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05/22/2018 (2)
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MAY 22, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Bob Solari, Vice Chairman, District 5 Dylan Reingold, County Attorney Susan Adams, District I Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph E. Flescher, District 2 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Tracy Moore, Minister, Vero Beach Church of Christ 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Moms Demand Action for Gun Sense in America by Pat Simmons 6. APPROVAL OF MINUTES 6.A. Regular Meeting of April 17, 2018 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Florida Public Service Commission Order No. PSC -2018 -0247 -PAA -EI In re: Request for approval of change in rate used to capitalize allowance for funds used during construction (AFUDC) from 6.16% to 5.97%, effective January 1, 2018, by Florida Power & Light Company is on file for review in the office of the Clerk to the Board. May 22, 2018 Page I of 4 7.B. Indian River County Venue Event Calendar Review 8. CONSENT AGENDA 8.A. Checks and Electronic Payments May 4, 2018 to May 10, 2018 8.B. Indian River County Grant Contract Subrecipient Awards 8.C. Out of County Travel to attend the 2018 Florida Governor's Conference on Tourism 8.D. Work Order No. 1, MBV Engineering, Inc. Old Dixie Highway and Highland Drive (IRC -1362) 8.E. Rejection of Bids for Fire Station 8 Concrete Replacement (Bid 2018053) 8.F. Approval of the Special Olympics Florida Aquatic Championships Agreement for the Swimming Event to be held at North County Aquatic Center and for the Opening Ceremony to be held at the iG. Center 8.G. First Amendment to Custodial Services Between Indian River County and American Janitorial, Inc. 8.11. AT&T ABN Long -Distance Calling Agreement - Extension 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Request for Authorization to Submit Applications for Federal Transit Administration Grants for Capital and Operating Assistance for FY 2018 (Section 5307) and Bus Replacement for FYs 2016, 2017, and 2018 (Section 5339) (Administrative) 10.A.2 Code Enforcement Fine Ordinance (Legislative) B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Herb Whittall Regarding Spoonbill Marsh and Lagoon C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Scheduled Public Hearing for June 5, 2018: County Initiated Request to: Amend the text of the Sanitary Sewer Sub -Element for septic to sewer conversion and the associated text of the Future Land Use Element (Legislative); and Amend the text of the Coastal Management Element for sea level rise and associated text of the Future Land Use Element of the County's Comprehensive Plan. (Legislative) 11. COUNTY ADMINISTRATOR MATTERS ILA. Mainland Boat Launch Joint Venture May 22, 2018 Page 2 of 4 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services 12.B.1. Emergency Operations Center (EOC) Audio/Visual System Upgrade C. General Services 12.C.1 Assignment and License Agreement for Operation of Middleton's Fish Camp 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Customary Use 13.11. County Attorney's Annual Employment Agreement 13.C. City of Vero Beach Electric Utility Sale Letter of Support 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Bob Solari, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.11.1. Approval of Minutes Meeting of April 17, 2018 15.13.2. Final Pay for Tenth Amendment to Republic Services for Hurricane Irma Services May 22, 2018 Page 3 of 4 15.B.3. Request to Approve the Redevelopment Plan for the Former South Gifford Road Landfill Site C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until5:00p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. May 22, 2018 Page 4 of 4 5. T 1 - About Moms Demand Action For Gun Sense In America ABOUT US Much like Mothers Against Drunk Driving was created to reduce drunk driving, Moms Demand Action for Gun Sense in America was created to demand action from legislators, state and federal; companies; and educational institutions to establish common-sense gun reforms. Moms Demand Action was founded by stay-at-home mom Shannon Watts on December 15, 2012, in response to the devastating shooting at Sandy Hook Elementary School. The organization quickly flourished into a leading force for gun violence prevention, with chapters in all 50 states and a powerful grassroots network of moms that has successfully effected change at the local, state and national level. In December 2013, Moms Demand Action partnered with Mayors Against Illegal Guns to unite a nationwide movement of millions of Americans working together to change the game and end the epidemic of gun violence that affects every community. WHAT WE STAND FOR Moms Demand Action supports the 2nd Amendment, but we believe common-sense solutions can help decrease the escalating epidemic of gun violence that kills too many of our children and loved ones every day. Whether the gun violence happens in urban Chicago, suburban Virginia, or rural Texas, we must act now on new and stronger gun laws and policies to protect our children. Moms Demand Action envisions a country where all children and families are safe from gun violence. Our nonpartisan grassroots movement has grown to include a chapter in every state across the country. We are educating, motivating, and mobilizing supporters to take action that will result in stronger laws and policies to save lives. We are facing a public health crisis: seven American children or teens are shot and killed every day. For too long, the gun lobby has dominated the conversation about gun violence. American families are being destroyed and we have had enough; we will no longer stand by and let elected officials, corporate leaders and other influential voices turn their back on sensible gun laws and policies. We are organizing to apply pressure that will result in stronger, sensible gun laws and policies that will protect our children and families. The momentum is with us, and we are winning. https://momsdemandaction.org 1 Will you be one of the thousands of Americans joining together to recognize National Gun Violence Awareness Day this June? ©range has long been the color of gun violence prevention and on June 2nd, residents, survivors, business owners, students, elected leaders, teachers, community leaders, parents and kids in (Community/City) will join together to ##WearOrange and shove indisputably that there is a movement of Americans committed to stop gun violence. WHAT FOR MORE INFORMATION A community gathering to honor RSVP bit.ly link here victims and survivors of gun violence, TEXT ORANGE to 644-33 and to work to end gun violence. EMAIL state@momschapterfeaders.org WHEN SPECIAL PROMOTION HERE! June 2 2018 (example: Stop by our store on 10:00 AM June 2 for free sprinkles on any ice. cream order.) WHERE Courthouse Square 123 dame of Street City, STATE 00000 WWW:WEARORANGE qRG 2 WEAR ORANGE National Gun Violence Awareness Day Why Do We Wear Orange? Orange is the color that Hadiya Pendleton's friends wore in her honor when she was shot and killed in Chicago at the age of 15 —just one week after performing at President Obama's 2nd inaugural parade in 2013. After her death, her friends asked us to stand up, speak out, and Wear Orange to raise awareness about gun violence. 6/7/2018 ' 1 e We wear orange for Hadiya and to honor the more than 90 lives cut short and the hundreds more injured by gun violence every day — and to demand action. Orange is what hunters wear in the woods to protect themselves and others from harm. Orange is a bright, bold color that demands to be seen. Orange expresses our collective hope as a nation — a hope for a future free from gun violence. We are not headlines or statistics. We are mothers, sisters, fathers, brothers, and friends. We are teachers, dancers, athletes and activists. We are here and we are united. We demand to be seen and we demand to see change. 6/7/2018 �- - 2 Together, with thousands of Americans, we turned America orange. But the work doesn't end there. Everytown and our partner organizations continue to do life-saving work so that we can get closer to realizing a future free of gun violence. We wore orange to be seen, now demand that we will be heard. 6/7/2018 Z-3 6/7/2018 Z-4 Rabies Alert Indian River County Miranda Hawker, MPH, Health Officer Cheryl Dunn, R.S., Environmental Manager, Indian River County Environmental Control Officer Florida Department of Health in Indian River County Rabies Alert issued May 15th • Remains in effect for 60 days • South of State Route 60 also known as 20th Street • North of Oslo Road also known as 9th Street SW • East of 66th Avenue • West of US Highway 1 • Established in response to a stray cat testing positive for rabies May 15th • Tri -color brown domestic shorthaired cat • Attacked a person working in their yard • Open feeding site across the street HEALTH 6/7/2018 ,1-5' What is Rabies? • A deadly viral disease that can be prevented NOT cured • Attacks nerves and brain tissue of warm-blooded animals including people • Virus is shed through saliva and passed to another animal or person, usually through a bite • Can also occur if saliva or nervous tissue enters open wounds, the mouth, or eyes • Animals with rabies have strange behavior—can be aggressive and attack for no reason • Some can act very tame (especially wild animals) • May not be able to eat, drink, or swallow • May drool because they can't swallow • May stagger or become paralyzed • Eventually the animal will die? • Only treatment is rabies specific immune globulin and rabies immunization • Treatment must be started soon after exposure What do I do if an animal bites me? • Immediately thoroughly wash wound with soap and running water for 5 to 10 minutes • Try to get a complete description of the animal and where it is so it can be picked up by Animal Control for confinement or rabies testing • Go to your family doctor or the emergency room • Call Animal Control immediately with the description and location of the animal • If you kill the animal, be careful not to damage the head and avoid further contact even when it is dead Indian River County Animal Control -772-226-3486 City of Vero Beach Police Department -772-978-4600 6/7/2018 Z-0 What can I do to protect myself, my family, and pets? • Vaccinate all of your dogs, cats, and ferrets (and horses) against rabies and follow your vet's instructions for revaccination • Avoid contact with wild or stray animals, including free roaming cats • Never feed wild or stray animals—DO NOT attract them with outdoor food sources. Feed pets indoors. • Do not allow pets to run free. Follow leash laws by keeping pets and livestock secured. • If your animal is attacked by a wild, stray, or unvaccinated animal, DO NOT examine your pet for injuries without gloves. Wash your pet with soap and water to remove saliva from the attacking animal. Do not let your animal come in contact with other animals or people until animal control or the health department have intervened Free -Roaming Cats Public Health Issues — Rabies • Raccoons primary reservoir in eastern US • Likely to commingle with raccoons • Cats: #1 rabid domestic animal • Rabid cats likely to be aggressive • Inability to confine / observe • More likely to require rabies treatment 6/7/2018 Open Feeding Creates a Sanitary Nuisance Feeding stations — wildlife comingling and competing for food • Zoonotic disease issues • Wildlife disease issues • Wildlife predation • Spread of disease within the colony 6/7/2018 What you need to do NOW • If you have been bitten or scratched by a cat meeting this description in the alert area in the past two weeks, IMMEDIATELY call the health department at 772-794-7440. • If your animals have not been vaccinated or are not current on vaccinations, get them vaccinated for rabies • The Humane Society is working on scheduling a low cost rabies vaccination clinics and will announce these soon Legal Authorities Florida Department of Health Statute • Chapter 381.0011(2), F.S. — Control of communicable diseases, illness and hazards to health among humans and from animals to humans, and the general health... • Chapter 386.01-386.051, F.S. —Authority to require sanitary nuisance removal or abatement. Administrative Code • Chapter 64D-3.04, F.A.C. — Rabies control in domestic and wild animals according to Rabies Prevention and Control in Florida, and the recommendations of the Florida Rabies Advisory Committee. 6/7/2018 Z-1 f FILED 5/11/2018- -- IDOCUMENT NO. 03645-2018 PSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION h I 12, awo In re: Request for approval of change in rate DOCKET NO. 20180038 -EI used to capitalize allowance for funds used ORDER NO. PSC -2018 -0247 -PAA -EI during construction (AFUDC) from 6.16% to ISSUED: May 11, 2018 5.97%, effective January 1, 2018, by Florida Power & Light Company. The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ANDREW GILES FAY NOTICE OF PROPOSED AGENCY ACTION ORDER APPROVING DECREASE IN AFUDC RATE BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service Commission that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029, Florida Administrative Code (F.A.C.). Background Florida Power & Light Company's (FPL or the Company) current Allowance for Funds Used During Construction (AFUDC) rate of 6.16 percent was approved on April 13, 2017, by Order No. PSC-2017-0135-PAA-EI.1 On February 16, 2018, FPL filed a request to decrease its AFUDC rate from 6.16 percent to 5.97 percent, effective January 1, 2018. This Commission has jurisdiction over this matter pursuant to Chapter 366, Florida Statutes (F.S.), including Section 366.04, 366.05, and 366.06, F.S. 'Order No. PSC -2017 -0135 -PAA -EI, issued April 13, 2017, in Docket No. 20170037 -EI, In re: Request for approval of chanee in allowance for funds used during construction (AFUDC), effective January 1, 2017, by Florida Power & LiAt Company, consummated by Order No. PSC -2017 -0017 -CO -EI, issued May 16, 2017. ORDER NO. PSC -2018 -0247 -PAA -EI DOCKET NO. 20180038 -El PAGE 2 Decision, FPL requested a decrease in its AFUDC rate from 6.16 percent to 5.97 percent. Rule 25- 6.0141(2), F.A.C., Allowance for Funds Used During Construction, provides the following guidance: (2) The applicable AFUDC rate shall be determined as follows: (a) The most recent 13 -month average embedded cost of capital, except as noted below, shall be derived using all sources of capital and adjusted using adjustments consistent with those used by the Commission in the utility's last rate case. (b) The cost rates for the components in the capital structure shall be the midpoint of the last allowed return on common equity, the most recent 13 -month average cost of short term debt and customer deposits and a zero cost rate for deferred taxes and all investment tax credits. The cost of long term debt and preferred stock shall be based on end of period cost. The annual percentage rate shall be calculated to two decimal places. In support of its requested AFUDC rate of 5.97 percent, FPL provided its calculations and capital structure as Schedules A and B attached to its request. We have reviewed the schedules and determined that the proposed rate was calculatedin accordance with Rule 25- 6.0141(2), F.A.C. The requested decrease in the AFUDC rate is due principally to a slight decrease in the cost rates of long term debt and a slightly lower ratio of common equity in the capital structure. The cost of equity is 10.55 percent, which was approved by this Commission by Order No. PSC-2016-0560-AS-El.2 Based on our review, we fmd that the requested decrease in the AFUDC rate from 6.16 percent to 5.97 percent is appropriate, consistent with Rule 25-6.0141, F.A.C., and we therefore approve FPL's request. FPL requested a monthly compounding rate of 0.484385 percent to achieve an annual AFUDC rate of 5.97 percent. In support of the requested monthly compounding rate of 0.484385 percent, FPL provided its calculation as Schedule C attached to its request. Rule 25-6.0141(3), F.A.C., provides a formula for discounting the annual AFUDC rate to reflect monthly compounding. The rule also requires that the monthly compounding rate be calculated to six decimal places. We reviewed the Company's calculations and have determined that they comply with the requirements of Rule 25-6.0141(3), F.A.C. Therefore, we approve a discounted monthly AFUDC rate of 0.484385 percent. 2Order No. PSC -2016 -0560 -AS -EI, issued December 15, 2016, in Docket No. 20160021 -EI, In re: Petition for rate increase by Florida Power & Light Company. 2 -tl ORDER NO. PSC -2018 -0247 -PAA -EI DOCKET NO. 20180038 -El PAGE 3 FPL's proposed AFUDC rate was calculated using a 13 -month average capital structure for the period ended December 31, 2017. Rule 25-6.0141(5), F.A.C., provides that: The new AFUDC rate shall be effective the.month following the end of the 12 - month period used to establish that rate and may not be retroactively applied to a previous fiscal year unless authorized by the Commission. The Company's requested effective date of January 1, 2018, complies with the requirement that the effective date not precede the period used to calculate the rate, and it is therefore approved. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the appropriate AFUDC rate for Florida Power & Light Company is 5.97 percent based on a 13 -month average capital structure for the period ended December 31, 2017. It is further ORDERED that the appropriate monthly compounding rate to maintain an annual rate of 5.97 percent is 0.484385 percent. It is further ORDERED that the revised AFUDC rate shall be effective as of January 1, 2018, for all purposes. It is further ORDERED that the provisions of this. Order, issued as proposed agency action, shall become final and effective upon the issuance of a Consummating Order unless an appropriate petition, in the form provided by Rule 28-106.201, Florida Administrative Code, is received by the Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on the date set forth in the "Notice of Further Proceedings" attached hereto. It is further ORDERED that if no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the order, this docket shall be closed upon the issuance of a consummating order. ORDER NO. PSC -2018 -0247 -PAA -El DOCKET NO. 20180038 -El PAGE 4 JSC By ORDER of the Florida Public Service Commission this 11 th day of May, 2018. CARLOTTA S. STAUFFE t Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120:569(1), Florida Statutes, to notify parties of any administrative hearing that is available under Section 120.57, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petition for a formal proceeding, 'in the form provided by .Rule 28-106.201, Florida Administrative Code. This petition 'must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on June 1, 2018. 1n the absence of such a petition, this order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this/these docket(s) before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. 1-15 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar 6th Annual Mommy Son Dance June 2 @ iG Center: • 6-8:30pm: Moms have an evening of Masquerade Madness with their sons, ages 3-11. South County Community Meeting June 4 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Legacy Fight June 8-9 @ IRC Fairgrounds: 7pm -Midnight IRC Recycling Event June 9 @ iG Center: • 9am-12noon Rampage Volleyball Camp June 11-.15 @ iG Center: • 1-4pm for 3rd -9th graders, $125 per camper www.ircrecycles.com Community Office Hours Event June 21 @ North IRC Library: • l0am- One on one with Commissioner Susan Adams South County Community Meeting July 2 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Private Event July 7 @ Fairgrounds: • 2:30 - Midnight 3 Private Event July 14 @ Fairgrounds: • 4 - 11:30pm Community Office Hours Event July 19 @ North IRC Library: • l Oam- One on one with Commissioner Susan Adams Gifford Aquatic CLOSED for Pivate Party July 21 @ Gifford Aquatic Center: • 9am-lpm Vero Beach Gun Show www.patriotshows.com July 21-22 @ IRC Fairgrounds: • Saturday 9am-5pm Sunday 9am-4pm 4 r JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: May 10, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 4, 2018 to May 10, 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 May 4, 2018 to May 10, 2018. E CHECKS WRITTEN TRANS NBR :DATE VENDOR AMOUNT 366906 05/10/201.8 UTIL REFUNDS 69.96 366907 05/10/2018 UTILREFUNDS 79.11 366908 05/10/2018 UTILREFUNDS 4027 366909 05/10/2018 UTILREFUNDS :1.64 366910 05/10/201.8 UTIL REFUNDS 44.38 366911 05/10/2018 UTIL REFUNDS 55.39 366912 05/10/2018 UTILREFUNDS 65.79 366913 .05/10/2018 UTILREFUNDS 85.58 366914 05/10/2018 UTILREFUNDS 62.15 366915 05/1.0/2018 UTILREFUNDS 44.40 366916 05/10/201.8 UTILREFUNDS 14.00 366917 05/10/201.8 UTILREFUNDS 13.23 366918 05/10/2018 UTILREFUNDS 87.00 366919 05/10/201.8 UTILREFUNDS 19.27 366920 05110/201.8 UTILREFUNDS 100.,00 366921 05/10/2018 UTILREFUNDS 4.32 366922 05/10/2018 UTIL REFUNDS 37.52 366923 05/10/2018 UTILREFUNDS 83.05 366924 05/10/2018 UTIL REFUNDS 36.43 366925 05/10/2018 UTILREFUNDS 26.99 366926 05/10/2018 UTILREFUNDS 71.14 366927 05/10/2018 UTILREFUNDS 75.49 366928 05110/2018 UTIL REFUNDS 152.33 366929 05/10/2018 UTILREFUNDS 86.77 366930 05/10/2018 UTILREFUN13S 72.96 366931 05/10/2018 UTILREFUNDS 100.00 366932 05/10/2018 UTILREFUNDS 16.72 366933 05/10/2018 UTILREFUNDS 18.48 366934 05/10/2018 UTILREFUNDS 29.26 366935 05/10/2018 UTIL REFUNDS 20.86 366936 05/10/2018 UTIL REFUNDS 54.12 366937 05/10/20.18 UT.I.L REFUNDS 23:48 366938 05/10/2018 UTIL REFUNDS 11.2.05 366939 05/10/2018 U'TIT, REFUNDS 12.80 366940 05/10/2018 UTILREFUNDS 30.20 366941 05/10/2018 UTILREFUNDS 43.15 366942 05/10/2018 UTIL REFUNDS 85.42 366943 05/10/2018 UTIL REFUNDS 77.69 366944 05/10/2018 PORT CONSOLIDATED INC 61,688.1.1 366945 05/10/2018 JORDAN MOWER INC 3,651.68 366946 05/10/2018 COMMUNICATIONS INTERNACIONAL 23.264.62 366947 05/10/2018 TEN -8 FIRE EQUIPMENT INC 11784.23 366948 05/10/2018 RANGER CONSTRUCTION IND INC 424.58 366949 05/10/2018 FISHER SCIE=NTIFIC COMPANY LLC 120.75 366950 05/10/2018 VERO C14EMICALDISTRIBUTORS INC 1,000.62 366951 05/10/2018 RICOH USA INC 15.74 366952 05/10/2018 CHISHOLM CORP OF VERO 3.013.95 366953 05110/2018 HENRY SCHEIN INC 2.827.80 366954 05/10/2018 VELDE FORD INC 50.64 366955 05/10/2018 SAFETY PRODUCTS INC 594.94 366956 05/1012018 THOMAS P WHITE 22.00 366957 05/10/20.18 E-7 BREW COFFEE & BOTTLE WATER SVC 52.95 366958 05/1.0/2018 SAFETYK.L-EEN SYSTEMS INC 335.39 366959 05/10/2018 AM:ERIGAS EAGLE PROPANE LP 1.542.69 366960 05/10/2018 LFI FORT FIERCE INC 1,758.92 366961 05/10/2018 MASTELLER MOLER & TAYLOR INC 4.950.00 366962 05/1012018 NATIONAL FIRE PROTECTION ASSOC 175.00 366963 05/10/2018 TIRESOLES OF BROWARD INC 384.00 r TRANS NBR DATE VENDOR AMOUNT 366964 05/10/2018 PETERSEN INDUSTRIES INC 9,649.76 366965 05/10/2018 THE GOODYEAR TIRE & RUBBER COMPANY 50.00 366966 05/10/201.8 THE GOODYEAR TIRE & RUBBER COMPANY 100.00 366967 05/10/2018 BLAKESLEE SERVICES INC 65.00 366968 05/10/2018 BAKER & TAYLOR INC 1,513.56 366969 05/10/2018 MIDWEST TAPE LLC 342.45 366970 05/10/2018 MWI CORP 1.166.57 366971 05/10/2018 ATKINS NORTH AMERICA INC 10,588.50 366972 05/10/2018 CENGAGE LEARNING INC 753.74 366973 05/10/2018 PALM TRUCK CENTERS INC 2.358.28 366974 05/10/2018 GO COASTAL INC 320.46 366975 05/10/2018 FLORIDA ASSOCIATION OF COUNTIES INC 125.00 366976 05/10/2018 COMMUNITY ASPHALT CORP 162,920.49 366977 05/10/201.8 SUNSHINE REHABILATION CENTER OF IRC INC 3,350.00 366978 05/10/2018 INDIAN RIVER COUNTY HEALTH DEPT 1,028.08 366979 05/10/2018 CITY OF VERO BEACH 21,250.10 366980 05/10/2018 FERGUSON ENTERPRISES INC 81436.84 366981 05/10/2018 UNITED STATES POSTAL SERVICE 20,000.00 366982 05/10/2018 FLORIDA DEPT OF TRANSPORTATION 2,913,917.50 366983 05/10/2018 PUBLIX SUPERMARKETS 17.95 366984 05/10/2018 ARTHUR J GALLAGHER RISK MGMT SERV INC 1,818,519.00 366985 05/10/2018 WAL MART STORES EAST LP 142.75 366986 05/10/2018 MARRIOTT FT LAUDERDALE NORTH 423.00 366987 05/10/2018 ACUSHNET COMPANY 1,440.33 366988 05/10/2018 WEST PUBLISHING CORPORATION 156.00 366989 05/1.0/2018 FEDERAL EXPRESS CORP 25.92 366990 05/10/2018 FEDERAL EXPRESS CORP 108.18 366991 05/10/2018 MORGAN & EKLUND INC 5,500.00 366992 05/10/2018 VERO HERITAGE INC 2;519.93 366993 05/10/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 1,168.00 366994 05/10/2018 FLORIDA POWER AND LIGHT 17,007.49 366995 05/10/2018 FLORIDA POWER AND LIGHT 1,736.32 366996 05/10/2018 FLORIDA POWER AND LIGHT 2,417.26 366997 05/10/2018 TAYLOR MADE GOLF CO INC 493.15 366998 05/10/2018 CITY OF FELLSMERE 134.55 366999 05/10/2018 PEACE RIVER ELECTRIC COOP INC 307.61 367000 05/10/2018 WASTE MANAGEMENT INC 188,574.05 367001 05/10/2018 SEBASTIAN RIVER HIGH SCHOOL 500.00 367002 05/10/2018 TOCOMA RUBBER STAMP & MARKING SYSTEM 22.54 367003 05/10/2018 TREASURE COAST SPORTS COMMISSION INC 9,858.84 367004 05/10/2018 UNIVERSITY OF CENTRAL FLORIDA 395.00 367005 05/10/2018 BELANAGY 50.73 367006 05/10/2018 FLORIDA ENVIRONMENTAL NETWORK 590.00 367007 05/10/2018 CARTER & VERPLANK INC 37,454.00 367008 05/10/2018 GREY HOUSE PUBLISHING 233.05 367009 05/10/2018 INDIAN RIVER COUNTY HISTORICAL 2,090.32 367010 05/10/2018 WESTSI.DE REPROGRAPHICS OF VERO BEACH INC 163.25 367011 05/10/2018 BANK OF NEW YORK 1,862.50 367012 05/10/2018 FORT PIERCE HOUSING AUTHORITY 156.00 367013 05/10/2018 BRIDGESTONE AMERICAS INC 2,433.96 367014 05/1.0/2018 ST LUCIE COUNTY BOCC 6,192.60 367015 05/10/2018 ARCADIS U S INC 53,866.56 367016 05/10/2018 W S DARLEY & COMPANY 3,748.85 367017 05/10/2018 RUSSELL PAYNE INC 513.24 367018 05/10/2018 CELICO PARTNERSHIP 3,373.81 367019 05/10/2018 CINTAS CORPORATION NO 2 62.86 367020 05/10/2018 U S BANK NATIONAL ASSOCIATION 1.889.38 367021 05/10/2018 CONTROL SYSTEMS DESIGN INC 5,940.00 367022 05/10/2018 VAN WAL INC 295.00 367023 05/10/2018 SYNAGRO-WWT INC 76,687.62 7 2 TRANS NBR DATE VENDOR AI%IOUNT 367024 05/10/2018 RECYCLE FLORIDA TODAY INC 425.00 367025 05/10/2018 NATIONAL NOTARY ASSOCLATION 130.00 367026 05/10/2018 NATIONAL NOTARY ASSOCIATION 130.00 367027 05/10/2018 THE SHERWIN WILLIAMS CO 268.04 367028 05/10/2018 MBV ENGINEERING INC 3,225.00 367029 05/10/2018 STAPLES CONTRACT & COMMERCIAL INC 473.56 367030 05/10/2018 GLOVER OIL COMPANY INC 50,657.45 367031 05/10/2018 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 8,186.84 367032 05/10/2018 DAVID SMITH 9.00 367033 05/10/2018 ORCHID ISLAND PROPERTY MGMT I1 INC 600.00 367034 05/10/2018 SUNCOAST REALTY & RENTAL MGMT LLC 500.00 367035 05/.10/2018 MICHAEL W EIRLS 1,300.00 367036 05/10/2018 PETER OBRYAN 15.53 367037 05/10/2018 PAK MAIL 175.39 367038 05/10/2018 MOSLEY & SON CONSTRUCTION, INC. 4,879.15 367039 05/10/2018 MOO.RE MEDICAL LLC 4,896.33 367040 05/10/2018 THOR GUARD INC 915.33 367041 05/10/2018 CEMEX 1,082.31 367042 05/10/2018 PHYLLIS HARRIS 53.40 367043 05/10/2018 MAMIE EDMOND 500.00 367044 05/10/2018 MARINCO BIOASSAY LABORATORY INC 1,040.00 367045 05/10/2018 K'S COMMERCIAL CLEANING 16,309.08 367046 05/10/2018 YOUTH GUIDANCE DONATION FUND 2,083.33 367047 05/10/2018 FEED THE LAMBS ENRICHMENT PROGRAM INC 2,500.00 367048 05/10/2018 HERITAGE CRYSTAL CLEAN INC 156.90 367049 05/10/2018 KEMPE.R BUSINESS SYSTEMS 3025 367050 05/10/2018 TORRES ELECTRICAL SUPPLY COMPANY INC 4,460.00 367051 05/10/2018 COMMUNICATIONS LABORATORIES INC 933.00 367052 05/10/2018 OVERDRIVE- INC 786.44 367053 05/10/2018 MARIA RESTO 297.70 367054 05/10/2018 BERMUDA SANDS APPAREL LLC 854.25 367055 05/10/2018 ORLANDO FREIGHTLINER INC 1,090.05 367056 05/10/2018 CLEAR VILLAGE INC 175.00 367057 05/10/2018 CLEAR VILLAGE INC 32,062.00 367058 05/10/2018 REHMANN GROUP LLC 17,985.00 367059 05/10/2018 LOWES HOME CENTERS INC 1,851.73 367060 05/10/2018 RAFTELIS FINANCIAL CONSULTANTS INC 5,729.25 367061 05/10/2018 RAFTELIS FINANCIAL CONSULTANTS INC 7,512.75 367062 05/10/2018 CARDINAL HEALTH 110 INC 3,848.35 367063 05/10/2018 TRV ADVERTISTING & MARKETING INC 110.85 367064 05/10/2018 TREASURE COAST TURF INC 300.00 367065 05/10/2018 PENGUIN RANDOM HOUSE LLC 583.65 367066 05/10/2018 SOUTHERN MANAGEMENT LLC 4,379.00 367067 05/10/2018 DYLAN REINGOLD 161.89 367068 05/10/2018 KATE P COTNER 271.64 367069 05/10/2018 REI ENGINEERS INC 3,030.00 367070 05/10/2018 THE LAW OFFICES OF 641.00 367071 05/10/2018 BERNARD EGAN & COMPANY 13,996.39 367072 05/10/2018 INTEGRITY LAWNS LLC 1,750.00 367073 05/10/2018 MICHAEL EDWARD HAMILTON 300.00 367074 05/10/2018 JULIANA E YOUNG 3,517.50 367075 05/10/2018 SYLIVIA MILLER 79.00 367076 05/10/2018 THE TRANSIT GROUP INC 2,911.30 367077 05/10/2018 ANFIELD CONSULTING GROUP INC 10,000.00 367078 05/10/2018 COSTELLO BROTHERS MARINE CONSTRUCTION INC 21,878.50 367079 05/10/2018 TRITON SUBMARINES LLC 4,666.66 367080 05/10/2018 A+ PLUMBING SERVICES INC 79.00 367081 05/10/2018 UNIFIRST CORPORATION 750.85 367082 05/10/2018 VCA ANIMAL HOSPITALS INC 281.05 367083 05/10/2018 SITEONE LANDSCAPE SUPPLY LLC 297.50 TRANS NBR DATE VENDOR AMOUNT 367084 05/10/2018 BARSALOU VENTURES LLC 3,659.00 367085 05/10/2018 ADVANCE STORES COMPANY INCORPORATED 36.31 367086 05/10/2018 EGP DOCUMENT SOLUTIONS LLC 159.40 367087 05/10/2018 NORTH AMERICAN OFFICE SOLUTIONS INC 25.00 367088 05/10/2018 EZLINKS GOLF LLC 300.00 367089 05/10/2018 BLACK CLOVER ENTERPRISES LLC 899.87 367090 05/10/2018 EURMAX CANOPY INC 1,309.00 367091 05/10/2018 DEBBIE CARSON 125.00 367092 05/10/2018 MATHESON TRI -GAS INC 1,920.75 367093 05/1.0/2.018 PEOPLE READY INC 3,736.16 367094 05/10/2018 MATTHEW NEAL VAN ERT 56,070.00 367095 05/10/2018 CANARX GROUP INC 7,425.70 367096 05/10/2018 COLE AUTO SUPPLY INC 1,_093.65 367097 05/10/2018 CANON FINANCIAL SERVICES INC 237.50 367098 05/10/2018 BETH NOLAN 65.00 367099 05/10/2018 ALLAN D KELLERMAN 5,055.00 367100 05/10/2018 ALLAN D KELLERMAN 14,800.00 367101 05/10/2018 DIANE LYSTLUND 1,008.73 367102 05/10/2018 SSE ASSOCIATES INC 369.33 367103 05/10/2018 ENVIRONMENTAL OPERATING SOLUSTIONS INC 8,058.58 367104 05/10/2018 AUTOMATED DIRECT MAIL SERVICE CENTER INC 5,453.49 367105 05/10/2018 CORE & MAIN LP 1.7,806.57 367106 05/10/2018 MC DERMOTT WILL & EMERY LLP 10,000.00 367107 05/10/2018 GOMEZ BROTHERS IRRIGATION LLC 3,697.50 367108 05/10/2018 CECO ENVIRONMENTAL 15.921.00 367109 05/10/2018 CHANGE .HEALTHCARE LLC 40,486.48 367.110 05/10/2018 CKA LLC 7,500.00 3671.13 05/10/2018 DIRECT TV 24.99 367112 05/1.0/2018 EMPIRE PIPE ORLANDO LLC 33,456.60 367113 05/10/2018 NTS MIKEDON LLC 4,265.00 36711.4 05/10/2018 PERFECT WAY PAVERS INC 150.00 367115 05/10/2018 MAJOR LEAGUE FISHING LLC 27,500.00 367116 05/10/2018 SUNSHINE STATE EGGFEST 1.04.84 367117 05/10/2018 TRENESHABARNES 1.86.90 367118 05/1012018 KENNETH GARDNER 125.00 367119 05/10/2018 ZORANA STRICEVIC 150.00 367120 05/10/2018 HALIFAX HUMANE SOCIETY INC 250.00 367121 05/10/2018 BERNARD JENNINGS 200.00 367122 05/10/2018 UTIL REFUNDS 55.26 367123 05/10/2018 UTIL REFUNDS 43.66 367124 05/10/2018 UTIL REFUNDS 40.62 367125 05/10/2018 UTIL REFUNDS 68.54 367126 05/10/2018 UTIL REFUNDS 77.80 367127 05/10/2018 UTIL REFUNDS 80.06 367128 05/10/2018 UTIL REFUNDS 88.57 367129 05/10/2018 UTIL REFUNDS 39.30 367130 05/10/2018 UTIL REFUNDS 59.00 367131 05/10/2018 UTIL REFUNDS 57.35 367132 05/10/2018 UTIL REFUNDS 39.33 367133 05/10/2018 UTIL REFUNDS 73.48 367134 05/10/2018 UTIL REFUNDS 22.42 367135 05/10/2018 UTIL REFUNDS 63.81 367136 05/1.0/2018 UTIL REFUNDS 26.27 367137 05/1012018 UTIL REFUNDS 462.62 367138 05/10/2018 UTIL REFUNDS 41.81 367139 05/10/2018 UTIL REFUNDS 1.90 367.140 05/10/2018 UTIL: REFUNDS 48.03 3671.41 05/10/2018 UTIL REFUNDS 51.18 367142 05/10/2018 UTIL REFUNDS 82.44 367143 05/10/2018 UTIL REFUNDS 40.62 9 4 TRANS NB.R DATE VENDOR AMOUNT 367144. 