per day of estimated sewage flow. Environmental Health staff have not been contacted by the owner or owner representatives since the October meeting. On January 14, 2016, Keith Grainger, the owner of parcel 31393300000100000011.0 east of the Subject Property came into the Environmental Health office to discuss the situation and to provide the department with a copy of a recent survey. Mr. Grainger is working with Environmental Health staff to clear debris from his property that had been illegally dumped over many years and is also preparing his property for future development. While clearing debris, Mr. Grainger hit the drainfield for the property with heavy equipment causing effluent to seep from the onsite sewage disposal system so he proceeded to backfill the area of the drainfield and has been in contact with the Subject Property owner. Mr. Grainger contacted Environmental Health staff, because he is anxious to complete his site work and has not been able to resolve the issue with property owner. Environmental Health staff conducted a site investigation on January 14, 2016, to locate the property's onsite sewage disposal system with the survey pins in place, and to confirm that there was no sewage effluent on the ground surface. Environmental Health staff found and verified that the Subject Property's grease trap is partially located on Mr. Grainger's property along with their entire septic tank and a majority of the drainfield according to the location of the recently placed survey pins. At some point, the onsite sewage disposal system serving the property appears to have been placed on the property now owned by Mr. Grainger. The department could not find any recorded utility easements on Mr. Grainger's property allowing for the property's onsite sewage disposal system. Over months and numerous meetings with the property owners, the property owner's legal counsel, engineers, Code Enforcement representatives, Utilities representatives and septic tank contractors, compliance was achieved. The property owner purchased additional property from Mr. Grainger for the installation of an onsite sewage disposal system sized to accommodate that entire structure rather than just the first floor. An onsite sewage disposal system was permitted, installed and inspected. A commercial operating permit for the onsite sewage disposal system was applied for and issued to L.P. Rina, Inc. and the Health Department is inspecting the system at least once a year since food service establishments are required to have operating permits. 13. David Ash and Ralph Santoro, 675 29' Avenue, Vero Beach, FL 32968. The Hearing Board Office worked with David Ash the current owner of the property to abate the sanitary nuisance. From 1990 to February of 2016, Ralph Santoro owned 131Page 236 the property. On February 2, 2016, David Ash purchased the property from Ralph Santoro. On February 24, 2016, and February 25, 2016, the Department conducted a site investigation of the property. During the referenced site investigations, the Health Department identified untreated septic spoil materials typically associated with drainfield repairs (drainfield rock, pipes, etc.). It is clear from the condition of the property and from historical aerial photographs that illegal dumping has been taking place on the property and that the dumping began at some point after 2005. There is surface water along two of the four sides of the property. Untreated septic spoil materials were discovered within 5 to 15 feet of the surface water in violation of Florida rules that require a setback of at least 200 feet from surface waters. The Hearing Board Office notified all Indian River County's licensed septic contractors that is was not permissible to use septic spoil materials as fill unless it was lime stabilized. The Hearing Board Office also met one on one with several licensed septic contractors allegedly using the property. The Florida Fish and Wildlife Conservation Commission enforcement staff also met with Office staff about this case. The current property owner, David Ash, agreed to restrict access to the property and set up a camera to monitor those trying to access the property. David Ash also agreed not to develop the property for at least one year to allow for stabilization of the septic spoil materials. 14. Other enforcement matters have been commenced which have not yet been brought before the Hearing Board. cc: Miranda Hawker, MPH, Administrator, DOH — Indian River County Michael Smykowski, Director, Budget and Management Mayur Rao, Business Manager, DOH — Indian River County Kate Pingolt Cotner, Assistant County Attorney 141Page 237