05/10/2018 UTIL REFUNDS 100.00 367145 05/10/2018 UTIL REFUNDS 66.48 367146 05/10/2018 UTIL REFUNDS 53.55 367147 05/10/201.8 UTIL REFUNDS 19.74 367148 05/10/201.8 UTIL REFUNDS 29.02 367149 05/10/2018 UTIL REFUNDS 79.48 367150 05/10/2018 UTIL REFUNDS 30.12 367151 05/10/2018 UTIL REFUNDS 37.20 367152 05/10/2018 UTIL REFUNDS 38.17 367153 05/10/2018 UTIL REFUNDS 6.67 367154 05/10/2018 UTILREFUNDS 93.69 367155 05/10/2018 UTILREFUNDS. 9.75 367156 05/10/2018 UTIL REFUNDS 38.20 367157 05/10/2018 UTIL REFUNDS 36.62 367158 05/10/2018 UTILREFUNDS 80.69 367159 05/10/2018 UTILREFUNDS 42.88 367160 05/10/2018 UTIL REFUNDS 78.05 367161 05/10/2018 UTIL REFUNDS 80.44 367162 05/10/2018 UTILREFUNDS 37.62 367163 05/10/2018 UTIL REFUNDS 333.07 367164 05/10/2018 UTIL REFUNDS 41.18 367165 05/10/2018 UTIL REFUNDS 34.41 367166 05/10/2018 UTIL REFUNDS 43.15 367167 05/10/2018 UTIL REFUNDS 27.14 367168 05/10/2018 UTIL REFUNDS 37.49 Grand Total: 6,041,534.30 10 ELECTRONIC PAYMENTS - WIRE & ACH TRAINS NBR DATE VENDOR AMOUNT 5903 05/04/2018 HIGHMARK STOP LOSS 18,219.46 5904 05/04/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 3,842:75 5905 05/04/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 57,641.25 5906 05/04/2018 IRC .FIRE FIG14TERS ASSOC 9.628.80 5907 05/04/2018 CHARD SNYDER & .ASSOCIATES INC 285.60 5908 05/04/2018 FIDELITY SECURITY LIFE INSURANCE COMPANY 3,028.09 5909 05/04/2018 BLUE CROSS & 13LUE SHIELD OF FLORIDA INC 35,950.00 5910 05/04/2018 I R C HEALTH 'INSURANCE - TRUST 627,293.04 5911 05/04/2018 TOTAL ADMINISTRATIVE S'E.RVICES CORP 10,710.18 5912 05/04/2018 ALLSTATE 270.66 5913 05/04/2018 COLONIALL11- E & ACCIDENT INS CO 31.86 5914 05/04/2018 AMERICAN FAMILY LIFE ASSURANCE CO 18,323.70 5915 05/04/2018 MUTUAL OF OMAHA 7,293.67 5916 05104/2018 FL RETIREMENT SYSTEM 583,191.97 5917 05/04/2018 1(11A11 -EY HORN & ASSOC INC 4,256.25 5918 05/04/2018 CHARD SNYDER & ASSOCIATES INC 312.40 5919 05/04/2018 ATLANTIC COASTAL LAND TITLE CO LLC 200,034.50 5920 05/07/2018 IRS -PAYROLL TAXES 418,972.72 5921 05/07/2018 FL SDU 6,189.71 5922 05/10/2018 FIRST AMERICAN TITLE INSURANCE CO 15,000.00 5923 05/10/2018 STEWART TITLE COMPANY INC 10,000.00 Grand Total: 2,0301476.61. 11 ELECTRONIC PAYMENT - VISA CARD TRANS. NRR DATE VENDOR AMOUNT 1013262 05108/201.8 AT&T 563.81 1.013263 05/08/201.8 OFFICE DEPOT 13SD CUSTOMER SVC 1,094:59 1013264 05/08/2018 WASTE MANAGEMENT INC 1.0_,379.74 1013265 05/080-01.8 COMCAST 192.40 1013266 05/08/2018 BRIDGESTONE GOLF INC 2,763.83 1013267 05/08/2018 WAEELA.BRATOR RIDGE ENERGY INC 2,622.25 1013268 05/08/2018 EVERGLADES FARM EQUIPMENT CO INC 1,473.38 1013269 05/08/2018 COPYCO.INC 228.24 1013270 05/08/2018 COLD AIR DISTRIBUTORS WAREHOUSE 583.93 1013271 05/08/201.8 INDIAN RIVER BATTERY 1,161.05 1013272 05/08/2018 SMITH BROTHERS CONTRACTING EQUIP 264.95 1013273 05/08/2018 SOUTHERN COMPUTER WAREHOUSE 31.5.80 1013274 05/0812018 ROGER CLEVELAND GOLF INC 216.00 1013275 05/08/201.8 COMO OIL COMPANY OF FLORIDA 53.98 1013276 05/08/2018 PRIDE ENTERPRISES 493.85 1013277 05/08/2018 CONSOLIDATED ELECTRICAL:DISTRIBUTORSINC 2.08 1013278 05/08/2018 AUTO PARTNERS LLC 19.46 1013279 05/08/2018 L&L DISTRIBUTORS 98.86 1013280 05/08/2018 XYLEM WATER SOLUTION USA INC 6,618.65 Grand Total: 29,146.85 12 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street � Vero Beach, FL 32960 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Court & Comptroller DATE: May 16, 2018 SUBJECT: Indian River County Grant Contract Subrecipient Awards As part of the federal government requirement under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award, (commonly known as the Uniform Grant Guidance), subrecipient agreements must be entered into and approved by the Board of County Commissioners for any new grants or updates to current grants. Based on the classification of grant recipients, the Senior Resource Association (SRA) and the Treasure Coast Homeless Services Council (TCHSC) are classified as grant subrecipients. On May 1, 2018, the Board approved Housing and Urban Development (HUD) grants in the amount of $865,140. Per the requirements of the Uniform Grant Guidance, a subrecipient grant agreement must be approved with TCHSC that encompasses these newly approved grants. In December 2017, the Board received an FTA Section 5307 Grant in the amount of $2,346,107. In February and March of 2018, three existing FDOT grant award amounts were increased. Per the requirements of the Uniform Grant Guidance, a subrecipient grant agreement must be approved with SRA that encompasses the newly approved grant and any modifications to existing grants. Recommendation: Approve the Indian River County Grant Contract Subrecipient Award agreements with the SRA and the TCHSC and execute any related documents. Attachments: Indian River County Grant Contract Subrecipient Award with TCHSC with exhibits A -D Indian River County Grant Contract Subrecipient Award with SRA with exhibits A-E 13 Indian River County Grant Contract Subrecipient Award This Grant Contract ("Contract") entered into effective this 22nd day of May, 2018 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and Treasure Coast Homeless Services Council, Inc. ("Subrecipient"), 2525 St. Lucie Avenue, Vero Beach, FL 32960 (Address), 064340768 (Unique Entity Identifier) for Continuum of Care grants (Name of Subrecipient's Program). Background Recitals A. The County received see attached list (Federal and/or State Award Identification) ("Award") from the Department of Housing and Urban Development (HUM (Federal agency) on see attached list (date), the Award Date. B. The Awards are for homeless rental assistance and homeless management information system (i.e., administration of the programs) (Project Description - provide enough information to give the public a good idea of the purpose and intended outcomes of.the subaward). C. The Federal Award Identification Numbers ("FAIN") for the Awards, if applicable, is see attached list (FAIN). D. The Catalog of Federal Domestic Assistance ("CFDA") Number for the Awards, if applicable, is see attached list (CFDA). The total dollar amount made available under the Awards are $ see attached list. E. The indirect cost rate for the Award, including if the de minimis rate is charge, per federal regulations is up to 10 percent on rental assistance grants; however 7% has been agreed upon between the Countv and TCHSC. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient attached hereto as Exhibit "B" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Research and Development The award under this Contract is not for research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as 14 other research and development activities and where such activities are not included in the instruction function. 4. Term The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) see attached list ("Grant Period"- Exhibit A). The Grant Period and performance start date commences on see attached list. 5. Grant Funds and Payment. The approved Grants for the Grant Period is see attached list ($865,140). The amount of federal funds obligated under this Contract by the County to the Subrecipient is see attached list ($865,140). The total amount of the Awards committed to the Subrecipient by the County is see attached list ($865,140). The total amount of federal funds obligated to the Subrecipient by the County, including the current obligation is see attached list ($865,140). The County agrees to reimburse the Subrecipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance ' with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County, In addition, the County .may require. additional documentation of expenditures, as it deems appropriate. 6. Indirect costs. Subrecipient is permitted to charge an indirect cost rate of 7% to the federal award. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs) 7. Additional Obligations of Subrecipient. 7.1 Records. The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3). years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial Pages statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws. The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. 7.3 Performance Reports. The Subrecipient shall submit cumulative, Performance Reports to the Finance Department of the County within 90 days following the completion of the grant. These reports should include but not limited to grant expenses and other statistics as required by the grants during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 7.4 Audit Requirements. If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal 15 year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period. 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Requirements. Subrecipient shall, no later than February 5, 2019, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Subrecipient's place of business, of any and 16 all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 7.7 Indemnification. The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.8 Public Records. The Subrecipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772)226-1424 PUBLICRECORDS(c-IRCGOV.COM Indian River County of the County Attorney 1801 27th Street Vero Beach, FL 32960 8. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 17 9. Notice and Contact Information - Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either parry to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: County: Mike Smykowski, Budget Director Indian River County 1801 27'h Street Building A Vero Beach, FL 32960 Subrecipient: Louise Hubbard, Executive Vice President Treasure Coast Homeless Services Council, Inc. 2525 St. Lucie Avenue Vero Beach, FL 32960 10. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 12. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court & Comptroller By: Deputy Clerk Approved: Jason Brown, County Administrator SUBRECIPIENT: By: Louise Hubbard, Executive Vice President Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Agency Name: Treasure Coast Homeless Services Council, Inc. Q F- CO 2 W �rnrnrnrnrnrnrnrnrn O - O M M M M M M M M M mm W W LOW N a, Y 0 0 0 0 0 0 O O c 00 00 00 00 00 00 m 00 00 C9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d R O O 00 00 00 00 00 00 00 .Q lf) In Ln In Ln In Ln In 0 O M M M M M M M M M 3000000000 Q 00 C0 O1:TNOOV'�O r,:- c 3 ItN. V u7 MW OO InmCV 0r, 0001n O Of,-Mwmwcgo�-w E N 00 Q di 69 EA 6-� Efi 69 EPi E9 EA co w w Q CO CC) CO CO CO GO CO CO (O LL Nt V It It It e}' 't Nt 0000000000 000000000 = _ _ _ = = = = = z_'IT Tgv�v�vv Q J J J J J J J J M CO O O O 00 O 00 O LL. � � .- 00 .- 'T M M -,tM r- M � 0 0 0 0 0 0 0 0 0 J J J J J J J J J LL LL LL LL LL LL LL LL LL W W W W W W W U U U U U U.0 Q Q Q Q Q Q Q U) U) U) U) U) U) U) U�5 Fn Fn Fn � -) Fn as aas as J J J J J J J Z Z Z Z Z Z Z W W� W W W� W W V V c U) 0) 0 L W W W W W W W m E m CD R W W w of of of afa,- 0� il� 2 zQQQaQa<<<< Cc LLLLLLLLLLLLLLLL LLQ OU ` Uo02222222220OOOOOOOOOW 7 D z)D D D D D D D Q C. Z_ Z_ZZ_Z_Z_Z_Z_Z~O c •L L N C y F- F- F- F- F- F- F- F- F- Z z z Z Z Z Z Z Z m �O 0000000000D r - U O UUUUUUUUUtA EXHIBIT B INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: April 20, 2018 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator I CONSENT AGENDA BCC Meeting, May 1, 2018 APPROVED BY BCC 05-01-18 Subject: HUD Grant Renewals for Homeless Management Information System (HMIS) And Continuum of Care (CoC) Program BACKGROUND Enclosed are copies of the renewal contracts for the grant awards received to date, which the Treasure Coast Homeless Services Council, Inc. (TCHSC) has secured on behalf of Indian River County. Performance Period FL01131,41-1091705 2017 CoCWideTRA $100,428 09/01/2018 ends 08/31/2019 FL0114L4H091710 2017 Alcohope Renewal $70,776 04/01/2018 ends 03/31/2019 FL0116L4H091710 2017 HMIS CE $35,400 09/01/2018 ends 08/31/2019 FL0119L4H091710 2017 New Chronics $269,184 07/01/2018 ends 06/30/2019 *FL0338L4HO91704 2017 CoCTRA2 $70,776 09/13/2018 ends 09/12/2019 FL0360L41-1091708 2017 Indian River Chronics $92,532 06/01/2018 ends 05/31/2019 FL038OL4HO91703 2017 Family Rental Assistance $89,340 09/01/2018 ends 08/31/2019 FL0418L41-1091705 2017 Data Quality $27,840 01/01/2019 ends 12/31/2019 FL044OL4HO91706 2017 New Horizons Two $108,864 05/01/2018 ends 04/30/2019 *Pending receipt of the Scope of Work Exhibit. The amount is included in the total award referenced by the enclosure attached to the HUD award letter. FUNDING: These grants require NO MATCHING FUNDS from the county, and there are no changes from previous years in the way the funds are disbursed. RECOMMENDATION: Staff recommends the Board: 1) Acknowledge the renewal of awards by HUD in the aggregate amount of $865,140. 2) Authorize the Budget Office to process reimbursement requests from the TCHSC pursuant to the terms of the original grants. 3) Approve the renewal agreement. ATTACHMENT: U.S. Department of Housing and Urban Development letter of March 15, 2018, with enclosure (list of conditionally obligated funds awarded.) Scope of Work Exhibits DISTRIBUTION: Brad Bernauer, Human Services Director Louise Hubbard, Treasure Coast Homeless Services Council, Inc. Elissa Nagy, Finance Director APPROVED AGENDA ITEM FOR MAY 1, 2018 20 C' �uCHTOi� U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT March 15, 2018 Mr. Bradley Bernauer Director, County Human Services Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Mr. Bernauer: Congratulations! I am delighted to inform you that HUD selected the project application(s) your organization submitted for funding under Fiscal Year (FY) 2017 Continuum of Care (CoC) Program project application(s) in the total amount of $865,140. The CoC Program is an important part of HUD's mission. CoCs around the country will continue to improve the lives of men, women, and children through their local planning efforts and through the direct housing and service programs funded under the.FY 2017 CoC Program Competition. Projects like your organization's, funded through the CoC program, continue to demonstrate their value by improving accountability and performance every year. The enclosure details the conditionally obligated funds for your organization's award(s) which listes: the name(s) of the individual project(s); the project number(s); and the specific amount(s) of the obligation(s) for each conditionally selected application. Your local HUD field office will send a letter to providing more information to your organization about finalizing the award(s), and executing of your grant agreement(s). After all conditions are satisfied and the grant agreement is executed, your organization can expend funds. HUD commends your organization's work and encourages it to continue to strive for. excellence in the fight to end homelessness. Sincerely, Neal Rackleff Assistant Secretary Enclosure ivinv.hud.gov cspanol.hud.gov 21 Tax ID Number: 59-6000674 Grant Number: FL01131.4H09170S Effective Date: 03/04/2018 DUNS Number: 079208989 SCOPE OF WORK for FY2017 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCs) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary. in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $100,428 for project number FL0113L4H091705. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in e -snaps is incorporated herein by reference and made a part hereof: In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a.project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ b. UFA costs $ c. Acquisition $. d. Rehabilitation $ e. New construction $ f. Leasing $ g. Rental assistance $100,428. h. Supportive services $ I. Operating costs $ j. Homeless Management Information System $ k. Administrative costs $ 1. Relocation costs $_ m. HPC homelessness prevention. activities: Housing relocation and stabilization services $ Short-term and medium-term rental assistance $ 22 LSH Tax ID Number: �9-6000674 Grant Number: FL0113L4H091705 Effective Date: 03/04/2018 DUNS Number: 079208989 4. The performance period for the project begins 09/01/2018 and ends 08 3.1 2019. No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient Is authorized to insert the Recipient's federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. UNITED STATES OF AMERICA, Secretary of Housing and Ur an Development BY: (Signature) Thomas N. Bilodeau, Program Manager (Typed Name and Title) _04/03/2018 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) (Signature of Authorized Official) eas (Typed Name and Title of Authorized Official) (Date) 23 Tax ID Number: 59.6000674 Grant Number: FL0113L4H091705 Effective Date: 03/04/2018 DUNS Number: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No.. Recipient Name Indirect cost rate Cost Base ea 24 LSH Tax ID Number: 59-6000674 Grant Number: FL01141.4H091710 Effective Date: 03/22/2018 DUNS Number: 079208989 SCOPE OF WORK for FY2017 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCs) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is 70 776 for project number FL0114L4H091710. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in a -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited frompoving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ b. UFA costs $ c. Acquisition $ d. Rehabilitation $ e. New construction $ f. Leasing $ g. Rental assistance S70,776 h. Supportive services $ L Operating costs j. Homeless Management Information System $ k. Administrative costs $ 1. Relocation costs $ m. HPC homelessness prevention activities: Housing relocation and stabilization services $ Short-term and medium-term rental assistance $ 25 LSH Tax ID Number: 59-6000674 Grant Number: FL0114L4H091710 Effective Date: 03/22/2018 DUNS Number: 079208989 4. The performance period for the project begins 04/01/2018 and ends 03/31/2019. No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used .for payment of indirect costs, the Recipient is authorized to insert the Recipient's federally recognized Indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. UNITED STATES OF AMERICA, Secretary of Ho ng and Urbap Development BY: (Signature) Thomas N. Bilodeau, Program Manager (Typed Name and Title) 03/22/2018 (Date) RECIPIENT Indian River County Board of County Commissioners (N�n of Organizaton BY: Signature of Autrized Official) Att�oL ,Q, ,- {typed Name and Title of Authorized Official) (Date) 26 Tax ID Number: 59-6000674 Grant Number: F1.01141,41-1091710 Effective Date: 03/22/2018 DUNS Number: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name Indirect cost rate Cost Base J 27 LSH Tax ID Number: 59-6000674 Grant Number: FLO116L4H091710 Effective Date: 03/04/2018 DUNS Number: 079208989 SCOPE OF WORK for FY2017 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of:the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCs) are published in the HUD Exchange'in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $35 400 for project number FL0116L4H091710. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in a -snaps is incorporated herein by. reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without. a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ b. UFA costs $ c. Acquisition $ d. Rehabilitation $ e. New construction $ f. Leasing $ g. Rental assistance $ .h. Supportive services $ i. Operating costs $ j. Homeless Management Information System $35.400 k. Administrative costs $ I. Relocation costs $ m. HPC homelessness prevention activities: Housing relocation and stabilization services $ Short-term and medium-term rental assistance $ LSH Tax ID Number: 59-6000674 Grant Number: F1.0116L4H091710 Effective Date: 03/04/2018 DUNS Number: 079208989 4. The performance period for the project begins 09/01/2018 and ends 08/31/2019. No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been.renewed. S. If grant funds will be used for payment of indirect costs, the Recipient is authorized to. insert the Recipient's federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. UNITED STATES OF AMERICA, Secretary of Housing and Urban Development BY: (Signature) Thomas N. Bilodeau, Program Manager (Typed Name and Title) 04/03/2018 (Date) RECIPIENT BY: Indian River County Board of County Commissioners (Name of Organization) (Signature -orfAuthorized Official) [ /J e^�Qf Yi �1d�r�t.L� ✓�fe- �" l e..r.vr S G (Typed Name and Title of Authorized Official) �✓-3—/5i— (Date) 29 Tax ID Number: 59.6000674 Grant Number: FL0116L4HO91710 Effective Date: 03/04/2018 DUNS Number: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name Indirect cost rate. Cost Base . 30 LSH Tax ID Number: 59-6000674 Grant Number: FL011914H091710 Effective Date: 03/22/2018 DUNS Number: 079208989 SCOPE OF WORK for FY2017 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCs) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $269,184 for project number F1.03601,41-1091708. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in a -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ b. UFA costs $ c. Acquisition $ d. Rehabilitation $ e. New construction $ f. Leasing $ g. Rental assistance $269.184 h. Supportive services. $ i. Operating costs $ j. Homeless Management Information System $ k. Administrative costs $ I. Relocation costs $ m. MPC homelessness prevention activities: Housing relocation and stabilization services $ Short-term and medium-term rental assistance $ 31 LSH Tax ID Number: 59-6000674 Grant Number: FL0119L4H091710 Effective Date: 03/22/2018 DUNS Number: 079208989 4. The performance period for the project begins 07/01/2018 and ends 06/30/2019. No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and'§578.25 and no funds for renewal projects maybe drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding Is subject to the availability of annual appropriations. UNITED STATES OF AMERICA, Secretary of Housing and Urban Development BY: (Signature) Thomas N. Bilodeau, Program Manager (Typed Name and Title) 03/22/2018 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) BY: 3 n, (Signature of Autfforized Official) 0- I` hue G (Typed Name"and Title of Authorized Official) (Date) 32 Tax 10 Number: 59-6000674 Grant Number: F1.0119WH091710 Effective Date: 03/22/2018 DUNS Number: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name Indirect cost rate Cost Base 33 LSH Tax ID Number: 59-6000674 Grant Number: FL036OL4H091708 Effective Date: 03/22/2018 DUNS Number: 079208989 SCOPE OF WORK for FY2017 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (H.PCs) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for NPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant wasdesignated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $92,532 for project number FL036OL4HO91708. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in a -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a.. Continuum of Care planning activities $ b. UFA costs $ c. Acquisition $ d. Rehabilitation $ e. New construction $ f. Leasing $ g. Rental assistance $92,532 h. Supportive services $ L Operating costs $ j. Homeless Management Information System $ k. Administrative costs $ I. Relocation costs $ m. HPC homelessness prevention activities: Housing relocation and stabilization services $ Short-term and medium-term rental assistance $ 34 LSH Tax ID Number: 59-6000674 Grant Number: FL0360L4H091708 Effective Date: 03/22/2018 DUNS Number: 079208989 4. The performance period for the project begins 06/01/2018 and ends 05/31/2019. No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. UNITED STATES OF AMERICA, Secretary of Housing and Urban Development BY: (Signature) Thomas N. Bilodeau, Program Manager (Typed Name and Title) T 03/22/2018 (Date) RECIPIENT BY: Indian River County Board of County Commissioners .(Name of Organization) (Signature of Authorized Official) l`) r ca3 O-e'Yv ,s ,e -ti i t 7�W"-k ," S81. c (Typed Name and Title of Authorized Official) (Date) 35 Tax ID Number: 59-6000674 Grant Number: F1.0360WH091708 Effective Date: 03/22/2018 DUNS Number: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No: Recipient Name Indirect cost rate Cost Base 36 LSH Tax ID Number: 59.6000674 Grant Number: FL038OL4HO91703 Effective Date: 03/04/2018 DUNS Number: 079208989 SCOPE OF WORK for FY2017 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCs) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $89,340 for project number FL038OL4HO91703. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in a -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ b. UFA costs $ c. Acquisition $ d. Rehabilitation $ e. New construction $ f. Leasing $ g. Rental assistance. $89,340 h. Supportive services $ i. Operating costs $ j. Homeless Management Information System $ k. Administrative costs $ I. Relocation costs $ m. HPC homelessness prevention activities: Housing relocation and stabilization services $ Short-term and medium-term rental assistance $ 37 LSH Tax ID Number: 59-6000674 Grant Number: FIC03801.4091703 Effective Date: 03/04/2018 DUNS Number: 079208989 4. The performance period for the project begins 09/01/2018 and ends 08/31/2019. No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. UNITED STATES OF AMERICA, Secretary of Housing and Urban Development BY: (Signature) Thomas N. Bilodeau, Program Manager (Typed Name and Title) 04/03/2018 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) BY: (Signature of Authorized Official) (Typed Name and Title. of Authorized Official) (Date) 38 Tax ID Number: S9-6000674 Grant Number: FL0380L4H091703 Effective Date: 03/04/2018 DUNS Number: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name Indirect cost rate Cost Base 39 LSH Tax ID Number: 59-6000674 Grant Number: FL0418L4HO91705 Effective Date: 04/03/2018 DUNS Number: 079208989 SCOPE OF WORK for FY2017 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also.subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCs) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $27.840 for project number FL0418L4H091705. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in a -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved.budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ b. UFA costs $ c. Acquisition $ d. Rehabilitation $ e. New construction $ f. Leasing $ g. Rental assistance h. Supportive services $ I. Operating costs $. j. Homeless Management Information System $27,840 k. Administrative costs $ I. Relocation costs $ m. HPC homelessness prevention activities: Housing relocation and stabilization services $ Short-term and medium-term rental assistance $ 40 LSH Tax ID Number: 59-6000674 Grant Number: FL0418L41-1091705 Effective Date: 04/03/2018 DUNS Number: 079208989 4. The performance period for the project begins 01/01/2019 and ends 12131/2019. No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been.renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated, herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. UNITED STATES OF AMERICA, Secretary of Housing and Urban :Development BY: (Signature) Thomas N. Bilocleau, Program Manager (Typed Name and Title) 04/03/2018 (Date) RECIPIENT .Indian River County Board of County Commissioners (Name of Organization) (Signature of Authorized Official) �en�[��, "c.JL�y►�:a�r' Y[lCciv,a,n.��Pd�iGef I��Y�• (Typed Name and Title of Authorized Official) (Date) 41 Tax 1D Number: 59-6000674 Grant Number: F1.04181.41-1091705 Effective Date: 04/03/2018 DUNS Number: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name. Indirect cost rate Cost Base 42 LSH Tax ID Number: 59-6000674 Grant Number: FL04401,4H091706 Effective Date: 03/22/2018 DUNS Number: 079208989 SCOPE OF WORK for FY2017 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCs) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year: 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $108,864 for project number FL0440L4H091706. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in a -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ b. UFA costs $ c. Acquisition $ d. Rehabilitation $ e. New construction $ f. Leasing $ g. Rental assistance $108.864 h. Supportive services $ L Operating costs $ j. Homeless Management Information System $. k. Administrative costs $ I. Relocation costs $ m. HPC homelessness prevention activities: Housing relocation and stabilization services $ Short-term and medium-term rental assistance $ 43 LSH Tax IID Number: 59.6000674 Grant Number: FL0440L4H091706 Effective. bate: 03/22/2018 DUNS Number: 079208989 4. The performance period for the project begins 05/01/2018 and ends 04/30/2019. No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. UNITED STATES OF AMERICA, Secretary of Housing and Urban Development BY: (Signature) Thomas N. Bilodeau, Program Manager (Typed Name and Title) 03.22/2018 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) BY: 3 A" 6� (Signature of A&Thorized Official) (Typed Name and Title of .Authorized Official) (Date) 44 Tax ID Number: 59.6000674 Grant. Number: FL0440L4H091706 Effective Date: 03/22/2018 DUNS Number: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No: Recipient Name Indirect cost rate Cost Base 'Yo 45 LSH Enclosure FL0113L4H091705 2017 CoCWideTRA $100,428 FL0I 14L4H091710 2017Alcohope Renewal $70,776 FLO1161,4110917 10 2017 HMIS CE $35,400 FL0] 191,41-1091710 2017New Chronics $269,184 FL0338L4H091704 2017 CoC TRA 2. $70,776 FL0360L4H091708 2017 Indian River Chronics $92,532 F1,03801,411091703 2017 Family Rental Assistance $89,340 FL0418L4H091705 2017 Data Qualitty $27,840 FL0440L4H091706 2017 NEW HORIZONS TWO $108,864 Total Amount: $865,140 46 EXHIBIT C [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check or credit card payment. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1St may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 301h) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." 47 EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Venue: Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor. The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment. This Contract may not be assigned by the Subrecipient without the prior written consent of the County. 48 Indian River County Grant Contract Subrecipient Award This Grant Contract ("Contract") entered into effective this 22nd day of May, 2018 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County') and Indian River County Senior Resource Association, 4nc. (SRA), ("Subrecipient"), 694 14th Street, Vero Beach, FL 32960 (Address), 167981612 (Unique Entity Identifier) for providing and administering mass transit . service for Indian River County (Name of Subrecipient's Program) Background Recitals A. The County received see attached list (Federal and/or State Award Identification) ("Award") from the Florida Department of Transportation and Federal Transit Administration (Federal agency) on see attached list (date), the Award Date. B. The Awards are for local transit planning protects and assistance for capital and operating expenses (Project Description - provide enough information to give the public a good idea of the purpose and intended outcomes of the subaward). C. The Federal Award Identification Numbers ("FAIN") for the Awards, if applicable, is see attached list (FAIN#). D. The Catalog of Federal Domestic Assistance ("CFDA") Number for the Awards, if applicable, is see attached list (CFDA). The total dollar amount made available under the Awards are $2,616,626. E. The indirect cost rate for the Award, including if the de minimis rate is charged, per federal regulations is based upon the County approved indirect cost allocation plan. See number 6 below. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient attached hereto as Exhibit "B" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Research and Development The award under this Contract is not for research activities, both basic and. applied, and all development activities that are. performed by non - Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as 49 other research and development activities and where such activities are not included in the instruction function. 4. Term The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) see attached list ("Grant Period"). The Grant Period and performance start date commences on see attached list. 5. Grant Funds and Payment. The approved Grants for the Grant Period is see attached Fist ($5,028,502). The amount of federal funds obligated under this Contract by the County to the Subrecipient is see attached list ($2,61 e Awards committed to the Subrecipient by the County is see attached list ($5,028,502). The total amount of federal funds obligated to the Subrecipient by the County, including the current obligation is see attached list ($2,616,626). The County agrees to reimburse the Subrecipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. SRA shall not be subject to the travel expenses and sick or vacation payments to employees policies set forth in exhibit C. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs. Subrecipient is permitted to charge an indirect cost rate of 0% to the federal award, because indirect costs are charged directly through an approved indirect cost allocation plan (Exhibit E). (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs). 7. Additional Obligations of Subrecipient. 7.1 Records. The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 50 Page 2 7.2 Compliance with Laws. The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. 7.3 Performance Reports. The Subrecipient shall submit cumulative, Performance Reports to the Metropolitan Planning Organization Department of the County within within thirty (30) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to grant expenses and other statistics as required by the grants during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 7.4 Audit Requirements. If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period. 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Requirements. Subrecipient shall, no later than October 1, 2018, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, 51 including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Subrecipient's place of business, of any and all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 7.7 Indemnification. The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.8 Public Records. The Subrecipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2): Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this Agreement. 52 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(ab-IRCGOV.COM Indian River County of the County Attorney 1801 27th Street Vero Beach, FL 32960 8. Termination. This Contract may be terminated by either parry, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 9. Notice and Contact Information - Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: County: Mike Smykowski, Budget Director Indian River County 1801 27th Street Building A Vero Beach, FL 32960 Subrecipient: Karen Deigl, President/CEO Senior Resource Association 69414 th Street Vero Beach, FL 32960 10. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 12. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. 53 IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Courts & Comptroller By: Deputy Clerk Approved: Jason Brown, County Administrator SUBRECIPIENT: By: Karen Deigl, President/CEO Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Agency Name: Indian River County Senior Resource Association 54 Indian River County BOCC SRA Related Grants Description/Grant Name State Grants: MOT Public Transportation Block Grant FDOT Corridor Grant Total State Grants Federal Grants: FDOT Section 5311 Funding Assistance FTA Section 5307 Grant Total Federal Grants Total of All Awards * Grant amount increased on award date EXHIBIT A State Award ID # CSFA# FAIN # CFDA# Amount ARQ56 55.010 1,910,577 ARE86 55.013 501,299 $ 2,411,876 ARQ46 20.509 270,519 FL -2018-003-00 20.507 2,346,107 $ 2,616,626 $ 5,028,502 Award Date Grant Period 02/28/18 12/29/14 to 12/31/19 04/09/18 05/22/14 to 04/30/19 02/28/18 12/29/14 to 12/30/19 12/15/17 12/15/17 to 03/30/20 55 EXHIBIT B INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director Phillip J. Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner DATE: January 31, 2018 SUBJECT: Approval of a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for Block Grant Funds It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 13, 2018. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received mass transit operating assistance through the Florida Department of Transportation (FDOT) Public Transportation Block Grant program. Each year, the County combines Block Grant funds with local funds as a match towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program) and Section 5311 (also known as the Rural Area Formula Grant program): These state and federal grant funds are passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed -route) and the Community Coach (demand response) transit services. For FY 2017/18, $560,855 has been allocated through the state Block Grant program to the county. Because the Block Grant has a 50% match requirement, the county is required to provide a local match of $560,855. As was the case in previous years, matching funds will come from the County's normal transit allocation. Together, the Block Grant funds and local funds will be applied as a local/state match towards $1,121,710 in federal operating assistance through the Section 5307 program ($1,055,021) and the Section 5311 program ($66,689). As a result, the county will receive $1,682,565 in combined federal and state transit operating assistance. In terms of transit, the County receives most of its funding through the federal Section 5307 grant program. To obtain those federal Section 5307 funds, the County must complete an application and follow a process that includes several steps. For FY 2017/18, the first step is to apply for state Block \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\IRCG\Attachments\584bbe49-112f-4fc3-b9a5-Ofc500786aId.docx 56 Grant funds. Subsequent steps include applying for federal capital and operating assistance and applying for Florida toll revenue credits for use as a soft match for federal capital assistance. According to state regulations, Block Grant funds may be used for both eligible capital and operating costs of public transit providers. Because the local match requirement for the capital portion of the County's FY 2017/18 Section 5307 grant may be met by soft -match rather than cash -match funds (which effectively provides for 100% federal funding of capital expenses), the entire FY 2017/18 Block Grant is proposed as a partial match for Section 5307 operating funds. Pursuant to state regulations, Block Grant funds may not exceed 50% of the nonfederal share of total eligible operating expenses of transit service provision. Also, activities funded with Block Grant funds must be consistent with applicable approved local government comprehensive and transit plans. To receive the Block Grant funds, the County must enter into a Supplemental Joint Participation Agreement with FDOT, a copy of which is attached to this staff report (Attachment #2). ANALYSIS As with the FTA Section 5307 grant program, onlypublic agencies maybe designated recipients of Block Grant funds, although the funds may be passed through to a nonprofit provider. Under these restrictions, SRA has requested that the Board of County Commissioners apply for state Block Grant funds on its behalf. The attached Supplemental Joint Participation Agreement (SJPA) is an agreement between FDOT and Indian River County specifying the requirements which the County must meet in order to receive Block Grant funds. One of the most important of these requirements is that the County prepare and approve an annual update to its Transit Development Plan (TDP). The attached resolution (Attachment #1) authorizes the Chairman of the Board of County Commissioners to execute the JPA for Public Transportation Block Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the SJPA, County staff will transmit the SJPA to FDOT. Once the SJPA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand -response transit service. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2040 Long Range Transportation Plan. FUNDING Funding in the amount of $560,855 is budgeted and available in the General Fund/Community Transportation Coordinator account (Account Number 00111041-088230). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\IRCG\Wttachments\584bbe49-112f-4fc3-b9a5-Ofc500786a1 d.docx 57 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Supplemental Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Supplemental Joint Participation Agreement 2. MOT Public Transportation Supplemental Joint Participation Agreement 3. Grant Budget Form \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\IRCG\Attachments\584bbe49-112f-4fc3-b9a5-Ofc500786ald.docx . 58 RESOLUTION NO. 2018 - 019 A RESOLUTION OF TIIE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION SL;PPLEMENTALJOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as a portion of the required funding match liar grants under 49 USC Ch. 53, Section 5307; and WHEREAS, Indian River County intends to submit an FY 2017/18 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 2017/18 Florida Public Transportation Block Grant; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WIIEREAS. the Florida Department of Transportation provides Public Transportation Block Grant funds to. Indian River County to assist in the continuance and expansion of local public transportation services. NOW, TIiEREFORF., BE IT RESOLVED 13Y THE INDIAN RIVER COUNTY 130ARD OF COUNTY COMMISSIONERS: 'Chat the Chairman ofthe Indian River County Board ofC:ounty Commissioners is authorized to execute a public transportation Supplemental Joint Participation Agreement with the Florida Department of Transportation to obtain FY 2017/18 Florida Public Transportation Block Grant funding to be used as a partial match for operating assistance as part of the County's FY 2017/18 Section 5307 grant application. 2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's FY 2017/18 Public Transportation Block Grant. THIS RESOLUTION was moved fur adoption by _Cn..jsQjQQQr and the motion was seconded by co mtissioner Zorr and, upon being put to a vote, the vote was as follows: Chairman Peter D. O-t3ryan AYE _ Vice -Chairman Bob Solari AYE Commissioner Susan Adams AYE Commissioner Joseph E. Rescher AYE— Comm 1 ssionerTi m YEComm1ssionerTim Zorc AYE F1Community Dcvcclopmcnt%L'scrs".1P01 FrunsiN ir: nls'lIlovk'•2013-2019` 3-2019Q0 IS bcc resolmion.docx Page I of 2 59 RESOLUTION NO. 2018 - 019 The Chairperson thereupon declared the resolution duly passed and adopted this 13th. day of _ February , 20 t 8. 4K ., Ems....;. BOARD OF COUNTY COMMISSIONERS INDIAIVER COUNTY, FLORIDA By: Peter D. O'Bryan, th4man Attest: Jeffry Smith, Cl v Court and Comptroller Depttler .. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Peter D. O'Bryan, as Chairman of the Board of County Commissioners, and _ma„TPP„ cpj fn , as Deputy Clerk, tome known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last afor his l3th day of l� cbruary, 2018. Notary Pdblic APPROVED AS TO LEGAI. SUITICII NCY Misty L. Pursel CorTmo��n No.: GG 166068 My Corfmissioner Expires: 1.11.22 BY: j Dylan Reingold. County Attorney APPROVED AS TO COMMUNITY I)I;VEI,OPMENT MATTERS BY:^ /:;�” _ Stan Boling, ICP. Director Community evclopment Department FACommuniq I)erelopmcm'l crs' \,IPU fransid(iranta l31 xk 2Ul •?019!2018 bcc resolution.dncc �ww�nnnnni a� Notary Public Stria of Florida f Misty L. Purse' g MY Commissm GG 186088 Exaros Din 1/2022 Page 2 of 2 60 DocuSign Envelope ID: BD069CDD-8lE5-4645-AlB4-FA8Fl6C278EF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 03 Financial Project No.: Fund: DPTO FLAIR Approp.: 088774 407190-4-84-01 Function: 215 FLAIR Obj.: 751000 (item -segment -phase -sequence) Federal No.: Org. Code: 55042010429 Contract No.: ARQ56 DUNS No.: 80-939-7102 Vendor No.: CFDA Number: CSFA Number: 55.010 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River County Board Of County Commissioners 1801 27th Street Vero Beach, FL 32960 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 29 th day of December , 2014 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 1,910.577.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended 725-030-07 PUBLIC TRANSPORTATION 6/11 Pape i of 3 To provide Block Grant funding to Indian River County Board Of County Commissioners for operating assistance to its urbanized area public transportation system. 61 DocuSign Envelope ID: BD069CDD-8lE5-4645-A1B4-FA8Fl6C278EF 725-030-07 PUBLIC TRANSPORTATION 6/11 Page 2 of 3 2.00 Project Cost: Paragraph 3.00 of said Agreement is • increased O decreased by $ 1,121,770.00 bringing the revised total cost of the project to $ 3,821,154.00 Paragraph 4.00 of said Agreement is • increased O decreased by $ 560.885.00 bringing the Department's revised total cost of the project to $ 1.910.577.00 3.00 Amended Exhibits: Exhibit(s) B & D of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 16.00 of said Agreement 12/31/2019 . 5.00 E -Verify: Vend ors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 62 DocuSign Envelope ID: BD069CDO-SIE5-4645-AlB4•FA8F16C27BEF ns.o3ao7 PUBLIC TRANSPORTATION BI7/ Pepe 3 of 3 Financial Project No. 407190-4-84-01 Contract No. ARQ56 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 12129/2014 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY Indian River County Board Of County Commissioners AGENCY NAME Peter D. O'Bryan, Chairman SIGNATORY (PRINTED OR TYPED) a�� �� . SIGNATCRE O�;t'v cone; Chairman TITLE J W A Al BY :u+S VVILI-IF'--A }! )E GRAAI. DEplirY 0.01,'WT f ATTORNEY FOOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Stacy Miller, P.E. DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE ATTEST` /J Jeffrey R. i Clerk of Za d Comptroller BY: y�C erk BCC Approved: Febnlary 13, 2018 63 DocuSign Envelope ID: BD069CDD-81 E5 -4645-A1 B4-FA8Fl6C278EF Financial Project No. 407190-4-84-01 Contract No. ARQ56 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County Rnarcl of County rnmmissioners 1801 27th Street Vero Beach, FL 32960 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): To provide Block Grant funding to Indian River County Board Of County Commissioners for operating assistance to its urbanized area public transportation system. . Comments: 64 Page 1 of 2 As Approved As Amended Net Change I' Project Cost $2,699,384.00 $3,821,154.00 $1,121, 770.00 II. As Approved As Amended Net Fund DPTO DPTO DPTO Department: $1,349,692.00 $1,910,577.00 $560,885.00 Agency: $1,349,692.00 $1,910,577.00 $560,885.00 Federal: $ 0.00 $ 0.00 $ 0.00 Total Project Cost $2,699,384.00 $3,821,154.00 $1,121,770.00 Comments: 64 Page 1 of 2 DocuSign Envelope ID: BD069CDD-81 E5 -4645-A1 B4-FA8Fl6C278EF ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Departments Work program in the following fiscal year(s): FY Amount 2014 $915,324.00 2015 $892,234.00 2016 $891,826.00 2017 $1,121,770.00 65 Page 2 of 2 DocuSign Envelope ID: BD069CDD-8lE5-4645-A1B4-FA8Fl6C278EF Financial Project No. 407190-4-84-01 Contract No. ARQ56 Agreement Date EXHIBIT "D" STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency: Florida Department of Transportation State Project Title: PUBLIC TRANSIT BLOCK GRANT PROGRAM CSFA Number: 55.010 *Award Amount: $1,910,577.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.010 is provided at: https://apps.fldfs.com/fsaa/searchCataloa.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.010 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx 66 Page 1 of 1 GRANT NAME: Florida Public Transportation Block Grant GRANT #: ARO56 AMOUNT OF GRANT: $560,885 DEPARTMENT RECEIVING GRANT: Community Develonment (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990 1. How long is the grant for? One Year Starting Date: January 1, 2018 Description Position Position Position Position Position 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % Retirement Contributions 5. Grant match amount required: $ 560,885 Life and Health Insurance 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Worker's Compensation $560,885 County match already budgeted in general fund Soc. Sec. Medicare Matching 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? $ (Attach a detailed listing of costs.) $ 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Fifth Year Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $445,913 67 Grant Amount Other Matching Costs Match Total First Year $560,885 $ $560,885 (County Match) $1,121,710 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 67 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director Phillip J. Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner DATE: January 31, 2018 SUBJECT: Approval of a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for Rural Service Funds It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 13, 2018. DESCRIPTION & CONDITIONS For the past several years, the County has applied for and received transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine) and demand -response service (Community Coach). For FY 2017/18, $66,689 in Section 5311 funds is allocated to the county. In this case, the grant has a 50% nonfederal match requirement for operating assistance. Matching funds will consist of $33,344.50 from the state Public Transportation Block Grant and $33,344.50 from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. In order to receive these funds, the BCC must enter into a Supplemental Joint Participation Agreement (SJPA) with FDOT, a copy of which is attached to this staff report (Attachment 2). \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\IRCG\Attachments\6b9a2c78-2add-40d9-be9a-b42f553b5e6a.docx 68 ANALYSIS The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Area) grant program. The attached resolution (Attachment 1) authorizes the Chairman of the Board of County Commissioners to execute the SJPA for Formula Grants for Rural Areas funds. Upon the Board's adoption of the resolution and the Chairman's execution of the JPA, County staff will transmit the SJPA to FDOT. Once the SJPA has been executed by FDOT, the funds. will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand -response transit service to rural areas of the county. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2040 Long Range Transportation Plan. FUNDING Funding in the amount of $33,344.50 is budgeted and available in the General Fund / Community Transportation Coordinator account. Funding for this expenditure is part of the allocation given to the Senior Resource Association to provide transit service in the county. Account Number 00111041-088230 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public. Transportation Supplemental. Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Supplemental Joint Participation Agreement 2. FDOT Public Transportation Supplemental Joint Participation Agreement 3. Grant Budget Form \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\IRCG\Attachments\6b9a2c78-2add-40d9-be9a-b42f553b5e6a.docx 69 RESOLUTION NO. 201 E - o.Q- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of 'transportation as authorized by Chapter 341, Florida Statutes and/or the Federal Transit Administration Act of 1964, as amended: and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Supplemental Joint Participation Agreement with the Florida Department of Transportation to obtain $66,689 in FY 2017/18 Formula Grants for Rural Areas (Section 531 1) finds. for operating assistance as part of the County's ongoing public transportation service. That the Indian River County Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Rural Area Formula Grant. THIS RESOLUTION was moved for adoption by CcarnissionPr Fi PsrhPr_, and the motion was seconded by Corrmissioner _gore , and, upon being put to a vote, the vote was as follows: Chairman Peter 1). O'Bryan AYE Vice -Chairman Bob Solari _AYF: Commissioner Susan Adams AYE Commissioner Joseph l:. Flescher -LU CommissioncrTim "7_.orc -AYE The Chairperson thereupon declared the resolution duly passed and adopted this 13th day of February-. 2018. FACommunity 1)rvrlopmcnt\t ers\\tJ'O\'rrmsnl(iranlsl5! 11'.171$tstpa resolimon.dncs Page I of 2 70 RESOLUTION NO. 2018 - o�n Q���,is s io riEgs ., BOARD OF COUNTY COMMISSIONERS INDIAN IVER COUNTY, FLORIDA .y.• t.tia :` / ��.... By: ��;ANRNEA��.' Peter D. O'Bryan, Chaqrman Attest: Jeffrey }Y. Smith, 'jerk of Court and Comptroller By. Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments. personally appeared Peter D. O'Bryan, as Chairman of the Board of County Commissioners, and MaurPPn XPi fn , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 13th day of February , 2018. t Notary Publid APPROVED AS TO LEGAL. SUFFICIE,NC Y Misty L. Pursel SEAL: / Colrmission No. GG 166068 BB Y X My Carmission Pxpires: January 11, 2022 Dylan Rei gold, County Attorney zig ate of FWidn l GG i 660W APPROVED AS TO COMMUTIITY DI'VEI.OPMI NT MA17ERS or� BY: ,A Stan Boling AICP. Director Commurnt�Development Department F:1Communip I)cvciopmcnl'.Uscrst5,11'OkfransittGrants!53111718%%a resolutiou.doex Page 2 of 2 71 DocuSign Envelope ID: FCDAAFB8-1C46-4E15-AC38-76E3ECA94F92 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-07 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION 6111 SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page 1 of Number 03 Financial Project No.: Fund: DU FLAIR Approp.: 088774 407182-2-84-01 Function: 215 FLAIR Obj.: 790000 (item -segment -phase -sequence) Federal No.: Org. Code: 55042010429 Contract No.: ARQ46 DUNS No.: 80-939-7102 Vendor No.: CFDA Number: 20.509 CSFA Number: THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River County Board Of County Commissioners 1801 27th Street Vero Beach, FL 32960 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 29 th day of December , 2014 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 270,519.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended To provide 5311 funding to Indian River County Board Of County Commissioners for operating assistance to its no -urbanizes area public transportation system 72 DocuSign Envelope ID: FCDAAFB8-1C46-4E15-AC38-76E3ECA94F92 725-030-07 PUBLIC TRANSPORTATION 6/11 Page 2 of 3 2.00 Project Cost: Paragraph 3.00 of said Agreement is • increased O decreased by $ 133,378.00 bringing the revised total cost of the project to $ 541,038.00 Paragraph 4.00 of said Agreement is • increased O decreased by $ 66.689.00 bringing the Department's revised total cost of the project to $ 270.519.00 3.00 Amended Exhibits: Exhibit(s) B & D of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 16.00 of said Agreement 12/31/2019 . 5.00 E -Verify: Vend o rs/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 73 DocuSign Envelope ID: FCDAAFB8-1C46-4E15-AC38-76E3ECA94F92 775-030-07 PUBLIC TRAASPORTATION 6111' Paoe 3 of 3 Financial Project No. 407182-2-84-01 Contract No. ARQ46 _ Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 12/29/2014 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY Indian River County Board Of County Commissioners AGENCYNAME FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller Peter n. O' Bzvan . Chairmen SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW r"� l DEPARTMENT OF TRANSPORTATION is SIGNATURE Chairman TITLE' APPROVED Aa TO 1F`�tpv°��. AND AL. S FF1C CY/ BY �41L1_IF.t.A K. f EBrZAAL DEPUTY COUNTY AI ORNE-.Y Stacy Miller, P.E. DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE ATTEST: ieffrey R. SYni Clerk of o and,Ccmptroller ueputy C.Lerx HCC Approved: February 13, 2018 74 DocuSign Envelope ID: FCDAAFB8-1C46-4E15-AC38-76E3ECA94F92 Financial Project No. 407182-2-84-01 Contract No. ARQ46 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Inchon River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): To provide 5311 funding to Indian River County Board Of County Commissioners for operating assistance to its no -urbanizes area public transportation system Comments: 75 Page 1 of 2 As Approved As Amended Net Change I' Project Cost $407,660.00 $541,038.00 $133,378.00 II. As Approved As Amended Net Fund DU DU DU Department: $203,830.00 $270,519.00 $66,689.00 Agency: $203,830.00 $270,519.00 $66,689.00 Federal: $ 0.00 $ 0.00 $ 0.00 Total Project Cost $407,660.00 $541,038.00 $133,378.00 Comments: 75 Page 1 of 2 DocuSign Envelope ID: FCDAAFB8-1C46-4E15-AC38-76E3ECA94F92 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY Amount 2014 $143,886.00 2015 $130,608.00 2016 $133,166.00 2017 $133,378.00 76 Page 2 of 2 DocuSign Envelope ID: FCDAAFB8-1C46-4E15-AC38-76E3ECA94F92 Financial Project No. 407182-2-84-01 Contract No.. ARQ46 Agreement Date EXHIBIT "D FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: CFDA Title: *Award Amount: Awarding Agency: Indirect Cost Rate: **Award is for R&D: 20.509 FORMULA GRANTS FOR RURAL AREAS $0.00 Florida Department of Transportation *The federal award amount may change with supplemental agreements **Research and Development as defined at §200.87, 2 CFR Part 200 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS: 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards www.ecfr.gov FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) htti)://www.fsrs.gov 49 USC 5311: Formula Grants for Rural Areas htti)://uscode.house.gov/browse.xhtmI FTA Circular 9040.1 G: Formula Grants for Rural Areas: Program Guidance and Application Instructions http://www.fta.dot.gov/legislation law/12349.html 77 Page 1 of 1 GRANT NAME: 49 USC Ch. 53, Section 5311 (Formula Grants for Rural Areas) GRANT #: ARO46 AMOUNT OF GRANT: $66,689 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #:1772) 226-1990 1. How long is the grant for? Twelve Months Starting Date: January 1, 2018 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % Worker's Compensation 012.17 5. Grant match amount required: $ 33,344.50 Third Year TOTAL 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? $ Match consists of $33.344.50 in County funds already budgeted for public transportation and $33,344.50 in FDOT grant funds 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? Fifth Year $ (Attach a detailed listing of costs.) $ $ 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching Third Year TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $33,291.50 78 Grant Amount Other Matching Costs Match Total First Year $66,689 $ $33,344.50 in local funds & $33,344.50 in FDOT grants $133,378 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 78 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director Phillip J. Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner DATE: IMarch 9, 2018 SUBJECT: Approval of a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) to Continue Bus Service to the Indian River State College Main Campus (Fort Pierce) It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 20, 2018. DESCRIPTION & CONDITIONS For the past several years, the county has applied for and received transit operating assistance under the Florida Department of Transportation (FDOT) Corridor Grant program. These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's transit service provider. FDOT Corridor Grant funds may be used for improving transit operations, such as realigning routes or increasing coverage areas. On May 22, 2014, the county was approved for an FDOT Corridor Grant which provided funding for hourly intercounty transit service to the Indian River State College (IRSC) Main Campus in Fort Pierce. This service is provided through GoLine Route 15, which connects with three other GoLine routes (Routes 4, 6, and 7) at the Intergenerational Center. With a simple transfer, riders coming from the IRSC Mueller Campus, the Main Transit Hub, the Indian River Mall, Vero Beach Highlands, and other locations may travel to the IRSC Main Campus in Fort Pierce. Through this grant, intercounty transit service to St. Lucie County is 100% funded by FDOT with no local contribution. The grant covers a five year period that lasts until April 30, 2019. Through the first four years of this grant, FDOT has provided $401,549 in funding for the intercounty transit service. At this time, FDOT is allocating an additional $99,750 to the county for the fifth year of the grant. In order to receive these funds, the BCC must enter into a Supplemental Joint Participation Agreement (SJPA) with FDOT, a copy of which is attached to this staff report (Attachment #2). \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\IRCG\Attachments\3564df56-a587-4f39-8c54-446dc4bfbd2e.docx 79 ANALYSIS The attached resolution (Attachment #1) authorizes the Chairman to execute the SJPA for Corridor Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the SJPA, MPO staff will transmit the SJPA to FDOT. . As with the FTA Section 5307 grant program, only public agencies may be designated recipients of state Corridor Grant funds. With respect to the Corridor Grant program, the county receives the grant funds and transfers those funds to the county's Community Transportation Coordinator and transit provider, the Senior Resource Association (SRA). The SRA, in turn, provides the service as directed by the county and as identified in the SJPA. In this case, the funds are to be used to provide intercounty service to the IRSC Main Campus in St. Lucie County. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Supplemental Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Supplemental Joint Participation Agreement 2. FDOT Public Transportation Supplemental Joint Participation Agreement 3. Grant Budget Form \\prod-netapp-gm-as-fsas.tops.gdi\insite_data_prod\files\IRCG\Attachments\3564df56-a587-4f39-8c54-446dc4bfbd2e.docx 80 RESOLUTION NO. 2018 - 033 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has applied for and been allocated state mass transit operating assistance under FDOT Procedure number 725-030-003-e, also known as the Transit Corridor Grant Program; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Indian River County— Senior Resource Association; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Transit Corridor Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Supplemental Joint Participation Agreement with the Florida Department of Transportation to obtain $99,750 in FY 2017/18 state Transit Corridor Grant funds for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Transit Corridor Grant. THIS RESOLUTION was moved for adoption by Corrmi GS i on _r F1 grhar _ , and the motion was seconded by_Corrmissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan AYE Vice -Chairman Bob Solari ABSENT Commissioner Susan Adams AYE Commissioner Joseph E. Flescher gyp Commissioner Tim Zorc AYE FA\Community Development\Usas\MPO\Transit\Grants\Corridor\Exprcss\SJPA #2\bcc resolutioo.docx Page 1 of 2 81 RESOLUTION NO. 2018 - 033 The Chairperson thereupon -declared the resolution duly passed and adopted this 20th day of :March , 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA � .•'''�OAIM/SS „ By: PZe-4 Peter D _ D. O'Bryan, C > u62). Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: R— • Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Peter D. O'Bryan, as Chairman of the Board of County Commissioners, and Rhonda Zirkle as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 20th day of March .2018. 1 Notary Publ Misty Pursel APPROVED AS. TO LEGAL SUFFICIENCY r Commission # GG 166068 SEAL: A' My Corrmission Expires: January 11, 2020 BY:'V Dylan Reingold, ZZOWIIU om.t&3 8999' 00 u°Issl•u3 44Count Attorney lasind1 AISM y� epuolj to a3et$ ollVnd lueMN APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS �t BY: Stan Bli , AICP, Director Comm ty Development Department FACommunity Development\Users\MPO\Transit\Grants\Comdoaxpress\S]PA #2\bcc resolution.docx Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION - 725-030-07 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION 6/11 SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page f of Number 2 Financial Project No.: Fund: DPTO FLAIR Approp.: 088774 435846-1-84-01 Function: 215 FLAIR Obj.: 751000 (item -segment -phase -sequence) Federal No.: Org. Code: 55042010429 Contract No.: ARE86 DUNS No.: 80-939-7102 Vendor No.: VF596000674029 CFDA Number: CSFA Number: 55.013 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 22 Ind day of May 2014 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 501,299.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits.to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Supplemental operating funds for Indian River County/St. Lucie County Transit Service (Southeast Regional Transit Corridor) E, 725-030-07 PUBLIC TRANSPORTATION 6111 Page 2 of 3 2.00 Project Cost: Paragraph 3.00 of said Agreement is • increased O decreased by $ 99,750.00 bringing the revised total cost of the project to $ 501,299.00 Paragraph 4.00 of said Agreement is • increased O decreased by $ 99,750.00 bringing the Department's revised total cost of the project to $ 501,299.00 3.00 Amended Exhibits: Exhibit(s) B & D of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 16.00 of said Agreement 4/30/2019 5.00 E -Verify: Vend ors/C ontractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 0 725dXK PUBLIC TRANSPORTA70N to Financial Project No. 43 584;• 1- 84 -0 Contract No. ARE86 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 5/2212014 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FOOT Indian River County See attached Encumbrance Form for date of Funding Ficrarr9 of rnuntX. Crrnn;j--;¢innars Approval by Comptroller AGENCY NAME Peter D. O' Bryan, C.hai 7 t f GOAf� ass% •` SIGNATORY (PRINTED OR TYPED) Ifs L �p . SIGNATURE Chi rman TITLE ppAppfP�!PFtR�t�VED cAtSi TO F`i RMI Mf+i- L t9 iJ L" - i F y 8 V`WiLLIA K.O SR AI. DEPUTY COUNTY ATTORNEY LEGAL REVIEW DEPARTMENT Of TRANSPORTATION Mark Plass DEPARTMENT OF TRANSPORTATION Acting Director of Transportation Development TITLE ATTEST: Jeffrey R Smith, Clerk of Court and Comptroller BY:AM 0 1AAA >puty Clerk 85 Financial Project No. 435846-1-84-01 Contract No. ARE86 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dated 22nd May, 2014 DESCRIPTION OF SUPPLEMENT (Include justification for cost change): supplemental funding for operating inter -county transit route I. Comments: 86 Page 1 of 2 As Approved As Amended Net Change Project Cost $401,549.00 $501,299.00 $99,750.00 As Approved As Amended Net Fund DDR,DPTO DDR,DPTO DDR,DPTO Department: $401,549.00 $501,299.00 $99,750.00 Agency: $ 0.00 $ 0.00 $ 0.00 Federal: $ 0.00 $ 0.00 $ 0.00 Total Project Cost $401,549.00 $501,299.00 $99,750.00 Comments: 86 Page 1 of 2 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Il. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY Amount 2013 $206,006.00 2015 $195,543.00 2017 $99,750.00 87 Page 2 of 2 Financial Project No. 435846-1-84-01 Contract No. ARE86 Agreement Date EXHIBIT "D" STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency: Florida Department of Transportation State Project Title: TRANSIT CORRIDOR PROGRAM CSFA Number: 55.013 *Award Amount: $501,299.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.013 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.013 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https:Happs.fldfs.com/fsaa/compliance.aspx RK Page 1 of 1 GRANT NAME:- FDOT Transit Corridor Grant GRANT #: ARE86 AMOUNT OF GRANT: $99,750 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Phillip J. Matson PHONE #: (772) 226-1455 1. How long is the grant for? Five Years Starting Date: May 22, 2014 011.12 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: N/A % 012.14 Worker's Compensation 5. Grant match amount required: 0 Soc. Sec. Medicare Matching $ 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? $ N/A Fourth Year $ 7. Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs? $ $ (Attach a detailed listing of costs.) $ 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? 89 Grant Amount Other Matching Costs Match Total First Year $99,750 $ $ $99,750 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 89 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner DATE:. May 8, 2017 SUBJECT: Request for Authorization to Submit an FY 2017 Grant Application for 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 16, 2017. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received grant funds under 49 USC Ch. 53, Section 5307. Those funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed route) and the Community Coach (demand response) transit services. According to federal regulations, Section 5307 program grants may be used for the planning, acquisition, construction, improvement, and operating costs of facilities, equipment, and associated capital maintenance items used in mass transportation service. While operating expenses require a 50% nonfederal match, capital expenses require only a 20% nonfederal soft match (which effectively provides for 100% federal funding of capital expenses). In Indian River County, state toll revenue credits are utilized as a soft match to provide the required nonfederal share for the capital expenses portion of the Section 5307 grant. The use of a soft match eliminates the need for the County to provide a cash outlay for capital expenses. According to applicable regulations, toll revenue credits may be used as soft match only for the capital portion of a Section 5307 grant. For operating expenses, however, the nonfederal share is provided through a combination of local funds and Florida Department of Transportation (FDOT) public transportation grant funds. \\10.176.2.252\granicus_nas\insite\files\IRCG\Attachments\aa8aff8f-965e-4595-8ef4-cc2c9ab9el20.docx 90 ANALYSIS For FY 2017, the SRA has requested that the County apply for federal Section 5307 funds on the SRA's behalf so that the SRA can provide for the continuation and expansion of its GoLine/Community Coach fixed route and demand response bus services. As proposed, the grant will allow the Senior Resource Association to leverage local and state funds to continue and expand needed public transportation services within Indian River County. A copy of the County's proposed FY 2017 Section 5307 grant application is provided in Attachment # 1. As required by Federal Transit Administration (FTA) regulations, the attached grant application was prepared using FTA's Transit Award Management System (TrAMS) software. As it has in the past, the FTA requires grantees to utilize its TrAMS software in the development, submittal, modification, and management of Section 5307 grants. As indicated in the attached grant application, the total proposed budget amount is $5,000,000. Of that amount, the federal portion is $3,400,000. That includes both capital and operating grant funds. Overall, the federal share of the proposed budget consists of $1,800,000 in capital expenditures and $1,600,000 in operating expenditures. For the nonfederal share of capital expenditures ($360,000), the County will use toll revenue credits as a soft match. Because a soft match is non-cash, this amount is not included in the project total. For the nonfederal share of operating expenditures (50%), the match will consist of $800,000 in FDOT grants and $800,000 from Indian River County. In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. According to Section 5307 grant application requirements, the designated recipient (Indian River County) must hold a public hearing to obtain the views of citizens on the proposed grant application. In keeping with that requirement, staff has published a notice of the public hearing. As a necessary prerequisite for submittal of this Section 5307 application, the MPO has included the proposed Section 5307 funding in its FY 2017-2021 Transportation Improvement Program (TIP). The proposed grant application is also consistent with the MPO's adopted ten year Transit Development Plan and 2040 Long Range Transportation Plan. To apply for Section 5307 funds, the Board of County Commissioners must adopt the attached resolution (Attachment #2), authorizing staff to submit the attached grant application. The resolution has been reviewed and approved by the County Attorney's Office. FUNDING Funding in the amount of $800,000 is budgeted and available in the General Fund / Community Transportation Coordinator account (Account Number 00111041-088230). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. \\10.176:2.252\granicus_nas\insite\files\IRCG\Attachments\aa8aff8f--965e-4595-8ef4-cc2c9ab9e120.docx 91 RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution authorizing the filing of the attached FY 2017 Section 5307 grant application. ATTACHMENTS 1. Indian River County FY 2017 Grant Application for 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance 2. Resolution Authorizing the Filing of a 49 USC Ch. 53, Section 5307 FY 2017 Mass Transit Capital and Operating Assistance Grant Application 3. Grant Budget Forms \\10.176.2.252\granicus_nas\insite\files\IRCGWttachments\aa8aff8f-965e-4595-8ef4-cc2c9ab9e120.docx 92 DOT U.S. Department of Transportation Application FTA Federal Transit Administration Federal Award Identification Number (FAIN) 5630-2017-1 Temporary Application Number x'5630-2017-1 Application Name 2017 Capital and Operating Assistance Application Status 'In -Progress �I Application Budget Number 0 Part 1: Recipient Information Name: Indian River, County Of Recipient Recipient OST Recipient Alias Recipient ID Type DUNS 5630 County Agency INDIAN RIVER COUNTY BOARD OF COUNTY 079208989 COMMISSIONERS Location Type Address City State Zip Headquarters 1800 27TH ST BLDG B VERO BEACH FL 329603328 Physical Address 1800 27TH ST BLDG B VERO BEACH FL 32960 Mailing Address 1801 27TH STREET VERO BEACH FL 32960 Union Information There are no union contacts for this application Part 2: Application Information Title: 2017 Capital and Operating Assistance FAIN Application Application Date Last Updated From Status Type Created Date TEAM? 5630-2017- In -Progress Grant 5/4/2017 5/4/2017 No 1 93 Application Start Date The start date will be set to the date of the award Application End Date Application Executive Summary executive summary Frequency of Milestone Progress Reports (MPR) No Selection Made Frequency of Federal Financial Reports (FFR) No Selection Made Does this application include funds for research and/or development activities? No Selection Made Pre -Award Authority Yes, this award is using Pre -Award Authority. Does this application include suballocation funds? No Selection Made Will this Grant be using Lapsing Funds? No Selection Made Will indirect costs be applied to this application? No Selection Made Indirect Rate Details: N/A Requires E.O. 12372 Review No, this application does not require E.O. 12372 Review. Delinquent Federal Debt No, my organization does not have delinquent federal debt. Application Point of Contact Information First Name Last Name Title E-mail Address Phone Brian Freeman Senior Planner bfreeman@ircgov.com 772-226-1990 Application Budget Control Totals Funding Source Section of CFDA Amount Statute Number 49 USC 5307 - (MAP 21) Urbanized Area Formula (FY2013 and forward) 5307-2A 20507 $3,400,000 Local $800,000 94 Local/In-Kind $0 State $800,000 State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Total Eligible Cost $5,000,000 Application Budget Project Numbe r Budget Item FTA Amount Non -FTA Amount Total Eligible Amount Quantit y 5630- 2017-1- 00 1 BUS - ROLLING STOCK $550,000.00 $0.00 $550,000.00 0 P1 O 5630- BUY 2017-1- 11.12.03 REPLACEMENT $550,000.00 $0.00 $550,000.00 0 P1 30 -FT BUS 5630- 113- 2017-1- 00 BUS - $15,000.00 $0.00 $15,000.00 0 P1 (113 STATION/STOPS/TERMINALS 5630- ACQUIRE - BUS 2017-1- 11.32.09 ROUTE $15,000.00 $0.00 $15,000.00 0 P1 SIGNING 5630- 114-' 2017-1- 00 BUS: SUPPORT EQUIP AND $114,000.00 $0.00 $114,000.00 0 P1 (114 FACILITIES 5630- ACQUIRE - 2017-1- 11.42.06 SHOP $20,000.00 $0.00 $20,000.00 0 P1 EQUIPMENT 5630- 2017-1- ACQUIRE - ADP 11.42.07 $10,000.00 $0.00 $10,000.00 0 P1 HARDWARE 5630- ACQUIRE - 2017-1- 11.42.09 MOBILE $34,000.00 $0.00 $34,000.00 0 P1 SURV/SECURIT Y EQUIP 5630- ACQUIRE - ADA 2017-1- 11.42.43 VEHICLE $50,000.00 $0.00 $50,000.00 0 P1 EQUIPMENT 5630- 116- 2017-1- 00 SIGNAL & COMM EQUIPMENT $5,000.00 $0.00 $5,000.00 0 P1 (116 (BUS) 95 5630- PURCHASE 2017-1- 11.62.03 $5,000.00 P1 RADIOS 117- ' . . .5630- 2017-1- 007 OTHER CAPITAL ITEMS (BUS) $926,000.00 P1 O 5630- PROJECT 2017-1- 11.79.00 ADMINISTRATIO $32,824.00 P1 N 5630- PREVENTIVE 2017-1- 11.7A.00 MAINTENANCE $713,176.00 P1 5630- NON FIXED 2017-1- 11.7C.00 ROUTE ADA $180,000.00 P1 PARATRANSIT 5630- 119- 2017-1- 00 Bus Associated Transit $190,000.00 P1 (119 Improvements 5630- PURCHASE BUS 2017-1- 11.92.02 SHELTERS $150,000.00 P1 5630- PURCHASE 2017-1- 11.92.08 SIGNAGE P1 5630- 300- 2017-1- 0000 OPERATING ASSISTANCE P2 5630- UP TO 50% 2017-1- 30.09.01 FEDERAL P2 SHARE $40,000.00 $0.00 $5,000.00 $0.00 $926,000.00 $0.00 $32,824.00 $0.00 $713,176.00 $0.00 $180,000.00 $0.00 $190,000.00 $0.00 $150,000.00 $0.00 $40,000.00 $1,600,000.0 $1,600,000.0 $3,200,000.0 0 0 0 $1,600,000.0 $1,600,000.0 $3,200,000.0 0 0 0 Earmark and Discretionary Allocations This application does not contain earmarks or discretionary allocations. Part 3: Project Information RE 1 RE No 0 7 a M ,7 Project Title: Capital Assistance Project Number Temporary Project Number Date Created Start Date End Date 5630 -2017 -1 -PI 5630-2017-1-P1 5/8/2017 Project Description Capital assistance will provide funding for vehicles, transit stop improvements, computer hardware, security equipment, communication equipment, ADA accessibility equipment, preventive maintenance, 96 project administration, and non -fixed route ADA paratransit service. All Intelligent Transportation Systems (ITS) equipment/components are compatible with both Regional and National ITS architectures. All new buses and vans will be wheelchair -accessible using either ADA -compliant lifts or ramps. Project Benefits The project will for the replacement of existing vehicles and equipment that have exceeded useful life requirements. The project is necessary to maintain a reliable public transportation system. Additional Information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo. Project Location (Urbanized Areas) UZA Code Area Name 120000 Florida 123920 Sebastian --Vero Beach South --Florida Ridge, FL Congressional District Information State District Representative Florida 8 Bill Posey Project Control Totals Funding Source Section of CFDA Amount Statute Number 49 USC 5307 - (MAP 21) Urbanized Area Formula 5307-2A 20507 $1,800,000 (FY2013 and forward) Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Total Eligible Cost $1,800,000 97 Project Budget Project FTA Non- Total Number Budget Item Amount FTA Eligible Quantity Amount Amount 5630- 111- 2017-1- 0 0 1- BUS - ROLLING STOCK $550,000.00 $0.00 $550,000.00 0 P1 ) 5630- BUY 2017-1- 11.12.03 REPLACEMENT $550,000.00 $0.00 $550,000.00 0 P1 30 -FT BUS 5630- 113- 2017-1- 00 (113- BUS - STATION/STOPS/TERMINALS $15,000.00, $0.00 $15,000.00 0 P1 5630- 2017-1- ACQUIRE - BUS 11.32.09 $15,000.00 $0.00 $15,000.00 0 P1 ROUTE SIGNING 5630- 114- 2017-1- 00 BUS: SUPPORT EQUIP AND $114,000.00 $0.00 $114,000.00 0 P1 (114- FACILITIES 5630- 2017-1- ACQUIRE - SHOP 11.42.06 $20,000.00 $0.00 $20,000.00 0 P1 EQUIPMENT 5630- 2017-1- ACQUIRE - ADP 11.42.07 $10,000.00 $0.00 $10,000.00 0 j P1 HARDWARE 5630- ACQUIRE - 2017-1- 11.42.09 MOBILE $34,000.00 $0.00 $34,000.00 0 P1 SURV/SECURITY EQUIP 5630- ACQUIRE - ADA 2017-1- 11.42.43 VEHICLE $50,000.00 $0.00 $50,000.00 0 P1 EQUIPMENT 5630- 116- 2017-1- 100 SIGNAL & COMM EQUIPMENT $5,000.00 $0.00 $5,000.00 0 P1 (116- (BUS) 5630- 2017-1- PURCHASE 11.62.03 $5,000.00 $0.00 $5,000.00 0 P1 RADIOS 5630- 117- 20 0 0 7- OTHER CAPITAL ITEMS (BUS) $926,000.00 $0.00 $926,000.00 0 2117-1- a- 5630- 2017-1- P1 5630- 2017-1- P1 11.79.00 PROJECT $32,824.00 $0.00 $32,824.00 ADMINISTRATION 11.7A.00 PREVENTIVE MAINTENANCE 5630- NON FIXED 2017-1- 11.7C.00 ROUTE ADA P1 PARATRANSIT SERVICE $713,176.00 $0.00 $713,176.00 $180,000.00 $0.00 $180,000.00 a a v r 1,119- l5630- l W FBus Associated Transit ;2017 -1 -(119 -';Improvements $190,000.00 $0.00':$190,000.00 0 iP1 5630- PURCHASE BUS 2017-1- 11.92.02 P1 SHELTERS 5630- PURCHASE 2017-1- 11.92.08 SIGNAGE P1 $150,000.00 $0.00 $150,000.00 0 $40,000.00 $0.00 $40,000.00 0 Project Title: Operating Assistance Project Number Temporary Project Number Date Created Start Date End Date 5630-2017-1-P2 5630-2017-1-P2 5/8/2017 Project Description Operating assistance for Indian River County's GoLine fixed route system and Community Coach demand response service. Project Benefits This project will allow for the preservation and expansion of the GoLine and Community Coach public transportation services. Additional Information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo. Project Location (Urbanized Areas) 99 UZA Code Area Name 120000 Florida 123920'Sebastian--VeroBeach South --Florida Ridge, FL Congressional District Information State District Representative Florida 8 Bill Posey Project Control Totals Funding Source Section of CFDA Amount Statute Number 49 USC 5307 - (MAP 21) Urbanized Area Formula 5307-2A 20507 $1,600,000 (FY2013 and forward) Local $800,000 Local/In-Kind $0 State $800,000 State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Total Eligible Cost $3,200,000 Project Budget Project Budget Item FTA Amount Non -FTA Total Eligible Quantity Number Amount Amount 300- 5630-2017-1- 00 OPERATING $1,600,000.00 $1,600,000.00 $3,200,000.00 0 P2 (300- ASSISTANCE UP TO 5563 0-2017-1- 30.09.01 FEDERAL $1,600,000.00 $1,600,000.00 $3,200,000.00 0 SHARE 100 RESOLUTION NO. 2017 -fig B A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE FILING OF A FY 2017 GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE. WHEREAS, the Federal Transit Administration (FTA) is authorized to award Section 5307 grant funds for the implementation of a mass transportation program of projects; WHEREAS, Indian River County and the Indian River County Senior Resource Association utilize FTA Section 5307 funds to provide needed public transportation services within the County; and WHEREAS, in applying for FTA Section 5307 funds, Indian River County and the Indian River County Senior Resource Association will comply with all applicable federal regulations and requirements associated with the Section 5307 program. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUN'T'Y COMMISSIONERS: That the Community Development Director or his designee is authorized to file applications on behalf of Indian River County with the U.S. Department of Transportation to finance and implement the capital and operating program of projects specified in the County's FY 2017 grant application under 49 USC Chapter 53, Section 5307. That the Chairman of the Indian River County Board of County Commissioners, the County Attorney, and/or Community Development Director are authorized to execute, and the Community Development Director is authorized to file with such application, an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. That the Community Development Director or his designee is authorized to execute grant agreements with the U.S. Department of "rransportation to finance and implement the program of projects specified in the County's FY 2017 grant application under 49 USC Chapter 53, Section 5307. 4. That the County Administrator is authorized to set forth and execute necessary Disadvantaged Business Enterprise (DBE) policies in connection with such application as specified in the County's adopted DBE plan and in accordance with the federal requirements of 49 CFR Part 26. 5. That the Community Development Director or his designee is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the County's FY 2017 grant application under 49 USC Chapter 53, Section 5307. THIS RESOLUTION was moved for adoption by Carmissioner Sol ar; , and the F \Community Development\Uscrs\MPO\Transit\Grants\55307\2017\bcc resolution.docx Page I of 2 101 RESOLUTION NO. 2017 - 048 motion was seconded by rrymiSsinn _r Z=c , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher AYE Vice -Chairman Peter D. O'Bryan AYE Commissioner Susan Adams AYE Commissioner Bob Solari AYE Commissioner Tim Zorc AYE The Chairperson thereupon declared the resolution duly passed and adopted this 16th day of May , 2017. BOARD OF COUNTY INDIAN RIVER COU By: Attest: Jeffrey mith, Clerk f ourt and By: Deputy Cle c oseph E. er, Chairn#ad ' �9�AR'FR GOUNr I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Joseph E. Flescher, as Chairman of the Board of County Commissioners, and Maureen Gelfo , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 16th day of May , 2017. , U,L Notary Publi FT -654 APPROV S TO EG SUP I IENCY Misty L. Pursel' My CcNpAiLsion Expires January 11, 2018 By - Dylan Remgol County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Stan Boli, AICP, Director Commun.Development Department FACommunity Developmcnt\Users%MPO\Transit\Grants\5307\2017\bcc nsolution.docx Page 2 of 2 102 GRANT NAME: 49 USC,Ch. 53 Sec. 5307 FTA Grant (Operating and Capital) GRANT #: 5630-2017-1 AMOUNT OF GRANT: $5,000,000 (Federal; State and Local); $3.400,000 (Federal Section 5307) DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990 1. How long is the grant for? One Year Starting Date: October 1, 2016 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of grant to match: 50% (applies to operating component only Retirement Contributions 5. Grant match amount required: $1,600,000 Life and Health Insurance 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Local match consists of $800,000 County match already budgeted in general funds and $800,000 in FDOT grant funds 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? $ (Attach a detailed listing of costs.) $0 (Capital portion also being applied for) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) $ Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching Third Year TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $800,000 lU3 Grant Amount Other Matching Costs Match Total First Year $3,400,000 $ $800,000 in local funds & $800,000 in FDOT grants $5,000,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ lU3 EXHIBIT C [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002) "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check or credit card payment. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For .example, no expenditures prior to October 1st may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 301h) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the,deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application., The County reserves the right to decline reimbursement for any expense as deemed necessary." 104 EXHIBIT D . STANDARD TERMS FOR GRANT CONTRACT 1. Venue: Choice .of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor. The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment. This Contract may not be assigned by the Subrecipient without the prior written consent of the County. 105 EXHIBIT E 000 • Aft 0 Senior Resource Association Cost Allocation Plan Updated July 1, 2017 By Jennifer Johnson Chief Financial Officer 694 14" Street • Vero Beach, FL 32960 • PH: 772.569.0760 • FX: 772.778.7272 • SeniorResourceAssociation.org Providing activities, education and services 106 Cost Allocation Plan. Senior Resource Association, Inc. EIN: 59-1539957 694 14" Street Vero Beach, Fl. 32960 772.569.0760 Contact Person(s): Karen Deigl, Chief Executive Officer, President Email: kdeigl@sramail.org Jennifer Johnson, Chief Financial Officer, Vice President Email: jjohnson@sramail.org Purpose/General Statements Senior Resource Association (SRA) was incorporated as a nonprofit organization in January 1974 to provide programs and services designed to promote an active, healthy, independent lifestyle for older adults. SRA assists seniors and their families in finding resources they seek, delivers quality, professional services designed to meet a senior's individual needs and provides programs and volunteer opportunities for active older adults. SRA administers a variety of programs funded by Federal, State, and Local agencies. Key programs include: Nutrition Services, Adult Day Services, Case Managed Services, Information and Referral, and Transportation. The purpose of this cost allocation plan is to summarize, in writing, the methods and procedures that Senior Resource Association, Inc. (SRA) will use to allocate indirect costs to programs and grants. The proposal is for a Cost Allocation Plan (Plan) to cover the period of July 1, 2017 and ending June 30, 2018. OMB Circular A-122, "Cost Principles for Non -Profit Organizations," establishes the principles for determining costs of grants, contracts and other agreements with the Federal Government. Senior Resource Association's Cost Allocation Plan is based on the Direct Allocation method described in OMB Circular A-122. The Direct Allocation Method treats all costs as direct costs except general administration and general expenses. Direct costs are those that can be identified specifically with a. particular final cost objective. Indirect costs are those that have been incurred for common or joint objectives and cannot be readily identified with a particular final cost objective. SRA maintains adequate internal controls to insure that no cost is charged both directly and indirectly to Federal, State or Local grants. Only costs that are allowable, in accordance with the cost principles, will be allocated to grants by Senior Resource Association. The. Cost Allocation Plan is updated annually after the budget 699 141' Street • Vero Beach, FL 32960 • PH: 772.569.0760 • FX: 772.778.7272 • SeniorResourceAssociation.org Providing activities, education and services 107 has been approved by SRA's Board of Directors. In January of the grant year, the wage & salaries budget is updated. If the variance is greater than 2%, then the cost allocation percentages are updated. General Approach The general approach of Senior Resource Association in allocating costs to particular programs and grants is as follows: A. All allowable direct costs are charged directly to the program and grant. B. Allowable direct costs that can be identified to more than one program are prorated individually as direct costs using a base which is most appropriate to the particular cost being prorated. C. All other allowable general and administrative costs (costs that benefit all programs and cannot be identified to a specific program) are allocated to programs and grants using a base that results in an equitable distribution. ALLOCATION OF COSTS The following information summarizes the procedure that is used by Senior Resource Association: A. Direct expenses are allocated to each program/grant that incurred the expenses. B. Indirect expenses that benefit more than one program will be allocated to those programs based on the ratio of each program's salaries to the total of such salaries (see Schedule A). C. Indirect expenses that benefit all programs will be allocated based on the ratio of each program's salaries to total salaries (see Schedule A). Indirect cost may include the cost of operating and maintaining administrative facilities, general administration and general expenses, such as the salaries and expenses of executive officers, personnel administration and accounting. D. Unallowable Costs — Costs that are unallowable in accordance with OMB Circular A-122, including alcoholic beverages, bad debts, advertising (other than help - wanted ads), contributions, entertainment, fines and penalties, and fundraising, are not allocated to Federal or State grants. 694 14" Street • Vero Beach, FL 32960 • PFI: 772.569.0760 • FX: 772.778.7272 • SeniorResourceAssociation.org Providing activities, education and services 108 Schedule A - Allocation Methodology Fiscal Year 2017-2018 Indirect Cost Allocated to All Departments Department Description Wages % Apartments $ 38,600 1.5% Development $ 99,008 3.7% Case Management $ 116,228 4.4% Adult Day Service Vero Beach $ 266,458 10.0% Adult .Day Service Sebastian $ 148,159 5.6% Meals on Wheels $ 149,163 5.6% Congregate Meals $ 27,892 1.1% Community Coach $ 725,334 27.2% GoLine $ 1,096,500 41.1% Total $ 2,667,342 100% Programs & Transit ONLY - no Apartments Department Description Wages % Development $ 99,008 3.8% Case Management $ 116,228 4.4% Adult Day Service Vero Beach $ 266,458 10.1% Adult Day Service Sebastian $ 148,159 5.6% Meals on Wheels $ 149,163 5.7% Congregate Meals $ 27,892 1.1% Community Coach $ 725,334 27.6% Goline $ 1,096,500 41.7% Total $ 2,628,742 100% 694 141 Street • Vero Beach, FL 32960 • PH: 772.569.0760 • FX: 772.778.7272 • SeniorResourceAssociation.org Providing activities, education and services 109 Programs Only 6,400 Square Feet Department Description Wages % Case Management $106,122 16.4% Adult Day Service Vero Beach $243,292 37.6% Adult Day Service Sebastian $135,277 20.9% Meals on Wheels $136,195 21.1% Congregate Meals $25,467 3.9% Total $646,353 100% Transportation 6,400 Square Feet Department Description Amount % GoLine $ 1,096,500 60% Community Coach $ 725,334 40% Total $ 1,821,834 100% Adult Day Care 6,400 Square Feet Department Description Amount % ADC Sebastian $ 243,292 64.3% ADC Vero Beach $ 135,277 35.7% Total $ 378,569 100% Schuman Center - Overhead expenses - based on.Sq ft 6,400 Square Feet % HDM 1,500 23% CNML 500 8% ADCVB 4,400 69% 6,400 100% Sebastian - overhead expenses - based on Sq.ft 5,940 Square Feet % Sebastian ADC 5,340 90% Sebastian HDM 600 10% 5,940 100% 694 l4'^ Street - Vero Beach, FL 32960 - PH: 772.569.0760 - FX: 772.778.7272 • SeniorResourceAssociation.org Providing activities, education and services 110 Cost Allocation Plan Certification This is to certify that I have reviewed the cost allocation plan submitted herewith and to the best of my knowledge and belief that: (1) the information contained in the Plan was prepared in accordance with 2 CFR Part 230, (2) the costs have been accorded consistent treatment in accordance with generally accepted accounting principles, (3) an adequate accounting and statistical system exists to support claims that will be made under the Plan, (4) the information provided in support of the Cost Allocation Plan is accurate, and (5) all federally unallowable costs have been excluded from allocations. declare that the foregoing is true and correct. _ Date lennif7rhas n CFO/Vie vresident Senior Resource Association Cost Allocation Approval I hereby approv he ost Allocation Plan for Senior Resource Association described within: Date laso Bro n County AAministrator Indian Iver County 694 14" Street • Vero Beach., FL 32960 • PH: 772.569.0760 • FX: 772.778.7272 • SeniorResourceAssociation.org Providing activities, education and services 111 8,C. CONSENT AGENDA May 22, 2018 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 14, 2018 SUBJECT: Out of County Travel to attend the 2018 Florida Governor's Conference on Tourism FROM: Misty L. Pursel, Commissioner Assistant, District 1 Out of County travel is being requested for Commissioners and Staff to attend the 2018 Florida Governor's Conference on Tourism scheduled for September 12-14, 2018. For more information regarding registration and accommodations, please visit the following web site: htti)://floridatourismconference.com/ 112 Home - Florida Governor's Conference on Tourism Florida Governor's Conference on To... -iI f,, FLORIDA mm" TOURISM Florida Governor's Conference on Tourism September 12 -14, 2018 Omni Orlando Resort at Championsgate • Championsgate, FL REGISTER NOW 123 19 44 53 DAYS HOURS MIN SEC The Premier Educational Conference for the Florida Tourism Industry The annual Florida Governor's Conference on Tourism brings together the tourism industry, state leaders, advertising agencies and travel experts to explore the latest trends and opportunities for the industry. SEE WHO'S COMING Thank You GC18 Sponsors! miles E PART N E R rJ H I �CHEDULE 113 http://floridatourismconference.com/ 5/11/2018 . De CONSENT 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, MBV Engineering, Inc. Old Dixie Highway and Highland Drive (IRC -1362) DATE: April 30, 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. 1 is to provide survey, design and permitting services to add water main relocation along Old Dixie Highway and Highland Drive in conjunction with roadway and drainage improvements currently under design by MBV Engineering, Inc. Work Order No. 1 is for a total lump sum amount of $20,000.00. FUNDING Funding forthis project is derived from the R & R account in the operating fund. The operating fund budget is derived from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Water Main Replacement — Old Dixie Highway & Highland Drive 47123536-044699-18522 $20,000.00 RECOMMENDATION Staff recommends approval of Work Order No. 1 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. 1 on their behalf for a lump sum amount of $20,000.00. ATTACHMENTS Work Order No. 1 DISTRIBUTION MBV Engineering, Inc. AGENDA ITEM FOR MAY 22, 2018 114 C:\Usmrs egistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@EC3FADCC\ BCL@EC3FADCC.doc WORK ORDER 1 . Old Dixie Highway and Highland Drive Water Main Replacement IRC Project No. 1362 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 17"' 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: By: Title: 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 115 EXHIBIT A - SCOPE OF WORK Indian River County Engineering Department is currently in the design phase of a roadway restoration project located at Highland Drive and Old Dixie Highway. Currently multiple utilities exist within the vicinity, some of which are in need of replacement due to either the age or the material type. As such, the Indian River County Department of Utilities is looking to replace portions of the existing water mains that fall within the limits of roadway improvements. A description of the proposed water main replacements is as follows: Replace the existing 12" AC (asbestos concrete) water main along the north side of Highland Drive with a 12" PVC pipe; from the west FEC r/w line to just west of Old Dixie Highway Abandon the existing 4" and 6" AC water main along the west side of Old Dixie Highway, from Highland Drive to 1st Avenue SE. As such, MBV Engineering will provide the design, permitting, bidding assistance and construction services related to the above activities. Survey The Consultant will utilize the existing boundary and topographic survey for the area to receive the improvements. Design Services a. Construction Plans The Consultant will prepare 11" x 17" design drawings for the above described improvements. The design drawings will include existing conditions plan, Demolition and Abandonment Plan, Erosion Control Plan, Horizontal Utility Plan, ROW Restoration Plan, Section Details, Utility Details, and Erosion Control Details. These plans will be prepared concurrently with existing roadway intersection improvement plans for Highland Drive and Old Dixie Highway. b. County Reviews The Consultant will coordinate with the COUNTY staff during design development for progress reviews at approximately 90 and 100 percent levels of design completion. Construction Cost Estimate The Consultant will prepare . a Conceptual Cost Estimate to assist COUNTY with preliminary budget assistance. Consultant will also provide an additional Cost Estimate at the 100% percent only level of the project. Specifications The Consultant will prepare the technical specifications for the proposed improvements. The County will provide, in an electronic format, the Division specifications that are applicable and the Consultant will modify them as required to make the sections project specific. Permitting The Consultant will prepare the following permit applications and associated submittals for the following agencies: 116 • Indian River County Utility Permit • Indian River County Right -of -Way Permit • FDEP Water Distribution Permit No endangered species or other ecological permitting is anticipated or included herein. The County will be responsible for permit fees. Bidding Services The Consultant will assist the County with Bidding Services as described below: • Attendance at one (1) Pre -Bid meeting • Provide technical responses for one addendum to clarify the bid documents. The County shall be responsible for distributing addendum responses to bidders. • Evaluate received bids and provide an award recommendation 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 bid documents for the County's use in distributing bid documents to prospective bidders via DemandStar. Construction Services Once authorized by the County, the Consultant will proceed with the construction phase services described below by their specific task on an hourly, not to exceed, basis. The Consultant shall be the "Engineer of Record" (EOR) for the project construction and shall be responsible for certifications to the applicable permit agencies, as required. • Shop Drawings The Consultant shall provide shop drawing review, as provided by the contractor, up to two times per submittal for conformance with the contract documents. The Consultant shall distribute shop drawings to applicable agencies for review and approval and distribute final approved shop drawings back to the Contractor. Contractor is responsible for submittal of appropriate number of shop drawings, as required by agencies, to EOR at the appropriate time. • Interpretations and Clarifications The Consultant shall provide interpretations and clarifications of the design documents when requested and prepare change orders required for clarification. • Periodic Site Visits The Consultant shall visit the site at intervals appropriate to the various stages of construction to observe progress and quality of the construction and its general conformance with the contract documents. The Consultant shall notify the County of observed work that does not conform to the contract documents, make recommendations to the County for its correction, and, when authorized by the County, issue instructions to the Contractor through the County's representative to carry out the corrective measures. 117 Additionally, the Consultant will conduct substantial and final completion visits and will prepare a. punch list to be. provided to the County. Construction Testing Reports Review The Consultant shall review the required site materials testing reports for compliance with the design plan and specifications. It shall be the responsibility of the Contractor to obtain and provide the Consultant with the require materials testing reports, as set forth in the design specifications. The Contractor shall only utilize a licensed, certified testing laboratory for the applicable material test in question. The Consultant shall coordinate any deficiencies in said reports with the contractor and the Contractor shall be responsible to address and / or correct those items out of compliance. • Pay Request Review The Consultant shall review, recommend and submit to the County Project Manager for payment, the month pay request form from the Contractor. Change Orders The Consultant shall review all change order requests and make recommendations to the County Project Manager for acceptance. Record Drawings and Certifications The Consultant shall review the record drawings for the completed project, as provided by the Contractor. The Consultant will review the record drawings pursuant to contract documents. The service provider will work closely with the Contractor to address deficiencies in record drawings, if applicable, and to finalize for jurisdictional certifications. The Consultant shall complete the certification package, as required for project close-out, with the applicable jurisdictional agencies. DELIVERABLES The Consultant shall provide the COUNTY with the following: • One (1) hard copy 11" x 17" of the Final Drawings (prepared in conjunction with the Public Works plans) • One (1) hard copy of the specifications • One (1) electronic version (PDF) of the Bid Documents (drawings and specifications) • Technical responses for one addenda, as required, for clarifying responses from the pre-bid meeting • Bid award recommendation letter 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 Design Services $16,000 Permitting/ Bidding Services $ 2,000 Construction Services $ 2,000 Work Authorization 1 Total $20,000 118 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: Design Services 90 days from the issuance of the NTP Permitting 90 days from the completion of design Bidding Services 60 days from the finalization of permitting Construction Services On-going during construction 119 S ' E. CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 11, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Rejection of Bids for Fire Station 8 Concrete Replacement (Bid 2018053) BACKGROUND: The Fire Rescue Department requested the solicitation of sealed bids for removal and replacement of concrete driveway aprons on the east and west sides of the operational overhead doors at Station 8. The work is anticipated to entail approximately 15,000 square feet of paving and the installation of approximately 25 linear feet of new culvert pipe. Currently station personnel are only using the rear entrance to the station for the equipment due to current conditions. BID RESULTS: Advertising Date: March 18, 2018 Bid Opening Date: April 12, 2018 Demandstar Broadcast to: 379 Subscribers Specifications/Plans Downloaded by: 16 Vendors Replies: 4 Vendors Bidders Name Location Total Cost McTeague Construction Stuart $112,685.00 Delahoz Builders Sebastian $127,715.00 Purkit Construction West Melbourne $177,740.00 Sunshine Land Design Stuart $234,857.28 ANALYSIS: The department had anticipated a cost of $60,000 for the work, however the low bid received was double the amount of funds available to complete the work. The Department has requested sufficient funding for next fiscal year to cover the cost as bid. 120 CONSENT AGENDA The bid documents note the authority to the Board to reject any and all bids, and the right to make no award under the bid. Staff recommends the received bids be rejected and a new bid be issued for award at the beginning of the next fiscal year, when sufficient funding is available. SOURCE OF FUNDS: The cost to advertise a new bid is estimated to be $91 and is available in the Emergency Services District/Fire Rescue Division/Legal Ads Account: 11412022-034910. RECOMMENDATION: Staff recommends the Board reject the bids received for Bid 2018053 and authorize the Fire Rescue Department to revise the specifications and the Purchasing Division to release a new invitation to bid for the subject work. 121 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services / Recreation Division /y CONSENT AGENDA BCC Meeting May 22, 2018 Date: May 11, 2018 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Michael Redstone, Recreation Manager Subject: Approval of the Special Olympics Florida Aquatic Championships Agreement for the Swimming Event to be held at North County Aquatic Center and for the Opening Ceremony to be held at the iG Center It is requested that the information herein presented be given formal consideration by the Board of County Commission at its regular meeting May 22, 2018. DESCRIPTIONS AND CONDITIONS: The Indian River County Recreation Department will be hosting the State of Florida Special Olympics Aquatic Championship Meet at the North County Aquatic Center on October 6 & 7, 2018. This will be the 12th consecutive year the meet has been held here in Indian River County. This Special Olympics competition is a means to achieve physical fitness, self-esteem and life skills necessary to be productive, respected and contributing members of their communities. This two-day event hosts over 350 athletes for both long and short course events. The event would not be possible without the contributions of over 300 volunteers from our community. Both the Indian River County Recreation Department and the Special Olympics Florida, Inc. a Florida not- for-profit corporation desire to continue the agreement for use of the North County Aquatic Center and the iG Center in 2018, 2019 and 2020. The term of the Agreement is for three years, they get exclusive use of the NCAC, iG Center, help of the County Recreation staff, volunteers and sponsors dedicated to supporting the event. The Athletes, Coaches, Care Givers, Parents and Supporters will stay in Indian River County hotels, eat in local restaurants and shop in local stores. To help offset the cost of swim meet, Special Olympics Florida group shall pay to the County the sum of $1700.00 for 2018, $1700.00 for 2019 and $2250.00 for 2020. Additionally the Recreation Department will submit a Grant Application to the Treasure Coast Sports Commission. The event is anticipated to generate over 500 hotel rooms nights providing a substantial economic impact to Indian River County. RECOMMENDATION: Staff recommends that the Board approve the Agreement between Indian River County and Special Olympics Florida, Inc. for the use of the North County Aquatic Center and the iG Center and authorize the Chairman to sign. ATTACHMENT(s): Agreement between Special Olympics of Florida, Inc. and Indian River County for the . use of the North County Aquatic Center and iG Recreation Center. 122 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@60183316\@BCL@6C183316.doc AGREEMENT BETWEEN SPECIAL OLYMPICS FLORIDA AND INDIAN RIVER COUNTY FOR USE OF THE NORTH COUNTY AQUATICS CENTER AND INTERGENERATIONAL CENTER This Agreement dated this _L�_ day of 4 , 2018, between Special Olympics Florida, Inc., a Florida not for prdfk corporation, whose address is 1915 Don Wickham Road, Clermont, FL 34711 (Special Olympics Florida) and INDIAN RIVER COUNTY, a political subdivision of the State of Florida whose address is 1801 27th Street, Vero Beach, Florida 32960 (County) as of the date set forth below as the effective date (the effective date). WHEREAS, Indian River County owns and operates the North County Aquatics Center located at 9450 950 Street, Sebastian, Florida and the Intergenerational Center located at 1590 Vh Street SW, Vero Beach, Florida; and WHEREAS, Special Olympics Florida was founded in 1972, and provides year-round sports training and competition to over 18,000 children and adults with intellectual disabilities, at no cost to the athlete or their caregiver, and WHEREAS, Special Olympic competitions are a. means to achieve physical fitness, self-esteem and the life skills necessary to be productive, respected and contributing members of their, communities; and WHEREAS, Special Olympics Florida holds an annual state championship swim meet; and WHEREAS, for the past several years, Special Olympics has held the State Championship swim meet at the North County Aquatic Center and the opening ceremonies per said event at the Intergenerational Center, and WHEREAS, Special Olympics Florida, the County, competitors and their families have been immensely satisfied with participation, volunteerism, location and quality of the swim meets and facilities at North County Aquatic Center and the Intergenerational Center; and WHEREAS, the parties desire to memorialize the agreement for use of the North County Aquatic Center and Intergenerational Center for the mutual benefit of the parties, NOW, THEREFORE, in consideration of the mutual benefits to be derived from this Agreement, the parties agree as follows: 1. The recitals set forth above are true and correct and incorporated by reference herein. 2. This Agreement shall encompass years 2018, 2019 and 2020. 123 3. The County agrees to reserve the North County Aquatic Center and the Intergenerational Recreation Center for the exclusive use of Special Olympics Florida the first full weekend of October 2018, 2019 and 2020 for use by Special Olympics Florida for their state. championship swim meet and opening ceremony. The County shall also supply for the event the following: A. Sufficient life guards and staff necessary for the safe and efficient operation of the pool during the swim. meet. B. Provide for Indian River County Emergency Medical Services personnel to be on site during the meet and opening ceremonies. C. Sufficient bleachers as may safely fit at the Aquatic Center for athletes and spectators. D. A timing system for use during the swim meet. E. The County will coordinate the location of the opening ceremonies. 4. During the course of the swim meet and opening ceremony, Special Olympics Florida will provide the following: A. A score board operator and event announcer B. Swim meet officials C. Tents, tables and chairs sufficient for registration or other administrative duties necessitated by the swim meet D. Sound equipment need for the swim meet E. Signage and any awards given to the participants F. A DJ or announcer for the opening ceremony G. Food and water for athletes, coaches, staff and volunteers H. Special Olympics Florida will be responsible for set up of the tent, tables and chairs their delivery and breakdown before and after the meet. The County will assist with location and set up at both facilities. I. Meal for athletes, coaches, staff and volunteers at opening ceremony 5. Special Olympics Florida will coordinate with the Treasure Coast Sports Commission to reserve hotel space for the athletes, parents and coaches. 6. Not less than 30 days prior to the swim meet, Special Olympics Florida will supply proof of insurance to the County, attention Dave Smith. The coverage provided shall be as follows: Liability Insurance Company: The insurance company must have a rating by A.M. Best Company of at least AN. Minimum dollar amount and types required: Five Million Dollars ($5,000,000) general liability and Five Hundred Thousand Dollars ($500,000) auto liability. The county shall be named as an additional insured on all required insurance. 7. In order to supply sufficient lifeguards and staff for the swim meet, Special Olympics Florida shall provide the. County with a good faith estimate of the number of participants 14 days in advance of the date of the opening ceremonies for the meet. 1) 124 8. To help off -set the cost of swim meet, Special Olympics Florida shall pay to the County the sum of $1000.00 for 2018, $1000.00 for 2019 and $1250.00 for 2020 that the state championship swim meet is held at the North County Aquatic Center. To help offset the cost of. the Opening Ceremony at the Intergenerational Recreation Center, Special Olympics Florida will pay to the County the sum $700.00 for 2018, $700.00 for 2019 and $1000.00 for 2020. Payment shall be made 30 days prior to the date of the event for that particular year. 9. If Special Olympics Florida does not pay all fees and provide all necessary insurance certificates within the times specified herein, this Agreement shall be void. 10. Indemnifications and Waiver of Claims. Special Olympics Florida assumes all risks and agrees to indemnify fully and save and hold harmless the County, its officers, employees, and agents, against all claims, damages, losses, judgments, liabilities, accidents or injuries to person(s) or property, and causes of action, including reasonable attorney's fees and court costs, arising out of, or caused directly or indirectly, by conduct, acts, omission, or negligence of any participants in the event, Special Olympics Florida, its visitors, agents, and employees. The County, its officers, employees, and agents, shall not be liable for, and Special Olympics Florida hereby releases all claims for, damages to, or loss of, personal property sustained by Special Olympics Florida, its visitors, agents, and employees, or any person claiming by or through Special Olympics Florida, resulting from any fire, accident, occurrence, theft, or condition in or upon the Facility or the North County Regional Park facilities of which it is a part, or of adjoining or contiguous property, facilities, or buildings, provided such are not due to the sole negligence or willful misconduct of County, its officers, agents or employees. 11. Cancellation. This Agreement is subject to cancellation by either Special Olympics Florida or the County, provided written notification is received by the non -canceling party 60 days prior to the opening ceremonies, without penalty or obligation on the part of the cancelling party. 12. Facility Unavailability Disclaimer. The County assumes no responsibility for circumstances that may require the closing of the facility due to conditions that would render it unfit for public usage due to inclement weather, state health department or other regulatory agencies' requirements. In the event of such occurrence, it is the responsibility of Special Olympics Florida to obtain alternative facilities and the County would refund any fees for unused full days only (no partial day refunds), and thereupon the County shall have no further liability to Special Olympics Florida in this regard. 13. Approval. The County Administrator shall have the final recommending authority on this Agreement. 125 14. Governing Law. The laws of the State of Florida shall govern this Agreement and any and all legal action instituted because of this Agreement. shall be instituted in Indian River County for all court matters, and in the Southern District of Florida for all federal "court matters, 15. Entirety of Agreement. This Agreement incorporates and includes all prior and emporaneous negotiations, correspondence, conversations, agreements, or understandings cable to the matters contained herein and the parties agree that there are no commitments, or understandings of any nature whatsoever concerning the subject matter of this Agreement that are not contained in this Agreement No supplement, modification, or amendment to this Agreement will be binding unless signed -in writing by the County and the Applicant. 16. Severability. In the event any of the provisions of this Agreement are deemed to be enforceability of the remaining provisions of this Agreement shall not be affected. IN WITNESS WHEREOF, the Board of County Commissioners and Special Olympics Florida, Inc. have caused this Agreement to be executed by their respective duly authorized officers. SPECIAL OLYMPICS FLORIDA, INC. By: QuQw— Date Signed: g I I I ATTEST: Jeffrey R. Smith, Clerk And Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney BOARD OF COUNTYOMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Approved: Approved: 4 Jason E. Brown, County Administrator 126 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: First Amendment to Custodial Services Between Indian River County and American Janitorial, Inc. DATE: May 14, 2018 DESCRIPTION AND CONDITIONS On March 6, 2018 the Board of County Commissioners approved the agreement with American Janitorial, Inc. for custodial services in County facilities. The Sebastian Tax Collector's Offices was inadvertently left off the list of buildings to be cleaned. Attached is the first amendment to the custodial services agreement with American Janitorial, Inc. which adds services at the Sebastian Tax Collector's Offices to the existing agreement. These offices are approximately 3,364 square feet and will be an additional $687.27 per month. FUNDING Funding will come from Facilities Management — Other Contractual Services account 00122019-033490. RECOMMENDATION Staff recommends the Board approve the First Amendment to Custodial Services Between Indian River County and American Janitorial, Inc. Staff further recommends the Board approve the agreement and authorize the Chairman to execute it after review and approval by the County Attorney as to form and legal sufficiency. APPROVED AGENDA ITEM FOR May 22, 2018 127 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@001 9723F\@BCL@001 9723F.doc FIRST AMENDMENT TO CUSTODIAL SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY ("OWNER") AND AMERICAN JANITORIAL, INC. ("CONTRACTOR") THIS FIRST AMENDMENT to Custodial Services Agreement is by and between OWNER and CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: RECITALS WHEREAS, On March 6, 2018, OWNER and CONTRACTOR entered into the Custodial Services Agreement (the "Agreement"); and WHEREAS, it is necessary to amend the Agreement to include services at the Sebastian Tax Collector's offices, approximately 3,364 square feet, for an additional $687.27 per month; NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: Section 1. Section 1.2 of the Agreement I hereby amended to include the following facility: Sebastian Tax Collector's Offices Section 2. Exhibit 2 of the Agreement is amended to include the Sebastian Tax Collector's Offices, approximately 3,364 square feet, for an additional $687.27 per month for a total monthly amount of $3,180.27 and an annual amount of $8,247.24 for a total annual amount of $38,163.24 for Group 5: Tax Collector Facilities. Section 3. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, OWNER and CONTRACTOR have executed this First Amendment this _ day of 2018. OWNER: INDIAN RIVER COUNTY CONTRACTOR: American Janitorial By: By: Peter D. O'Bryan, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Attest (CORPORATE SEAL) 128 9. 4. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator I THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Manny Cabo, Telecommunications Manager SUBJECT: AT&T ABN Long -Distance Calling Agreement - Extension DATE: May 16, 2018 BACKGROUND The AT&T ABN (AT&T Business Network) - long-distance calling agreement with Indian River County BOCC was approved, and executed by the County Administrator on June 30th, 2008. The original term of this IRC agreement with AT&T was 3 years from date of acceptance. The AT&T agreement expired on June 30th 2011. For reasons unknown to current IRC Telecommunications Manager and the Purchasing Manager (who now oversees the mailroom/switchboard, from whose account long distance costs are paid), the AT&T ABN long-distance agreement was never renewed. AT&T has been honoring the ABN agreement pricing structure, month to month, since expiration of the agreement. Recently, AT&T has been escalating efforts to convert all legacy AT&T Central Office equipment and services to new IP -based network Telecommunications systems. VoIP (Voice over IP) a network communications protocol, is one of the new Telecommunications services that are IP -network based. Recently AT&T has been increasing costs on long-distance calling services to everyone who does not have a currently active long-distance calling agreement. We have observed a 46% increase in long distance costs over the six-month average on the April invoices, and this extension will reduce our costs to the original contact agreement costs. AT&T refused the Telecommunications Manager's request to.refund that overage, due to the extensive duration the agreement has been lapsed. ANALYSIS AT&T legacy Voice Communications systems such as PRI (Primary Rate Interface), Centrex analog telephone lines, and 1 FB analog telephone services, are historically served out of AT&T Central Office locations, which are part of the legacy PSTN (Public Switched Telephone Network). AT&T is looking to retire all, or most of these old telecommunications services sites. The current projected date, which continues to be adjusted, based on information provided to County Telecommunications Department by AT&T, is sometime in 2020. The new IP -based network services will be served out of service resilient NOC (Network Operations Center) locations, from which AT ISP Internet services also originate. One of these new network Telecommunications services that will replace the old AT&T copper -based PRI services, that the County primary functions on for PBX telephone communications services is known as SIP Trunking (Session Initiated Protocol). County is currently in the process of converting our legacy PRI Telecommunications Trunks to the new SIP Trunking services. Once that is 129 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@70188284\@BCL@70188284.docx implemented, the referenced AT&T long-distance services agreement with at&t will no longer be relevant, as long-distance calling over SIP Trunks is charged as part of the main contracted service, and is not billed on a 'per call' basis as is currently done by AT&T. In light of the current intensions of IRC to migrate toward the new SIP trunking services and away from the legacy PRI services, which will not be available for much longer, AT&T has provided the County with a 12 -month extension to the original AT&T ABN long-distance calling agreement. This agreement will bring the County's long-distance pricing structure back to the original agreement rates, until we migrate to SIP Trunking services for County long-distance calling services. The rates on the expired AT&T ABN long-distance calling contract included the following: $1,000 Annual Revenue Commitment $.045 per minute Interstate calling rate 33% discount on Intrastate calling outside the Southeast LATA (Local Access Transport Area) FUNDING AT&T long distance charges are paid from Mailroom/Telephone General Fund account 00125119-034110. RECOMMENDATION IRC Staff recommends that the Board of County Commissioners approve and authorize the County Administrator to execute, the proposed 12 -month extension to the AT&T ABN long-distance calling agreement, until County migrates to SIP Trunking services, or the entire IRC long-distance calling agreement with AT&T is re -negotiated at the end of the proposed 12 -month agreement extension. ATTACHMENT AT&T Business Network Short Term Agreement Original 2008 AT&T Business Network with Multi -Service Agreement APPROVED AGENDA ITEM FOR: May 22, 2018 130 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@70188284\@BCL@70188284.docx AT&T BUSINESS NETWORK SERVICE (ABN) SHORT TERM ARRANGEMENT AT&T MA Reference No. 139535 Customer "Customer" AT&T "AT&T" Indian River County AT&T Corp. 1800 27th Street B: Vero Beach FL 32960 USA Name: Customer Contact (for notices) AT&T Sales Contact Information and for Contract Notices ❑ Primary Sales Contact Name: Manny Cabo Account Rep Name: Nancy Vinez Title: Network Administrator Title: Account Manager Telephone: 772-226-1318 Fax: Telephone: 561-568-3971 Fax: Email: E-mail: mcabo@ircgov.com nv5238@att.com Address for notices, if different from above: Street Address: 11760 US Hwy 1, 31 Floor Street Address City: North Palm Beach State: FL Zip Code: 33408 City With a copy to: State Zip Code AT&T Corp. USA One AT&T Way, Bedminster, NJ 07921-0752 Customer Account Number or Master Account Number: Attn: Master Agreement Support Team E-mail: mast@att.com AT&T Authorized Agent or Representative Information if applicable) ❑ Primary Sales Contact Name: Company Name: Agent Street Address: City: State: Zip Code: Telephone: Fax: Email: Agent Code This Short Term Arrangement is part of the Agreement between AT&T and Customer referenced above, and the Parties agree this Arrangement supersedes the expired ABN Pricing Schedule No. SIMP34509 on the Term Start Date, set forth below. The Parties acknowledge the intent of this Arrangement is to provide Customer rates for services provided under the expired ABN Pricing Schedule for the Term of this Arrangement; therefore, the Parties agree, the terms and conditions of the expired ABN Pricing Schedule are incorporated by reference herein as if originally set forth herein and govern this Arrangement. This Short Tenn Arrangement cannot be extended or renewed. Customer AT&T (by its authorized representative) (by its authorized representative) B: B: Name: Name: Title: Title: Date: Date: abn_short_term_arrangement.doc AT&T and Customer Confidential Information 05.31.17v2 no_e cs_processing Pae 1 of 2 1 131 For AT&T Administrative Use Only Master Agreement No. Short Term Arrangement for AT&T Business Network Service 1. SERVICES Service I Service Publication Location AT&T Business Network (ABN) Service I http://serviceguidenew.att.com/sg flashPlaverPa /ABN 2. SHORT TERM ARRANGEMENT TERM AND EFFECTIVE DATES Term 12 months Term Start Date First day of first full billing cycle following implementation of this Arrangement in AT&T's billing system. Effective Date of Rates and Discounts First day of first full billing cycle following implementation of this Arrangement in AT&T's billing system. 3. MARC MARC under this Arran ement MARC during last year of expired ABN Pricing Schedule. 4. MARC -ELIGIBLE CHARGES MARC -Eligible Charges specified in the expired ABN Pricing Schedule apply to this Arrangement. 5. DISCOUNTS Discounts specified in expired ABN Pricing Schedule will be applied to this Arrangement. 6. PROMOTIONS, CREDITS, WAIVERS AND MINIMUM RETENTION PERIODS 6.1 Promotions Service Guide promotions are not applicable under this Arrangement. 6.2 Credits No credits apply to this Arrangement. 6.3 Waivers Waivers, if any, specified in expired ABN Pricing Schedule shall apply to this Arrangement. 7. RATES Rates specified in the expired ABN Pricing Schedule are incorporated herein. abn_short_term_arrangement.doc AT&T and Customer Confidential Information 05.31.17v2 no epcs—processing I Page 2 of 2 1 132 JUL 1 62000 Mm INI BBS SALES APB AT&T MA Reference No, At Z6 Z 2C 080721 -0L1Z1 AT&T Businoss Network Sorvice (ABN) with Multi-Servico Agreement Customor AT&T AT&T Sales Contact ® Primary Contact Indian River County AT&T Corp. Name: Nancy Vinci Street Address: 180027th Streit or enter the International Afllllate Name Streel Address: 701 Northpoint PL•wy City: Vero Beach -Sf�`� U City: west palm Beach State/Provinco: Fl [3 On the regional address [3 OnAT&T Way, Bedminster, NJ 07921 Stalo/Province: FI Zip Code: 32960 2600 Camino Ramon, San Ramon, CA 94583 [J 2600 Code: 33407 Country: USA [] 225 W. Randolph SL, Chicago, IL 60605 Country: USA ❑ One AUT Plata, Dallas, TX 75202 Telephone: 561.640-6668 ❑ 310 Orange Street Havon, CT 06510 I= 800-505-4552 .,New ® 2180 Lake Blvd., Floor, Allanla, GA 30319 Email: nvS238@att.com Sales/Branch Manager. Mika King or enter International Affiliate Address SCUP Name: Rusty Rhodea Sales Strata: BCS CEM SE Sales Region: Southeast Customer Contact (for notices) AT&T Contact (for notices) AT&T Solutlon Provider or Represorttative information of applicab10 [) Name: Terry Smith Street Address: Name: Title: Network Administrator City: Company Name: Street Address: 1800 27th Street Stale/Provinco: Street Address: Cily: Vero Bcach ZP Godo: City: State/Province: F1 Country: State/Province: Zip Code: 32960 With a copy to: Zip Code - Country: Country- USA AT&T Corp, Telephone: Telephone: 772-226-1318 One AT&T Way Fax Fax Bedminster. NJ 07921-0752 Email: Email: mmhh@ircgov.com ATTN: Master Agreement Support Team Agent Code: Email: mastaalt.com This AT&T Multi -Service Agreemont and Pricing Schodulo (and any Pricing Schedule subsoquentiy executed by the parties that references this Services Agreement) Is subject Io rho attached Terns and Conditions (collectively, the "Agreement'). This Agreement incorporates the rates, terms and conditions set forth In the AT&T Service Guido located at htto://new.rerviceguide.ait,eom, http://www servicenuido.att.com/AIRS ext or http:!/www.ait-cam/abslservicenuido, or In the AT&T Acceptable Use Polley located at www.att.mm/auo, and in the AT&T Business Communications Service Agreement located at httn://www.businoso.an.com/agreement!, each as amended from time to time. To the a)dont of any conflict between this Agreement and the AT&T Service Guide, AT&T Accoptable Use Policy or the AT&T Business Communications Service Agreemont, this Agreement shall take precedence. In addition, any Addendum to an "Attachment" or to the "Mastor Agreement' referencing this Agroomont shall be doomed to be an Addendum to the attached Torms and Conditions, Customer (by Its authorized ro rosonlative) AT&T AT&T (by Its authorized re 1ativeK B. A8. 2 a: JOSEPH A. BAS RD Name Jar strong on alf of S. Markiewicz Title: COUNTY ADMINISTRATOR Title: Date 12d UG' Date: 7 Z -Sf�`� U CORM i e _ Customer Conadentlal Information Pagel of 4 Zi L SSC-UNT COUNTY ATipRNEY 133 MuIll-Service Agreomont Terms and Conditions C4nir7, cl Prices, Taxes and Surcharges: Unless otherwise staled in a Pricing Schedule, other than f0rVoIP and resold local oxchange service tho rates and charges stated In the Pddng Schedule ars stabilized for The lerm of the Pricing Sdiedule (tho'Tannl, but do not Include taxes and regulatory charges which are not slabfilzed You Pro responsible for all applicable taxes and regulatory surcharges. Regulatory surcharges, Including but not limited to UCC, USF, PICC and payphono charges, are specified in the AT&T Service Guide. Upon expiration of the Torm and subject to any Police periods set forth in the Service Guide and to any appricable minimum payment or retention periods. the Services will continuo on a month•lo-monih basis during which AT&T may modity the rains, charges, lemtis and conditions applicable to the Service covered by such Pricing Schedule on thirty (30) days' prior nolica. Payment and Deposits; Payment Is due thirty (30) days eller tho Invoice date and must rotor to Invoice number. Restrictive endorsemonts or other statements on checks will not apply. For overdue payments, AT&T may aswas a late fee of the lower of 1.5°% per month (18% per annum) or the maximum rale allowed by law and all cosis (Including attorney fees) of collecting delinquent or dishonored payments. AT&T may require you to pay a deposit or incmaso an exlsdng deposit as a condition of providing Services. You authorize AT&T to Investigate your credit hlstory at any kmo and to share credit information about you with credit reporting agencies, if annual MARC - Eligible racurring and usago charges (after discaums and credits) do not equal or excoed the MARC In Your Pricing Schedule, You will be billod an amount equal le the unsatisfied MARC for the oontracl year. Termination and Termination Charges; Erthor party may lemiinato for material breach upon thirty (30) days prior written notice to [he other parry. H a Pricing Schodulo is terminated by You for convenience or by AT&T for cause before the and of the Term, You will be billed an edify termination Charge of 50% of tho unsatlstted MARC remaining in the Term. if a Servico Component is terminated during its minimum retention poriod You must pay any associated crodfrs, waivers or unpaid amortized charges. N a Service Component is tormFnaled during its minimum paymenf porfod, You must pay the applW151a amounf of the monthly charge mulh'p9adby the months remaining in the period Mmitatlon of Liability, EITHER PARTY'S ENTIRE LIABILITY (OTHER THAN CUSTOMER'S LIABILITY FOR PROPERLY DUE CHARGES) AND THE OTHER PARTY'S EXCLUSIVE REMEDIES FOR ANY CLAIMS ARISING IN CONNECTION WiTH THIS AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED IN THE AGGREGATE DURING ANY TWELVE-MONTH PERIOD THE TOTAL NET PAYMENTS PAYABLE BY YOU FOR THE AFFECTED SERVICE DURING THE THREE MONTHS PRECEDING THE MONTH IN WHICH THE DAMAGE OCCURRED. NEITHER PARTY SHAD. BE LIABLE FOR ANY INDIRECT, INCIDENTAL CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL. DAMAGES, INCLUDING UWGES FOR LAST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR INCREASED COST OF OPERATIONS, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AT&T SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING T0: INTEROPERABILITY, INTERACTION, ACCESS OR INTERCONNECTION PROBLEMS WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS NOT PROVIDED BY AT&T; SERVICE INTERRUPTIONS OR LOST OR ALTERED MESSAGES OR TRANSMISSIONS (EXCEPT TO THE EXTENT CREDIT ALLOWANCES ARE SPECIFIED IN THE AT&T SERVICE GUIDE; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF YOUR, USERS' OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORK OR SYSTEMS. Disclatmer of Warranties: AT&T MAKES NO EXPRESS OR tMPLIED WARRANTY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AT&T DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR -FREE. AT&T DOES NOT WARRANT NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATATHAT IS SENT, BACKED UP, STORK OR SUBJECT TO LOAD BALANCING, OR THAT AT&7'S SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF. OR IMPROPER ACCESS T0, YOUR DATA AND INFORMATION. Bllfln0 and 011pules; If You do not dispute a Charge In writing within 6 months after the invoice date, You waive the dispute. AT&T must issue a bill wilhtn six (6) months attar the month in which the charges wero Incurmd (other than for aularnatad or ilve operated assistarl cells) or It waives the charges. Wu merit AT&T shelf retain all right, Wo or Interest in AT&T equipment and no ovrrtersltip rights In AT&T equipment shall transfer to You. You must provide electric power and a suitable and secure environment [me from envlmnmonlai hazards. tar AT&T equipment, and You shall keep the AT&T equipment Ime from all lions, charges, and encumbrances. AT&T equipment shaft not be removed, reiooaiod rnodlfied, Interfered with, or attached to non -AT&T equipment without prior writlen euthodzation from AT&T. Tito to and risk of loss of equipment AT&T sells You ff urchasod Equipment') will pass, to You as of the delivery data, upon which dols AT&T will have no further obligations of any kind with respoct to that Purchased Equipmont, except as set forth to an applicable Attachment, Pricing Schedule or Service Guido. it You do not accept the Purchased Equipment, Lha Purchased Equipment must be rotumod to the manufacturer. AT&T will obtain hem the manufacturer and forward to You a Return Material Aulhorization. AT&T relaft a purchase money secudly interest in all Purchased Equipment until You pay for It In lull; You appoint AT&T as Your agent to sign and ills a linandeg statement to perfect AT&Ts secudly Interest All Purchased Equipment is provided on an AS iS' basis, except that A T&T will pass through to you any wominfles available from its suppliers, to the extent that AT&T is permitted to do so under its contrails with those suppliers. Resala Prohibited: Unless applicable local low or regulation mandates otherwise, You may not rosall the Services to third parkas. Governing Lew Unless applicable law requires otherwise, stalo law Issues concerning the construction, Interpretation and performance of this Agrecmarit shall be govemod by the laws of the State of Now York, U.SA, excluding its choico of law rotes. Lnilre Agreement: THIS AGREEMENT, THE AT&T SERVICE GUIDE, THE AT&T ACCEPTABLE USE POLICY AND THE AT&T BUSINESS COMMUNICATIONS SERVICE AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, REPRESENTATIONS, STATEMENTS OR UNDERSTANDINGS, WHETHER WRITTEN OR ORAL CONCERNING THE SERVICES, THIS AGREEMENT SFWl NOT BE MODIFIED OR SUPPLEMENTED BY ANY WRITTEN OR ORAL STATEMENTS, PROPOSALS, REPRESENTATIONS, ADVERTISEMENTS, SERVICE DESCRIPTIONS OR YOUR PURCHASE ORDER FORMS NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. Doc ID: ARN34509GCO - SIMPVOICEI K3YiR V4 — 211108 AT&T and Customer Con(fdentlal Information Page 2 of 4 134 For AT&T Administrative Use Only The rates, discounts and other provisions in this Pricing Schedule are contingent upon signature by both parties on or Mastor Agreement No. before August 31, 2008, Pricing Schedule for AT&T Business Network Service 1. SERVICES AT&T Bus;inoss Network (ASN) Service 2. PRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Term Start Date Effective Date of Rates Schedule S1,000 and Discounts form switched access which Credit Is 3 years First day of first full First day of first full Outbound Monthly billing cycle after billing cycle after 525.00 Installation of ABN Installation of ABN $50.00 Sarvlce I Service Upon expiration of Thu terms and conditions of this Pricing Pricing Schedulo Schedule will renew on a month-to-month Torm basis until terminated by either party on 30 days prior written notice ('Extension Period), except that during the Extension Period the rales undor this Schedule are changed as follows: a) If the Servicoc aro subloct to a Servico Guide or a filed Tariff, tho rates In this Pricing Schedule will automatically be Increased to the then - currant Monthly Extension rates specified in tho Service Guide or Tariff, or, If no Monthly Extension rato Is specified, the rata for the Services for the Extension Period shall be equal to the rates under this Pricing Schedule plus, 200%; b) credit, If any, under this Pricing Schedule do not 3. MARC 4. MARC -ELIGIBLE CHARGES • ASN Service Including eligible Voice, Access, Local and Intrastate Services purchased undor the ABN Service offer 5. NOT T USED 6. PROMOTIONS, CREnITS WAIVERS AND MINIMUM WmUDION AND PAYMENT PERIODS 6.1 Promotions Service Guido pmmalions are not applicable under this Pricing Schedule 6.2 Credits YEAR 1 1 YEAR 2 YEAR 3 MARC under this PrIcIr 5chodula S1,000 $1,000 $1,000 4. MARC -ELIGIBLE CHARGES • ASN Service Including eligible Voice, Access, Local and Intrastate Services purchased undor the ABN Service offer 5. NOT T USED 6. PROMOTIONS, CREnITS WAIVERS AND MINIMUM WmUDION AND PAYMENT PERIODS 6.1 Promotions Service Guido pmmalions are not applicable under this Pricing Schedule 6.2 Credits 6.3 Walvera Charges Walved Month of Pricing Schedule Term In which Charges are waived Month of Pricing Waivers as specified Total number of Schedule Torm In Amount switched access which Credit Is of CrodIr lines converted to bo Applied Outbound Monthly ell iblo for credit* None 525.00 1— 5 Imes 6� $50.00 8 —10 lines $75.00 11--15 lines $100.00 16 — 20 lines $125.00 21 — 25 Imes $150.00 26+ Imes 'AT&T will apply one of the above crodits based on the total number of switched access Imes that tho Customer converts from an AT&T Affiliated Compgny. 6.3 Walvera Charges Walved Month of Pricing Schedule Term In which Charges are waived Minimum Retention Period Waivers as specified WA 12 months In the SorAco Guide for ABN Sorvlce Outbound Monthly Every Month None Charges and Outbound Minimum usage requirement for Per Main Billed Account, Per Customer Location - Switched Access and Per Customer Locallon-Dedicalod Access Doc 10, ASN34509000 - SIMPVOICEI K3YR AT&T and Customer Confidential Information Page 3 of 4 V4 — 2/1/06 135 For AT&T Administrative Use Only The rates, discounts and other provisions in this Pricing Schedule are contingent upon signature by both parties on or Master Agreement No. before August 31, 2008. Pricing Schedule for AT&T Business Network Service 7 HATES AND DISCOUNTS 7.1 ABN Domestic andIntemetional Dial Station Outbound /inbound Calling ABN Service Voice and Com onent/Ca ablii Rate CPM' Outbound Componenti'CaPabillty Standard So.045e Partially Connected 50.0319 Fully Connected $0.0237 Calling Card $0.1497 Inbound Connecticut Standard $0.0456 Panlally Connected $0.0319 Fully Connected $0.0237 'Billed In Increments of 30 Second Initlal Period or Fraction, Each Additional Second or Fraction. Ratos displayed are not. ABN Sarvlce Volvo and State Discount Componenti'CaPabillty Discount Rate Reforones Intemallonal Voice 63% Par Service Guide a3 California 7% rovisod from lime to 20% Connecticut tirro ABN Local Voico and 33% Par Tariff as revised Intrastate Goo la I from time to limo ACCUNET TI S Service 75% Per Service Guide as Primary Rate Interface Illlnols revised from time to Office Functions 15% time Additional Discount for Intrastate lotalchargos State Discount Alabama 10% Arizona 30% Arkansas 5% California 7% Colorado 20% Connecticut 13% Delaware 7% Florida 20% Goo la 10% Hawaii 3% Idaho 15% Illlnols 10% Indiana 15% Iowa 3% Kansas 5% Kontu 7% Louisiana 10% Maine 7% Maryland 3% Massachusetts 10° Mich) an 15% Wrinasata 13% Missl."l i 7°% Additional Discount for Intrastate total char os State Discount Montane. 150/6 Nebraska 7% Nevada 209 Now Hampshire 3% New Jersey 3% Now Mexico 13% New York 5% North Carolina 3% Ohio 7% Okla oma 7% Ore cin 5% Pennsylvania 7% Rhode Island 7% South Carolina 7% South Dakota 3% Tennessee 5% Texas 7% Utah 20% Vermont 3% Vi inia 3% Washington 17% W .,t VI Inca 5% Wisconsin 7% Wyomina 17% 72 AT&T Terrestrlal 1.544 Mbus Local Channel Services Local Channel Mlleago Mcntht Charges* Fixed Charge Per Mlle Cha o 0.5 5223.30 $0.00 6-10 $286.44 $0.00 11-20 S385.77 $0.00 21-50 5575.19 50.00 51+ $535.15 56.18 `Rates displayed are net. Doc to, ASN34509GCO - SIMPVOICE1 K3YR AT&T and Customer Confidential Information Page 4 of 4 V4 — 2M/08 136 at&t AT&T business Network (ABN) "Loyalty Program" "Certification of Eligibility" This Certification of Eligibility for the AT&T ABN Loyalty Program ("Program') is required for participation in the "Program" as defined on the AT&T Business Service Guide located at www.att.com/serviceauidelbuslness. With this signed Certification and installation of a new ABN Term plan contract, Customer will receive additional discounts applied on a monthly basis to Customer's ASN Voice interstate LD and Intrastate LD originated switched calls (Standard). Eligibility requirements per the Service Guide require Customers to certlfy that their subscribed locations (per Attachment A) are using only local exchange service lines or trunks which are provided by one of the AT&T Company ILEC affillates within the following states: Arkansas, California, Connecticut, Illinois, Indiana, Kansas, Michigan, Missouri, Nevada, Ohio, Oklahoma, Texas, Wisconsin, Alabama, Georgia. Florida, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee; and/or Customers subscribed locations (per Attachment B) in the affiliate states listed above where AT&T is not the local service ILEC provider (Non-Served Areas). By signing below, Customer Is certifying that the locations as listed in Attachment A and/or B Is. complete and accurate, and complies with the conditions and limitations described In the paragraph above. Customer Entity ("Customer") Indian River County — Board of County Courmissioners AGREED: Customer 8. 6,,1 n., 0_� 4. ZaA-1-7d (Authdn idlorRepiesentative)-Joseph Baird, ounty Administrator EPH A. DAIRD Ned or Printed Name) COUNTY ADMINISTRATOR APPROVED AR To sn (Tille) rr,i ` 4D Y - 551STANT CpUtrrY AETTORrjey AT&T and Customer Confidenflol information This do=antand irdormetion contained herein may bo disd wd only fo auModzed persons, end maybe usod o* far auihodzadpurpwes, In acwrdanco Wth appikable agreomonts. Page 1 CIS Ahn1oymWom,we1e2007 137 ATTACHMENT A — AT&T ABN Loyalty Program Each Customer location you are subscribing to the ASN Loyalty program must havo 100% of the Incumbent Local Exchange Carriers (ILEC) services In the AT&T aifilfate status. List the Billing Telephone Number and physical location of each Customer location served by the ILEC's referenced in the Service Guide. Customer locations BillingTele hone Number example: 123 Main Street, An Town, IL 98765 -example: (123)458-7890 1800 27th Strect 8c180127th Street 772-226-1000 thru 1999 4225 43rd Ave 772-226.2820 thru 2859 2000 16th Ave 772-226-3000 tlim 3399 4225 43rd Ave 772-226.3400 thru 3499 4=5 43rd Ave 773-26-3701-4000 772-770-5000 thru 5499 772-978-1783 thru 7882 101 S Highway AIA 772 492-2405 772 492-2406 772 492-2407 772 492.2408 772 492-2414 772 492-2415 772 492-2411 772 492.2412 772 492-2413 772 492-2409 772 492-2410 772 492-1023 772 492-1026 772 492-2401 772 492-2402 772 492-2403 772 492-2404 1001 CP. 512 - Library 772 388-3697 772 581-7651 772 581-7652 772 581-7653 772 581-7654 772 581-7655 772581-7676 1001 Sebastian Boulevard, 772 589-1355 772 58111985 7725814986 11604 US Hwy 1 Utilities 772 589-6070 11604 US Hwy 1 Clerk of Court 772 388-0656 11604 US Hwy 1 Property Appraiser 772 581-4987 11604 US Hwy 1 Veterans Services 772 5814988 11604 US Hwy 1 Property Appraiser 7725814989 772 581-4990 772 581.4991 772 581.4992 7725814993 11604 US Hwy I Veterans Services 772 589-6597 772 3884481 772 388-4482 AT&T and Customer Confidend al Information Ibis dacumeni and Information contained herein may be disclosed only to authadzedpersms, and maybe used only forauthodred purposes, In accordance with applieaWe agreements. Page2 a( 5 AbnloyaerlfomwO8182007 138 11610 US Hwy 1 Tax Collector 772 388-6034 11610 US Hwy 1 'Tax Collector 772 581-7656 11610 US Hwy 1 Tax Collector 772 581-7657 11610 US liwy 1 Tax Collector 772 581-7658 11610 US Hwy 1 Tax Collector 772581-7659 772591-4940 772 581-4941 772 581-4942 772 581.4943 772 581-4944 772 388-4491 772 388-4492 772 388-4493 772 581-7661 772 581-7662 772581-7663 772 581-7664 772 581-7666 772 581-7667 772 581-7668 772 581-7686 772 581-7677 772 581-7678 772 589-6311 772 581-7690 772 581-7675 772 581-7669 772 581-7670 772 581-7671 772 581-7672 7725814995 772 581-7687 772 581-7688 772 589-4087 772581-7680 772 581-7681 772 581-7682 772581-7683 772 581-7684 772 5814996 772 581-7689 772 589-6119 772589-9223 772 581.11997 772 581-7673 772 581-7674 7725814999 772 581-7685 772 581-7679 772 581-7609 772 581-7611 772 581-7639 772 388-4480 772 5814994 772 581-7640 772 581-7649 AT&T and Customer Confidandal Infarrnatlon This decmwi and 1nfennalion cenlained horsin may be disclosed only to authorized persons, and may be used only forauft ized punas, in accerdanea with apppcable agreements. Page 3 of 5 Abntoycert(Ormv081620n7 7735 County Road 512, Fcllsmere 772 581-7660 772 581-7665 772 388.4498 772 388-4483 772 388-4484 772 388-4485 772 388-4486 772 388-0488 772 388.4487 772 388-4489 772 388-4490 772 388-4494 772 388-4495 772 388.4496 7723884497 772 388-4499 772 571-2303 772 571-2305 773 57 1-23 34 772 571-0248 772 571-2318 772 571-2344 772 571-2301 Please Note: For Customers with many locations, It Is acceptable to attach a list to this document. AT&T and Customer Confidential Infomifflon This document and information contained hamin maybe disclosed anly fo authorized poisons, and maybe used only for euthortzedpuiposes, in accordance with applicable agmemonts. Pago 4 of 5 Abnloycerllomtv081 fi2W 140 ATTACHMENT B — AT&T ABN Loyalty Program Each Customer location you are subscribing to the ABN Loyalty Program In the affiliate states are in Non -Served Areas and meet the eligibility requirements per the Service Guide. List the Billing Telephone Number and physical address for each Customer location (within the states listed on page 1 of this form) where AT&T does not provide local services from the list of AT&T ILEC's or AT&T Affiliate CLECs raferenced in the ABN Service Guide. Customer locations Billing Telephone Number example: 123 Main Street An Town IL 98755 example: 123 456-7890 AT&T and Customer Confidential infarmaiton This document and information waWned herein maybe disdasad only to authotizedpewm. and maybe used only toraWwdzed purposes, in a=nlahao with appkable agreements. Page s of s Aenioyconramn0e1 sz007 141 A PUBLIC HEARING (ADMINISTRATIVE) INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner DATE: May 14, 2018 SUBJECT: Request for Authorization to Submit Applications for Federal Transit Administration Grants for Capital and Operating Assistance for FY 2018 (Section 5307) and Bus Replacement for FYs 2016, 2017, and 2018 (Section 5339) It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 22, 2018. DESCRIPTION & CONDITIONS The Federal Transit Administration's Section 5307 (Urban Area Formula Grant) program provides funding assistance towards both the capital and operating costs associated with Indian River County public transportation system, which consists of the GoLine (fixed route) and the Community Coach (demand response) transit services. Both the GoLine and the Community Coach are operated by the Senior Resource Association (SRA), the county's transit service provider. Another FTA program is Section 5339 (Bus and Bus Facilities), which provides funding assistance for the purchase of buses (a capital expense). Together, the Section 5307 and 5339 programs cover most of the capital expenses associated with the GoLine and Community Coach. In addition, the Section 5307 program covers approximately half of the operating costs of the public transportation system, with the remainder covered by Florida Department of Transportation grants and local funds. ANALYSIS According to federal regulations, Section 5307 program grants may be used for the planning, acquisition, construction, improvement, and operating costs of facilities, equipment, and associated C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@CCIBF30E\@BCL@CCIBF30E.docx 142 capital maintenance items used in public transportation. Operating expenses require a 50% nonfederal match, which is provided through a combination of local funds and Florida Department of Transportation (FDOT) public transportation grant funds. For capital expenses, FDOT toll revenue credits are used as a 20% nonfederal soft match (which effectively provides for 100% federal funding of capital expenses). In Indian River County, state toll revenue credits are utilized as a soft match to provide the required nonfederal share for the capital expenses associated with the Sections 5307 and 5339 grants. The use of a soft match eliminates the need for the County to provide a cash outlay for capital expenses. According to applicable regulations, toll revenue credits may be used as soft match only for capital expenses. For operating expenses, however, the nonfederal share is provided through a combination of local funds and Florida Department of Transportation (FDOT) public transportation grant funds. Attached to this report are copies of the County's proposed applications for the Section 5307 grant and Section 5339 grant. As required by Federal Transit Administration (FTA) regulations, the grant applications were prepared using FTA's Transit Award Management System (TrAMS) software. As it has in the past, the FTA requires grantees to utilize its TrAMS software in the development, submittal, modification, and management of .grants. For the Section 5307 application for FY 2018 (Attachment #1), the total proposed budget amount is $4,845,227. Of that amount, the federal portion is $3,245,227, which consists of $1,645,227 in capital expenditures and $1,600,000 in operating expenditures. For the nonfederal share of capital expenditures ($411,307), the County will use toll revenue credits as a soft match. For the nonfederal share of operating expenditures (50%), the match will consist of $800,000 in FDOT grants and $800,000 from Indian River County. In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. The Section 5339 grant application is for $609,824 in capital assistance and includes funds that were appropriated during FYs 2016, 2017, and 2018. Prior to 2016, the Section 5339 grant program was administered on behalf of FTA by FDOT. At this time, the County is now able to apply directly with FTA for Section 5339 funds and to receive also the funds from the previous two years. As with the capital portion of the Section 5307 grant, the nonfederal share consists of toll revenue credits as a soft match in the amount of $152,456. According to federal grant requirements, the designated recipient (Indian River County) must hold a public hearing to obtain the views of citizens on the proposed grant application. In keeping with that requirement, staff has published a notice of the May 22nd public hearing. As a necessary prerequisite for submittal of the applications, the MPO has included the proposed Section 5307 funding in its FY 2018-2022 Transportation Improvement Program (TIP). The proposed grant application is also consistent with the MPO's adopted ten year Transit Development Plan and 2040 Long Range Transportation Plan. To apply for the FTA funds, the Board of County Commissioners must adopt the attached resolution (Attachment #3), authorizing staff to submit the attached grant applications. The resolution has been reviewed and approved by the County Attorney's Office. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@CC 1 13F30E\@BCL@CC 1 BF30E.docx 143 FUNDING For the local share of the nonfederal match, funding in the amount of $800,000 is budgeted and available in the General Fund / Community Transportation Coordinator account (Account Number 00111041-088230). These funds are part of the $1,083,333 allocation given to the Senior Resource Association to provide transit service in the county. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution authorizing the filing of the attached Section 5307 grant application for FY 2018 and Section 5339 grant application for FYs 2016, 2017, and 2018. ATTACHMENTS 1. Application for Section 5307 Public Transportation Capital and Operating Assistance 2. Application for Section 5339 Bus Replacement Assistance 3. Resolution Authorizing the Filing of Applications for Grant Funding Assistance from the Federal Transit Administration 4. Grant Budget Forms C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@CC1 BF30E\@BCL@CC1BF30E.docx 144 DOT U.S. Department of Transportation Application FTA Federal Transit Administration Federal Award Identification Number (FAIN) 5630-2018-2 Temporary Application Number 5630-2018-2 Application Name FY 2018 Capital & Operating Assistance Application Status In -Progress Application Budget Number 0 Part 1: Recipient Information Name: Indian River, County Of Recipient Recipient OST Recipient Alias Recipient ID Type DUNS INDIAN RIVER COUNTY BOARD OF COUNTY 5630 CountyAgency COMMISSIONERS 079208989 Location Type Address City State Zip Headquarters 1800 27TH ST BLDG B VERO BEACH FL 329603328 Physical Address 1800 27TH ST BLDG B VERO BEACH FL 32960 Mailing Address 1801 27TH STREET VERO BEACH FL 32960 Part 2: Application Information Title: FY 2018 Capital & Operating Assistance FAIN Application Application Date Last Updated From Status Type Created Date TEAM? 5630-2018- In -Progress Grant 1/22/2018 1/22/2018 No 2 Application Start Date The start date will be set to the date of the award Application End Date 9/29/2020 145 Application Executive Summary This FY 2018 grant provides capital and operating assistance for public transportation in Indian River County, which consists of the GoLine fixed route system and the Community Coach demand response service. The total eligible cost is $4,845,227, of which the federal share is $3,245,227. Of this amount, the federal operating assistance is $1,600,000. The nonfederal portion of operating assistance is $1,600,000 and will be provided through a combination of FDOT grant funds and local funds as approved by Indian River County. FDOT District 4 has authorized toll revenue credits in the amount of $411,307 in support of this application in the letter dated In accordance with federal regulations, a public hearing was conducted on May 22, 2018 and advertised in advance. A copy of the Florida Governor's Apportionment is attached. Frequency of Milestone Progress Reports (MPR) No Selection Made Frequency of Federal Financial Reports (FFR) No Selection Made Does this application include funds for research and/or development activities? This award does not include research and development activities. Pre -Award Authority This award is using Pre -Award Authority. Does this application include suballocation funds? Recipient organization is directly allocated these funds and is eligible to apply for and receive these funds directly. Will this Grant be using Lapsing Funds? No Selection Made Will indirect costs be applied to this application? This award does not include an indirect cost rate. Indirect Rate Details: N/A Requires E.O. 12372 Review No, this application does not require E.O. 12372 Review. Delinquent Federal Debt No, my organization does not have delinquent federal debt. Application Point of Contact Information First Name Last Name Title E-mail Address Phone Brian Freeman Senior Transportation Planner bfreeman@ircgov.com 772-226-1990 146 Application Budget Control Totals Funding Source Section of Statute CFDA Amount Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $3,245,227 forward) Total Eligible Amount Local $800,000 Local/In-Kind $0 State $800,000 State/In-Kind $0 Other Federal $0 Transportation Development Credit $411,307 Total Eligible Cost $4,845,227 Application Budget Project Numbe r Budget Item FTA Amount Non -FTA Amount Total Eligible Amount Quantit Y 5630- 2018-2- 00 1 BUS - ROLLING STOCK $396,275.00 $0.00 $396,275.00 0 P1 -) 5630- 2018-2- 11.12.0 BUY REPLACEMENT $396,275.00 $0.00 $396,275.00 0 P1 3 30 -FT BUS 5630- 114- 2018-2- 00 BUS: SUPPORT EQUIP AND $255,452.00 $0.00 $255,452.00 0 P1 (114 FACILITIES 5630- 2018-2- 11.42.0 ACQUIRE -SHOP $53,000.00 $0.00 $53,000.00 0 P1 6 EQUIPMENT 5630- 2018-2- 11.42.0 ACQUIRE - ADP $20,000.00 $0.00 $20,000.00 0 P1 7 HARDWARE 5630- 2018-2- 11.42.0 ACQUIRE - ADP $150,000.00 $0.00 $150,000.00 0 P1 8 SOFTWARE 5630- ACQUIRE - MOBILE 2018-2- 11.42.0 SURV/SECURITY $32,452.00 $0.00 $32,452.00 0. P1 9 EQUIP 5630- 116- 2018-2- 00 SIGNAL & COMM EQUIPMENT $100,000.00 $0.00 $100,000.00 0 P1 (116 (BUS) 147 5630- 2018-2- 00 $1600,000.0 OPERATING ASSISTANCE 11.62.0 3 PURCHASE RADIOS $100,000.00 $0.00 $100,000.00 P1 0 5630- 2018-2- 30.09.0 UP TO 50% FEDERAL $1,600,000.0 $1,600,000.0 $3,200,000.0 5630- 117- 0 0 2018-2- 0 0 7 ,OTHER CAPITAL ITEMS (BUS) $718,500.00 $0.00 $718,500.00 P1 -) 5630- 2018-2- 11.7A.0 PREVENTIVE $713,500.00 $0.00 $713,500.00 P1 0 MAINTENANCE 5630- EMPLOYEE 11.7D.0 2018-2- 2 EDUCATION/TRAININ $5,000.00 $0.00 $5,000.00 P1 G 5630- 119- 2018-2- 00 Bus Associated Transit $175,000.00 $0.00 $175,000.00 P1 (119 Improvements 5630- 2018-2- 11.92.0 PURCHASE BUS $100,000.00 $0.00 $100,000.00 P1 2 SHELTERS 5630- 2018-2- 11.92.0 PURCHASE $75,000.00 $0.00 $75,000.00 P1 g SIGNAGE 5630- 300 - 2018-2- 00 $1600,000.0 OPERATING ASSISTANCE $1,600,000.0 $3,200,000.0 P2 300 0 ( 0 0 5630- 2018-2- 30.09.0 UP TO 50% FEDERAL $1,600,000.0 $1,600,000.0 $3,200,000.0 P2 1 SHARE 0 0 0 Earmark and Discretionary Allocations This application does not contain earmarks or discretionary allocations. Cil AM R 0 is 7 7 0 181 148 DOT U.S. Department of Transportation Application Federal Transit Administration Federal Award Identification Number (FAIN) 5630-2018-1 Temporary Application Number 5630-2018-1 Application Name FY 16, 17 & 18 Bus Replacement (Section 5339) Application Status In -Progress Application Budget Number 0 Part 1: Recipient Information Name: Indian River, County Of Recipient Recipient OST Reciient Alias Recipient p ID Type DUNS INDIAN RIVER COUNTY BOARD OF COUNTY 5630 County Agency COMMISSIONERS 079208989 Location Type Address City State Zip Headquarters 1800 27TH ST BLDG_ B VERO BEACH FL 329603328 Physical Address 1800 27TH ST BLDG B VERO BEACH FL 32960 Mailing Address 180.1 27TH STREET VERO BEACH FL 32960 Part 2: Application Information Title: FY 16,17 & 18 Bus Replacement (Section 5339) FAIN Application Application Date Last Updated From Status Type Created Date TEAM? 5630-2018- In -Progress Grant 1 Application Start Date The start date will be set to the date of the award Application End Date 9/29/2020 1/22/2018 1/22/2018 No 149 Application Executive Summary This uses funds from FYs 2016, 2017 & 2018 from the Section 5339 (Bus and Bus Facilities) program. The grant's project is for the acquisition of replacement buses for Indian River County's public transportation system, which consists of the GoLine fixed route system and the Community Coach demand response service. The total eligible cost is $609,824, of which the federal share is $609,824. FDOT District 4 has authorized toll revenue credits in the amount of $152,456 in support of this application in the letter dated In accordance with federal regulations, a public hearing was conducted on May 22, 2018 and advertised in advance. A copy of the Florida Governor's Apportionment is attached. Frequency of Milestone Progress Reports (MPR) No Selection Made Frequency of Federal Financial Reports (FFR) No Selection Made Does this application include funds for research and/or development activities? This award does not include research and development activities. Pre -Award Authority This award is using Pre -Award Authority. Does this application include suballocation funds? Recipient organization is directly allocated these funds and is eligible to apply for and receive these funds directly. Will this Grant be using Lapsing Funds? No Selection Made Will indirect costs be applied to this application? This award does not include an indirect cost rate. Indirect Rate Details: N/A Requires E.0.12372 Review No, this application does not require E.O. 12372 Review. Delinquent Federal Debt No, my organization does.not have delinquent federal debt. Application Point of Contact Information First Name Last Name Title E-mail Address Phone Brian Freeman Senior Transportation Planner bfreeman@ircgov.com 772-226-1990 150 Application Budget Control Totals Funding Source Section of Statute CFDA Number Amount 5339 — Buses and Bus Facilities Formula 5339-1 20526 $609,824 Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $152,456 Total Eligible Cost $609,824 Application Budget Non- Total Project Number Budget Item FTA Amount FTA Eligible Quantity Amount Amount 111- 5630-2018-1-P1 00 BUS - ROLLING STOCK $609,824.00 $0.00 $609,824.00 0 (111-) BUY 5630-2018-1-P1 11.12.03 REPLACEMENT $609,824.00 $0.00 $609,824.00 0 30 -FT BUS Earmark and Discretionary Allocations This application does not contain earmarks or discretionary allocations. 151 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE FILING OF APPLICATIONS FOR GRANT FUNDING ASSISTANCE FROM THE FEDERAL TRANSIT ADMINISTRATION. WHEREAS, the Federal Transit Administration (FTA) is authorized to award Section 5307 and Section 5339 grant funds for the implementation of a public transportation program of projects; WHEREAS, Indian River County and the Indian River County Senior Resource Association utilize FTA Section 5307 and Section 5339 funds to provide needed public transportation services within the County; and WHEREAS, in applying for FTA Section 5307 and Section 5339 funds, Indian River County and the Indian River County Senior Resource Association will comply with all applicable federal regulations and requirements associated with the Section 5307 and Section 5339 programs. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Community Development Director or his designee is authorized to file applications on behalf of Indian River County with the Federal Transit Administration to finance and implement the capital and operating program of projects specified in the County's FY 2018 grant application under 49 USC Chapter 53, Section 5307 and 49 USC Chapter 53, Section 5339. 2. That the Chairman of the Indian River County Board of County Commissioners, the County Attorney, and/or Community Development Director are authorized to execute, and the Community Development Director is authorized to file with such application, an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the Community Development Director or his designee is authorized to execute grant agreements with the U.S. Department of Transportation to finance and implement the program of projects specified in the County's FY 2018 grant application under 49 USC Chapter 53, Section 5307 and 49 USC Chapter 53, Section 5339. 4. That the County Administrator is authorized to set forth and execute necessary Disadvantaged Business Enterprise (DBE) policies in connection with such application as specified in the County's adopted DBE plan and in accordance with the federal requirements of 49 CFR Part 26. 5. That .the Community Development Director or his designee is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the County's FY 2017 grant application under 49 USC Chapter 53, Section 5307 and 49 USC Chapter 53, Section 5339. 152 THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to 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 The Chairperson thereupon declared the resolution duly passed and adopted this 22nd day of May 92018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Peter D. O'Bryan, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 22nd day of Maw_, 2018. APPROVED AS TO LEGAL SUFFICIENCY lim Dylan Reingold County Attorney Notary Public SEAL: APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS Stan Boling, AICP, Director Community Development Department 153 GRANT NAME:_ _49 USC,Ch. 53 Sec. 5307 FTA Grant (Operatingand nd Capital) GRANT #: 5630-2018-2 AMOUNT OF GRANT: $4,845,227 (Federal, State and Local): $3,245,227 (Federal Section 5307) DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #:5772) 226-1990 1. How long is the grant for? One Year Starting Date: October 1, 2017 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of grant to match: 50% (applies to operating component only) Retirement Contributions 5. Grant match amount required: $1.600,000 Life and Health Insurance 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Local match consists of $800,000 County match already budgeted in general funds and $800,000 in FDOT grant funds 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? $ (Attach a detailed listing of costs.) $0 (Capital portion also being applied for) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) $ Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $800,000 1,4 Grant Amount Other Matching Costs Match Total First Year $3,245,227 $ $800,000 in local funds & $800,000 in FDOT grants $4,845,227 Second.Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 1,4 GRANT NAME: 49 USC,Ch. 53 Sec. 5339 FTA Grant (Bus Replacement) GRANT #: 5630-2018-1 AMOUNT OF GRANT: 609 824 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990 1. How long is the grant for? One Year Starting Date: October 1, 2017 Description Position Position Position Position Position 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of grant to match: NA % 012.14 Worker's Compensation 5. Grant match amount required: $00 Soc. Sec. Medicare Matching $ 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? $ $ N/A $ $ 7. Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs? $ $ (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries O11.13 Other Salaries & Wages PT 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $00 155 Grant Amount Other Matching Costs Match Total First Year $609,824 $ . $ $609,824 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 155 � I 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 Couyline PO # 4637SS - INDIAN RIVER COUNTY PLANNING/CDD 2014427 NOTICE OF PUBLIC HEARING Notice of h Pub Dates May 17, 2018 Sworn to and subscribed before me this day of, May 18, 2018, by who is Natalie Zoll r (X) personally known to me or ( ) who has produced — � "` 1 V t q OLI�X Karol Kangas Notary Public as identification. /0.A,/. 155-( 3E 1 THURSDAY, MAY 17, 2018 1 TREASURE COAST NEWSPAPERS is o ceOi Sak odce f5ak bit Notices `n LIA 1,LI L 1 1 I I LM l SMM DERYL LOAR. SHERIFF SSMCM hiadnts and ACROSS 40 Coupe or Ansemr to Previous Peak 121, Vent CrBealiL Fiords,RelePtuM 1=4dOrrse IM from of 10:00 am.. ora SERGEANTHUSTON Shalten, Computers eM 1 bI1POStOr convertible 6 Rock 42 Jacket feature YEAST R I $ E $ f soon iherea ted a oosdWe. OOOORNJL Software, Communlcatlon I WG dlu !m sok an o1 the OFPUTY SHERnE �Pmn^L dM11!V Steve Stdrt• SeduNmrcty tE�houpp Cori need 43 California's mEot u1d lee ARAE title end Intnre. In PUBt75N DATES: May l7, ]4, tlprls: a Id Perform PravOreeM -Woods 10 Torsos BUST E R F E D O R A aforesaid D r2 at WWI, IL" )un 7. Tole five veMI , uaMtenenu. wUl the TCN 4S Hendrix 12 Goodbyes hairdo O C T O P 1 LEE A Y red sc0 Arne• 2017190 iublact Mall PNor Ilea. orders modified as a result emumbrancas lads• 14 Addison's 47 Where - et $CENT CARE SODA C H E TALL and obce To Creditors of RA .07== marts, II ��f• M tla hiphCst chatga a and bast h�dder m seders tm 0Wr partner SO Dirty politics 15 Goose, 62 Having S E R E E E R 1 E M THE MICUT COURT FOR unimeseen drean• CASH m <asYCYs rAeeks, the nuum RIVER CcUNTY. ita th0 prolwsat y l bounds RST Procmaieyyds M be applkdyylryeNs pfar FLORIDA qnm of rolach ee:<SIbrM° PRORATE DIVISION apbroegtsraW Rb :d fl ao+milf ee9 16 NOIsat Stuffed 18 MCMahoIt find R E L I C E E U A L '1 X A C T B Y A udMtheidsa[islaetl11 Toacts for Fmvl et the ab- described axe- File ar, i01E. This mtlse <amPlln OIIC9eH Sullivan6R Cham.. >� CRAGS TOAD anion. 312018CPDW273XXXXXX With IIID FTA Ro9ram of (Judge Victoria L. Griffin) mbnestle, 19 Skip town 69 VltaminC AUKS L O R E D O Dated at Vero ¢eac4 Florida, � n") this 14th day a} May, MIS. INRE: ESTATE OF 21 Ogled 80=6 U P O N SAV E D GERALDINE M. KEMPTON Please direct a a:Nona 23 Nanow inlet 60 BIOwn away BERYL LOAR,SNDIIFF Decmsed FegudhlpnathlS IlItcatti2u6•• 24 Flaler 61 Wallops E M A I L S PUMICE Ry'. NOTICE TO CREDITORS iilrn/�aSS. APIXfnn�ne who may wish 26 Pepperoni L O T TOS AVATAR SERGEANT HUSTON to a0 d any decidon, whlM GOODRICH. etre seller DOWN F EAST NASA L The adminiitntlon of y be mace At This mecU DEPUTY SHERIFF estate of Geraldine M. Ke wyl m Inst 29 Tynan t "Nature" 7 Hr. art Portrayer p 17 Not great ecce enma a vcP4r- ton, deceased, whose tlamta batlm record of the procned- PUBLISH DATES: MAY 17, 21, of death Was Feb U, hips la meds w1dN IndlMa 31 Glove kathm channel 8 Lep dog 19 Does an 2 Carrying 9 Hauled Into OMee chore 33 Freud 31, and Asa T, 2018 Toed. h Oerlding M r1 cdt testimony. d ..deme TCN 2017197 courrtt for IMlan Rwer =0 y. upon Winch the I=al will turrem court 20 Filled contemporary 3 Lyric poem 11 Neptune's - FIeIIda, ProWte DWsfen, Ina Mbased. Arryono whoaixMs PecMl accmnmodatron M NOME of SmERM SALE add Vero ichI.f7L0311%0 tlds 95 Lawn Invader 4 SlateYe girl kingdom with cargo 22 _ yg mecdrp muse canto. NOTICE IS HEREBY GIVEN That The Tomas aro addresses of the Counrya American with 96 Ye9rs on end b Crkd out 12 Shout from 23 Blustery Pmaucol to a Writ of Exe• the oersotMl r tative OhaMlities A. (ADA) Camdi- Issud In the Circuit and Ure 0ersaxl rcprcsema- Mr 116.132) at kart 1s 97 Penn Y- 6Was Very the bridge 25 Nilo guitar cWon At Court of lean River CmntY tiwt atlomey ere su forth hom InadvanceMmecting. 38 Disadvantage Iond Of 13 Last r•e Yes Ir8. 27 Of Mo moon on the 21th day of below. a i 28 Prelude 1R*bVM FeOrW ry. 2016, 121ttlhpo cause 'Mian RlvOr County wherein Kath SWny, was AO Stan of the decedent Board altourty 30 -Clayton pklntlfr and [eve Steinke. and other persons against RCvomminlmMs r0. o'8ryan, dmaecod is 7j4 tl Powell Jr. No. 311220111CA0002LOI In IIIA tis estates on W7mm�a Ch.1Peter n t 32 Court Court. Met mustsf I- Pob;MA mis evidence, maybe 1. DERYL LOAR, as ShedN of dalmz With this court ON 06" River Counttyy FariN. OR BEFORE THE LATER 0 1 NOTKENOME a"" TIEATNO tT 94 Sparkler have kMed IrpOn al(!ho ridtt, MONTHS AFTER THE TIME AOOttMNNAaaPoERTH ENT title and intmestoftlada ee• OF THE FIRST os"O kEMA OFA tB 99 Blew hard 41 stubble TICEOR Htdude #dkiMr p ees�cithM ma AFTER n1E0DATE OAF SERVICE rol1CY OR rotrclEs removers Oraparty.M Wit: OF A COPY OF THIS NOTICE ITPI ESeHOOLL BOARDOF ON THEM, MA 9t 44 Coustea''a Islands 6900 66th Avenue. Sebastian. NOTICE IS HEREBY GIVENthat FL 122gqSs. Arora specIllcalry ARod-crodliers.1thedece• get ScAunl Board of SL Lode 06 7 46 Savage dnscrl adL E az The Vest 110 dent and other Personsaha�Nrlg COWr14 Florida. hip Told a feel of the SOmA loo tau ddms or demands Intl 47 No -, ands of uYlc hearirq on Tmtlay. o4outlt, theirddaim smart Pone or buts ^ ��Tawr�ekyy 7, witlrei tet To• ml6.:t 9:aoam, t Rarlpe 19 East mdl,n River MTHM J MONFlIS AFlER THE thercafM as tis met- - 48 Singer Coury,iMrida. DATE 0 THE FIRST PUBLICA• mmamyf u heard• et AOapn6 rah Flats -,I. ..SI NW as e -Tomer 49 Kind o}Nake )dna, TbN OF THB NOTICE ALL CLAIMS NOT FILED WRH• s""'•RIT,fMdropmpose 7 9 60 51 Back when ZOdla�lntiro[he35Mtyl/�s CM1 Procass Unit at TM bdi- IN THE TIME PERIODS SET o1 hes 5 Public comment arld o'f•`."nn• N etcoNaMp 7 River Coy��y Courthouse, FORT. M FLORIDA STATUTES located 7= 16th AVe- SECTION 732.)02 WILL BE FOR- anN lection 120.51, 1001.41, 65 WildebTerriaT b5 W(Idebeest et nue Shite Veto EVER BARRED. err 1001.12. Farlda S to M the proems .14tat n of 66 Turtle -to -0e 57 -Moines, Florida. the Met of laoo he am., or as Poon thereattcr NOT WRMSTANDMG THE TIME atM=Mknanb to School Hoard Polkas x5.11-.omckssStu- at IOwa as porstbl4 1 WO oHn fm PERIODS SET FORTH ABOVE. Sale aO of the said defends ANY CLAIM FILED TWO (I SIddli.sT.20-Pme"1Trand Bddiny Drohihklon W Feud, - Stew steinite, rift{{,, tide and YEARS OR MORE AFTER THE Interest in aforesald DECEDDIT't DRE 0 DEATH sn Oane laT.Ort ty Arlomn AtowdbyammerlFS property he at ptbl1. out and sell lS BARRED. andledBeel Health bnWmnL oUce 01 Foe Ow c once Of Force re OtICa Of For an al. N Be emersth and/ the same. suDje<t to e0 Dpi1omr or rc lad, the propnd B<Mert<rnnbnmesard lwg• Th¢daMdnnt plthlicatbnu IF M THE CMCUT COUi1T OF NAwt THE NINETEENTH JUOICIAt ►LAT 600K T. PAG 66 AND q. amendment ate aMPNPLLbasiifN Mm hldd ltlh rroticeh May 142018. Fr repeal OcrsmW ps aepproVel by tis! FSttnd CIRCUR M AMD PoR YARTIN DATED: May >. 2018 K-A-TI@000N L'. 0/ THE NMLIC RECORD30i IMDI• USMmushiah statics. The Attomry fw Repn• Baud MSL Ludy Courcy. pro,xds M be epplkd as tar entathe: COUNTY. FLORIDA Clark of the Circuit Croat AM RIVER COUNTY. f10RUL =L a may be M the onY�nta SUSanLCOPd�nd,Atlf he proposed pal• d <osEss and the aetlsfe<tlon flarlda Bar Num0er.111160 �, �B fie CIRCUIT CMI ONKKYI CASE NO,: 17000941CAA%M% RY Arty parson d hnftr an inter- est M tiro lioW from et the above described iron GMMtu, Yoel'ky 6 Stelrmrt, ) avAllAMa at P.A. DeoutV Clerk of the Court WILMINGTON SAVINGS FUND surplus the grif:rry• odtertaenthe Cull.. pjD jp51�NW CoiproDar 4737 North High" AIA, SuNa Crcekbr-Port ILLudC= Prde A7 y 10 and 17. Toth SOGETY, FSB. DTA CHRIS- TCN 2007387 pm rty as M the date of the lis peMens mine lila Doted at Varo Bean. fkddo. 3D1 da 31987. Reside Nke hours Wsl/lis day ^I May, rola. Vero BencRR 32967 Nro TIANA TRUST. NOT :INDIUD• N i -RTS UALLY BUT AS TRUSTEE FOR d Im Wltdn 60 days eftn the from Wy L( / 1g1s TdaPho-C(171)2N•IOM an, Mnnda -Friss ,B:OOam. Far, 77:)1]I-lSle H4LDAlE TRUST yNF MINETEENfN IUDlG11l sale. OERYL LOAR. SHERIFF (p I;JO Pm' summer office E•M SI: pelard®pvnsit, CIRCUIT. M AND FOR INDUN PIaIMtI, RIVER MU/T'. naRMA batect May J, 2018 BY. from }Ise t - A SERGEANTHUSTON Secondary E4AT. 1. 20th. ue 7.20 a.nn - ZS ANTHONY NORELLI.Md Odendani(d CIVIL DIVISION MrPiroiaas�RLaCRimn Diamond 6 Jner, PLC esarsiu® am MendaY 1:11dntesdaYl n DEPUTYY SL#EgIiF OuntMas,m and 7:20 e.m. - ppmm on CASE NO.: 2016CA000701 NOTICE Oi AC710N Plalndr, NW 20n 64th Street PnsmW Re r ativc TAundaya. ao:ed on irYly PUBLISH BATES: May 17, 24, SUan N. M �h Cama. the Board Members' U.S. BANK NATIONAL ASSO- CIATION, AS SUCCESSOR M Stdte lW Jl,ardhse1, 1018 P. O. Bn 648069 Office til (7/7)119-7911. TO: ANTHONnknown L INTEpEST TO BANK O AMER- L AD FL uuderdebe. fl.32M TN:951.162-7W0 TCN 2017200 Vero Reach. Florida 27964 A Pub: May l0 And 17, 2018 � iSro%NOWNU T SS: ICA NATIONAL ASSOCUTgN. I6IT SOUTHWAST WATER• THE SUCCESSOR BY MERGER TO 1A5AILE BANK NATNINAI Fas: 951-461-7001 e" ped an pp=;=I a ower NOTICE OF iN""M SALE TCN 1007317 t rcgtaatery dtema[we as proNdd by Sectbn 12451(as FALL BOULEVARD, PALM CT' FL 14yyq,1111 ASSOCIATxIN M ITS CAPAC• T1 ASRURG mttSaMce� By; /s/ IMnthn Grlmths NOTICE K HEREBY GIVEN rPU ICN 3 mu. tip to M wrlUelg Wth• E °esus Netlee Uedu Tetitlapf Name In After Nlsd MORi1DG 0E 6miECURITIES TO-. UNKNOWN7FNAM(S) TRUST2006.6 PESIDENBUnk- Phelan Hallinn Dlnnlond 8 M tlIa ClrcWwr,l u lin lu oO Loml of Qd., Rnvthe Clmry utPaan to Seance Id thisThe prate/ sn amendment UST KNOWN ADDRESS: Meiui/l, )Dols, PLLC Henlher Orffiths, Eso.. Florida Florida. en she 27th day a# aeSaA Hard. Statutes NOTICE KHEREBY GIVEN Net repeAl h Tot exDectd M VX IALL BOULEVARD. WATER- EVE SARAN GALATI A/K/A EVE PAS Bar N0. 0091111 Ems'• Fetrrary, 2010. a the fYae -'On Katryy Stank. wa em uMarsigneding to rc41drc le�slativl ntllkatlon Joe,'"mG'm atasuaMMStttanlm.S41D1 CRY, Fi4 99G-1777 SARAN EDWAiIOS. AS SUCCES- SOR TRUSTEE 0 THE STAN- YOU ARE HEREBY NOTIFIED LEY EBWARDREVOCABLELN- �r18273 Fob May 10ate 17,101. TCN 10.731.01 Plalmilf ate Steve Stdnk4boay Seat ddendam' erg Cao elinin s fit scald at 1937 Each perms tap decides M No. 312011CA002U1 In old appeal arty 4clsl°^ mads by that an action to foreclose INO TRU ST DATEO332.0 etd Cha / IIoW Defendants. SE uM.Inne Cohn- Court. BurotadY the ideal Beard Wlhrcspecl ry of St. luck. Gw of Port St. M ate matin cwMdeI at Aescdbed Ia�ntM 1 01 Sa a I. DOTL LOAR. a ShndN o} luta. Farlda 34 S2. InMMz the nNeNrp h adNud that NOME OF brt Qiver County Gadd,. to(epftler the said name With the yap need a record MARTIN Cnun , F rids: FORECLOSu11E SALE NOM[ OF SIIERRi9 fAIE have IcNd upon a((btc redMsd,, the 014s1on of ComouHuu of ted: protteAnDs ate that ALLTHATCERTAM UNDOI tlaeand Interest o}theee� of the ilorlda Department of reingly, the person may MARTIN fAtMTV, FLORIDA, =E ISHEREBYGIVEN wan NOTICE IS HEREBY GIVEN dant=Stdnke fid State Tannharsee. Florida. rte�M to ensuratutavartOUm Huard to a FhW �ud�m r t et That eursuant M a Writ of the fo11oW dasuibctl red Dated t Port SL Lode. Fkal• TO -WR: foreclosure dated Aprli 27, ExcaN Issued In UM Ur• PrepMly, MFOWL• da. Ihls 9th day M Ma . 2010. =V h12no", el Str/ LOTIS) 46. OF THE MEAD. Nasslmbe: DlgIMP LLL and evldenfeu wnkh Iasi 2018. end enters in Cao Na. cult Court d hdkn paler Pub: Mq IMP p� OWS PARCEL 61•B A3 2016CAW6701 of Ilse Ursdl COMty Ilorida. on the 27N 9735 831d Street Vero Reach, TCN %129% apses 14 n hO 6esed. RECORDED IN PUT BOOK Courtdthe mNETEENM IudI• day Of •FnbNary. 20th. M the R U%7 more so0c11kdN IL PAGE 99. ET SEDo, 0 Cid Citttxt a and 148 INDI. cause wherein Kath Swale. 4scribed er. Let 1 Mock L( It du010 a dlsaNUtY erry Indi- THE PUBLIC OECOR65 Oi AN RIVER COUNTY. Florida, s ga1Mn Arid StevrreggStelm VER) LAKE ESTATES. UNIT E, OI Vkhad reaMrcsspend attMn MARTIN COUNTY. FLORIDA. ASSOCIATION. -iiius-AS NSUCCESI• Nri. 7120 CA002161el In tel. a-dinecerdeOiaaPgal Bmk NOTICEOPWBIFCNURB(G mods^ M receive ScMd eoan iet_11. or partk• ha been feed f2ilnt SOR R1 INTEREST TO BANK 0 Court S, Pa 51, public Records o} M f }} You• AMERICA NATIONAL ANXOF hM4 Ther Counry.farida. Notica d heerlrtp is hereby sppaate In school Bu ate yea u0 r h, M serve ATK1N, THE SUCCESSOR O1' I. CERYL IDAR, at Shemf d �ven tis Burd of County 1914 len, Vista fail �he7>) 479• auWe Yom ah, duan• MERCER TO LASALLE BANK Indian P,_ tnun/tys, FlnrlUa, end On the 19th day M lune. COmmSsslarNnuhdiaRiver Beard's EettdlvetAssbiant Pliel�lfafn rry_Ask far lo Udt action m NATIONAL ASSOCIATION. M have IMM ttpon aY the r 2018. In the ShntiCs civil Pro• Florida , caMdn N,Olrtazl attorneys s fpCMtl• The Tel ecommunicatlons Innes PLIC, attorneys/or FNCCAPCITYIROSM TRUSTEE Een I hit stMeltnkete.Dln edr¢dM Co�uniteiLCOUTheIdian River eteneppliptlon far paykOforUrcDaaf(TDU)Me- ylelmi/f. Whozn eddra3 b t,5 tY an 0USe ch, 53,Stt• Ohppe number Is (77]) 419- 7001 NW 64th Strttt. Sdte $ECURRIES TRUST 2006E, tiro frr0evanp OaMlbed rod t Toss 1620 AVOnue. Su1M Uom SmT/5319 a - CUR 791A Ipp, PL Lauderdale. it 33709, h %airs If. ate EVE SARAH OropMtY.M Wit 212. Veto Beatl.. Pastia, at GPltd ate OperaHnR Assfs• fid filo tlro mipind Wththe GAUTI A/K/A EVE SARAH inn from d 10'00 am. Or as tarty! GnnL A Doyle M renpp Dated this lath day of May. Clerk d the Court• Wthin m EDWARDS. AS SUCCESSOR Schumann Drive, Sebastlan sou ihercalM a oosslWe, at Wdch wrtks a interest 201x. after the first publication TRUSTEE OF ME STANLEY R 32958, mon tpOdHfa�Iy 1 win finer for sale log of the ate It1hI atoll have oditth mike. tither beton M EDWARD REVOCABLE LIVING dtsmibed es: The Samh 1q0 !dd dn(nndant. SteyO StNR Wp�!n1�ltYto bo heenvAp be SCHOOL BOARD OF ST. 11101E ImmeAiA, thuedkr tum TRUST GATED 2-I1-07• et d feet at the South 2MA4 feet lee. d�IL tltle am Iraerest M neo oy the iMIen RNnr CMm- COUNTY. FLORIDA 11, 2018 a se a default am tkHerdants. {Ute dark, let• u the Wet 391.55 feed d tis armesald t puhUe ty Board oft Commis - ma bn OeMmcrad egdmt yyeaau Frecyy P. Smith. YAB sell M the Southwest K M the NnrthrRst utny an vel l Uo tlomn IniheCotm Commis. gy, E. Waym Gen4 Im the r,rlef demnn0ed M ine hial I and best bidder for 4 of SecUOn 24 TOwrship 31 mNlect n a prior Ice, 0- Chambers of Mdlan sv•perf tandmtt CompldM. ash,bed mdnp el {0.'00 AM tome, Q M East. IESS EEC= nd assn Fiver Courcy AdMnlstraNan PW' Yay 17.mU wtvw.IndMnt-rivel.reallo ANDWith, EXCpEYPT the We. 110 menta. ifhfudryderM ore hlpMst Sire r,keeled al tern 27th TCN Toi 207 Ona, a Thisiw' to twpbe mromec_ Chauater erIS. Field. Statutes. Book 183 Paagfopdd2R PoM ci USand H a nsMen dreclo, the �t� V2028 a8tf:040 AM. PP AL R w�RO� utiva wroeks M the Th. Stuart I. be a dgy o nON , p20p16petrhtye of a10 r praceGd eba 1,�wlkd a luPa ta thetloMulilaryn Phil Coonly Board HOME OPOt 1, ieKDTOWNERP Q WheeQlslkeGeatSon n� toto Wd�esncdsabYedFlml ludp P�i m Indian RwM cmmtY � t ime and the eMi ° Canide UlSgCP S3sssujPmMnlltej �AimRo REGULAR Ba 06 Sell fast!hcr futlon. 111 A, Bran eppllrecatkM- ROME tS HEREBY OIVEN LIy w7 n IIOCK A9, SEBAS- nd an ted 29th day of lune. As pro the Lion tMt tis Anmal lAFdmyntR' TION WHLANDS UNIT 11, cols. In IM t The h CMI Ron Dated 14th Veto Bftclt, FlMda, rep zfoaotMt Cal of��pYpi2�fsaS"I Meeting and a R¢ , Board ACCO 01140 O MAP 0 FLAT County cess Unit. at Im Id this IUM day of Wy, 2016. In I;ederd capital asMat�cp M���¢�t1rrlpa Of the Pa(Mar WaIM and 11.600,000 In federal ControTO s lei vID be Add ei OpentlnR "IfiVI e. IA 10:Ooam, 4r ihered- nonlMa.1 fapital share tan Mas e, heard, MI /uu *Transportation t 15553,761i•7.1018..UroMada tdl ich. Th -nf e aIY tommhsion ,11-0Crs soetMtra�Unim��ha � Wllnfunsht ed at 24015E Mo tMny Road. M S6M,000 In acs gads ate Stwrl *Mrlda 34996. Cr518prpAl state transit grant Al fust WIE be Dossed The pdeary, ppyuryryagtu, I the ttuouUaphh M ted hMhn Rlvar LaneoWnars' YteUrlp IL the local10C0L1f&Ze,;zi; Where - . c0imfy SMder Resource Aso- election of SuperNSOr(a) fm Nation ((S5RAA the Countyyt the Pat Mar WaM CenTrot hanportation provide. The Dh L The proose of the oto a ¢r actio Ino Defier D r to Ido ¢r hada vele be used M maintain RepulM Burd Meetlnp h to Tresrsportatipn,� '-a a0 r t M eX= the SRA's GnUrr tranact eery hus)ua le came JG W NI (fedryutateCAmmniefon the goers.SeMuCddmyUttk Irldl7dirlp ADA cgmplMmmary A upy of the AgCMa Mt l5S Lis pvatnnl0 k=112IPthesemcatlrpsrm be8-L n.on seMces. Specifically. obtal4el from Me gIJIS llfmMs WAR be usedUrqMe ropn1.6.70•YEROBEACHZEEP 01 be 4911and/or To Iree et Id7T- st.! • GonUwaatexpandthe3,4, . The m -t' -may 001 m and Community be continued as found nec•Y Wath Dtrbilc transportation essary to a time an j place 1,55-2- Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney lo�A,Z Public Hearings - B. C C. 5.22.18 Oce of LEGISLATIVE INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 4, 2018 SUBJECT: Code Enforcement Fine Ordinance ATTORNEY At the February 6, 2018, Indian River County Board of County Commissioners (the "Board") meeting, the Director of Utility Services, Vincent Burke, explained that there had been various contractors tampering with utility connections and, in some cases, bypassing safety devices that were protecting the public water supply in residential communities with homes under construction. Mr. Burke stated that he believed that the fines for such actions were not sufficient to deter the offending contractors. Pursuant to section 162.09, Florida Statutes, a county with a population equal to or greater than 50,000 may adopt, by a vote of at least a majority plus one of the entire governing body of the county, an ordinance that gives code enforcement boards or special magistrates, or both, authority to impose fines in excess of the limits otherwise set forth by statute. These fines shall not exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation. At the February 6, 2018 Board meeting, the Board voted to direct staff to provide a draft ordinance increasing the penalties for tampering with the water connections and to bring that draft ordinance back to the Board for review. The concept of the higher fines was presented to and supported by the Development Review and Permit Process. Advisory Committee on February 21, 2018. Consistent with the direction of the Board, the County Attorney's Office drafted the attached ordinance imposing the maximum fines as set forth in section 162.09, Florida Statutes. The draft ordinance incorporates into the sections of the Indian River County Code of Ordinances (the. "Code") concerning the Code Enforcement Board (Section 1.03.03 of the Code) and the Special Master (Section 103.06 of the Code). To be consistent, the draft ordinance also includes the similar fines previously established by the Board for commercial events at residence. On May 1, 2018, the Board voted to direct staff to set a public hearing on the draft ordinance. F. WI—tvvrnAatG&VERALB C CUrnAa Ale—Vllegd cnnnenrnn Public Nearing Ordlnancodac 156 Board of County Commissioners May 4, 2018 Page Two FUNDING. The cost of publication of the required public notice for the public hearing was $80.85. The cost was funded from the County Attorney's Office budget within the General Fund (account number 00110214- 033190). RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the draft ordinance. ATTACHMENT(S). Draft Code Enforcement Fine Ordinance fiUuornevlUndnICEVER bB CQAg-d. AI.,,.Wkgal Connection PAlk Herring Ordl--d- 15 ORDINANCE NO. 2018 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 103.03 (REGULATORY COMMISSIONS AND BOARDS) AND SECTION 103.06 (CODE ENFORCEMENT SPECIAL MASTER) OF PART I (IN GENERAL) OF CHAPTER 103 (COMMISSIONS AND BOARDS) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ESTABLISH HIGHER FINE LIMITS FOR CERTAIN CODE VIOLATIONS; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 103.03 (Regulatory Commissions and Boards) and Section 103.06 (Code Enforcement Special Master) of Part l (In General) of Chapter 103 (Commissions and Boards). New language indicated by underline, and deleted language indicated by stFikethFougli. Section 103.03 (Regulatory commissions and boards) and Section 103.06 (Code enforcement special master) of Part I (In General) of Chapter 103. (Commissions and Boards) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 103. COMMISSIONS AND BOARDS. 2-1ZA ARZ, KV1*F41 XIq Section 103.03. Regulatory commissions and boards. 1. Planning and zoning commission. There is hereby created a planning and zoning commission to carry out the procedures, duties, and functions set forth for it in the zoning ordinances. The board shall consist 1 158 ORDINANCE NO. 2018 - of seven (7) members plus a school board representative designated and approved by the school board who shall be a non-voting member of the planning and zoning commission. Each county commissioner shall appoint one (1) member who must reside in that commissioner's district. The remaining two (2) members shall be appointed from the public at large. The board shall be the local planning agency for the county. All members shall be residents of the county. 2. Board of zoning adjustment. There is hereby created a board of zoning adjustment to carry out the procedures, duties, and functions set forth for it in the zoning ordinances. All members shall be residents of Indian River County. 3. Code enforcement board. There is hereby created the Indian River County Code Enforcement Board pursuant to authority and procedures of Chapter 162, Florida Statutes. The board shall be constituted and have powers and responsibilities as set forth in Chapter 162, Florida Statutes. Per section 162.09, Florida Statutes, the Indian River County Code Enforcement Board has the authority to impose fines up to $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, for a commercial event at residence and an illegal connection to the public water supply system. 4. Indian River County Environmental Control Board. There is hereby created the Indian River County Environmental Control Board pursuant to the authority and procedures of Chapter 85-427, Laws of Florida. The board shall be constituted and have powers and responsibility as set forth in said laws of Florida. It shall appoint a five -member hearing board pursuant to and with powers provided by said Laws of Florida. 5. There is hereby created a Children's Services Network (CSNetwork), an advisory board to the Indian River County Board of Commissioners, to carry out the procedures, duties and functions set forth in Part II of this chapter. Section 103.06. - Code enforcement special master. The chairman of the code enforcement board shall also be a special master as provided for under section 162.03, Florida Statutes. The special master shall have all of the authority allowed under Chapter 162, Florida Statutes. The primary duty of the 2 159 ORDINANCE NO. 2018 - special master will be to issue notices to appear. Proceedings initiated before a special master may be continued before the code enforcement board and proceedings initiated before the code enforcement board may be continued before the special master. Per section 162.09. Florida Statutes, the special master has the authority to impose fines up to $1,000 per day per violation for a first violation. $5,000 per day per violation for a repeat violation, for a commercial event at residence and an illegal connection to the public water supply system. Section 3. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 9th day of May, 2018, for a public hearing to be held on the 22nd day of May, 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D; O'Bryan Vice -Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 3 160 ORDINANCE NO. 2018 - The Chairman thereupon declared the ordinance duly passed and adopted this 22nd day of May, 2018. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of May, 2018. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BJr, w� DYLAN REING:OLG O-OUNTY ATTORNEY C! 161 Treasure Coast Newspapers Sales Rep: Sarah Oldag (T9103) TUALM Date: 05/01/18 Account Number: 461741 (T15600741) Name: INDIAN RIVER CO ATTORNEYS OFC Contact: Email: swright@ircgov.com Address: 1801 27TH STREET, VERO BEACH, FL, 32960 Phone: (772) 567-8000 Fax: (000) 000-0000 I agree this ad is accurate and as ordered Phone: (239) 435-3409 NOTICE OF INTENT - sion Chambers located on the PUBLIC HEARING first floor of Building A of the County Administrative Com - NOTICE IS HEREBY GIVEN that plex, 1801 27th Street, Vero the Board of County Commis- Beach, Florida 32960, at which sioners of Indian River County, time interested parties may Florida, will conduct a Public be heard with respect to the Hearing to consider adoption proposed ordinance. of a proposed ordinance enti- Pub: May 9, 2018 tied: TCN 2004475 AN ORDINANCE OF THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 103.03 (REGULATORY COMMIS- SIONS AND BOARDS) AND SECTION 103.06 (CODE ENFORCEMENT SPECIAL MASTER) OF PART I (IN GENERAL) OF CHAPTER 103 (COMMISSIONS AND BOARDS) OF THE CODE OF INDIAN RIVER COUN- TY, FLORIDA IN ORDER TO ESTABLISH HIGHER FINE LIMITS FOR CERTAIN CODE VIOLATIONS; AND PROVID- ING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, May 22, 2018 at 9:05 a.m., or as soon there- after as the matter may be heard, in the County Commis - ,o. A-,2 Email: Sarah.Oldag@naplesnews.com This is a proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline by contacting your account rep at (239) 435-3409 . Ad Id: 2004475 P.O. No.: Total Cost: $80.85 Tag Line: NOTICE OF INTENT - PUBLIC HEARING NO Start Date: 05/09/18 Stop Date: 05/09/18 Number of Times: 1 Class: 16220 - Ordinances and Petitions Publications: TC -TC News -Press -Tribune, TC -Internet tcpalm.com Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such, Gannett reserves the right to cat- egorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 877-247-2407. Allowance may not be made for errors reported past the second print date. The Treasure Coast Newspapers may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro -rated for the remaining full days for which the ad did not run. W -1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Herb Whittall ADDRESS: 19 Park Avenue, Vero Beach, F1 32960 PHONE: SUBJECT MATTER FOR DISCUSSION: Spoonbill Marsh and Lagoon IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: YES F] YES NO F-1 NO ❑ YES ❑ NO Jason E. Brown May 22, 2018 Document6 162 11. A. 4�vER Office of the al a INDIAN RIVER COUNTY * * ADMINISTRATOR ORI�� Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: May 10, 2018 SUBJECT: Mainland Boat Launch Joint Venture DESCRIPTION On February 13, 2018, the Board of County Commissioners directed staff to explore a joint venture with the City of Vero Beach for a Mainland Boat Launch. Indian River County (County) Staff and City of Vero Beach (City) Staff met and discussed conceptual plans for a City Power Plant Boat Ramp/Marina. ANALYSIS County staff met with City staff to determine which entity would be responsible for each activity and cost for a joint Mainland Boat Launch. The major areas for discussion were capital expenses, Florida Department of Transportation (FDOT) sublease/license, design and permitting, maintenance, and operation of the facility. City staff's position was that they were willing to provide a lease to the County for the boat ramp as well as a sublease/license to utilize the area under the 17th Street/Alma Lee Loy Bridge which is owned by FDOT. City staff states that they were not willing to participate in the cost to develop the boat ramp, assist with design and permitting, or provide for maintenance and operation of the facility. The City's rationale for this is that they already operate two (2) boat launch facilities nearby on the barrier island (MacWilliam Boat Basin Park and Riverside Park Boat Ramp). They further state that these facilities are not over capacity and seem adequate for their needs. Based upon City staff's recommendations, the County would be responsible for the design, permitting, construction and maintenance of this boat ramp facility which is within the City of Vero Beach. 163 County staff has some concerns with moving forward on this project as detailed below: Design and Permitting: As stated above, the City is not willing to provide design or permitting assistance for this project. Therefore, County staff would be responsible for these activities. As discussed before, this property lies within the County Manatee Protection Plan which describes the area adjacent to the Vero Beach Power Plant as a State designated manatee sanctuary of statewide importance (see attached excerpt page 44), and one of eight manatee "safe havens" identified by the Florida Fish and Wildlife Conservation Commission (FWC) in the state (see attached excerpt page 54). The area is also formally designated as a Warm Water Aggregation Area (WWAA) in the Army Corps of Engineers' (ACOE) Manatee Key, as recognized by the U.S. Fish and Wildfire Service (FWS) and FWC (see attached 2013 FWS letter and map on last page attached to the letter). Although the Power Plant has been decommissioned and no longer discharges warm water, the area is still formally designated as an important manatee area by the reviewing agencies. Consequently, any proposed public ramp facilities in that area will be subject to scrutiny by the mentioned agencies, and a formal re -designation of the area may be required if the ramp is to be allowed. This would likely make permitting of such a project very time consuming, challenging, and costly. Public Works staff has a significant workload to design, permit, and oversee road construction projects, numerous building renovations and repairs, and other projects, from which this project would pull resources. Any permit approvals would likely require intensive mitigation of environmental impacts which would drive up construction costs. Access and Space Limitations: The Public Works Director met with City Staff at the power plant site to analyze the possibility for a boat ramp facility to be constructed at this site. Site access is a major issue for a public boat ramp. The access point is currently 60- 65 feet from the intersection of Indian River Boulevard and 17th Street. This is a major site constraint as one boat and trailer stopped on Indian River Boulevard would impact the operation of the entire intersection. Looking at an alternative, the boat ramp access could be located at the South entrance to what is currently a manatee viewing parking area. This would require this access point be connected to the current drive aisle on the power plant site. With either access point, there would be no direct access from southbound Indian River Boulevard. U-turns at the Indian River Boulevard and 17th Street intersection would be necessary. This is not a safe movement with the westbound right turn on 17th Street. The site itself poses some design issues. The only feasible location for boat ramps is at the east end of the barge basin. Boat ramps accessing the boat basin from under the 17th Street/Alma Lee Loy Bridge would be a challenge. The ramp construction will require the removal of all underground piping for the water intakes that served the power plant which could be costly. See the attached power plant layout and the number of intake pipes. The existing concrete barge basin walls have exposed steel and there are some failures behind the walls which would need to be addressed. • Capital and Operating Costs: The permitting challenges and site constraints detailed above would likely increase the cost to construct the boat ramp. Public Works estimates design and construction costs of over $2 million to build a facility with limited capacity 164 (one ramp capable of serving multiple boats and limited parking spaces). The County would also need to operate and maintain the facility. From a policy standpoint, staff would not recommend additional costs to operate a recreational facility in the City of Vero Beach. RECOMMENDATION Staff is reluctant to proceed further in pursuing a joint venture with the City of Vero Beach at this location based upon the findings indicated above. Therefore, staff recommends against moving forward with a boat launch facility at the City. Power Plant/Wastewater Treatment Plant location, and notifying the City of Vero Beach of this decision. Attachments: Excerpt Manatee Protection Plan 2013 FWS Letter and Map Power Plant Layout 165 Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan "Gifford Cut" is located just north of the Vero Beach Municipal Marina and east of Joe S. Earman Park. The ICW is located on the west side of the islands and allows the skiers some relief from boat traffic. Another favorite ski location, the "Jungle Trail Narrows," is a congested and hazardous area. Wabasso Causeway Park can be best described as the County's premier multi -use area. Swimming, fishing, canoeing and boating are regularly observed at the park. Sailboarders are known to congregate toward the west end of Wabasso Causeway Park. Also, PWC users are often found utilizing Wabasso Causeway, since the causeway is one of only a few places in the county where PWCs have public access to a launching site. A watercraft testing area is located in an unregulated zone near the south county line between Channel Markers 149 and 156. Recent Modifications to Speed Zones In January 2000, a number of non-governmental environmental organizations filed suit against the Florida Fish and Wildlife Conservation Commission (FWC) alleging that the FWC had not done enough to protect endangered manatees in the state. In September 2002, as part of a settlement of that lawsuit, the FWC approved increased boating speed zone restrictions in the Jungle Trail Narrows and at the Vero Beach Power Plant. • Vero Beach Power Plant The Vero Beach Power Plant and surrounding IRL waters are considered by the State to be a manatee sanctuary of statewide importance. Prior to September 2002, the speed zone within the Vero Isle "finger" canals, just north of the Vero Beach Power Plant, was "idle speed" year round. In September 2002, boating restrictions within the westernmost finger canal and the western most part of the entrance canal were changed to "no entry" from November 15 through March 31 and idle speed the remainder of the year. Property owners within the `no entry' area receive a decal to allow them access to their property at idle speed. • Jungle Trail Narrows The Jungle Trail Narrows is a sensitive area with respect to manatee protection. In 2001, the State identified the Jungle Trail Narrows as one of eight "hot spots" in Florida warranting additional manatee protection through revised boating speed restrictions. The sensitivity of the area is largely due to multiple -uses (i.e., water-skiing, existing residential marinas and the Intracoastal Waterway channel) occurring in a narrow section of the Lagoon that serves as a "gauntlet" for migrating manatees. As a result, in September 2002, the State revised boating speed restrictions in the Narrows to slow -speed year-round outside of the Intracoastal channel. The State's strengthening of boater speed zone restrictions in IRL waters adjacent to the Vero Beach Power Plant and in the Jungle Trail Narrows is indicative of the sensitivity of those areas with respect to manatee protection. Due to that sensitivity, the establishment of new or expanded boat facilities in those areas should be prohibited or otherwise discouraged, except IRC Environmental Planning Section Page 44 August 2004 166 Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan Zone 8 Although no manatee mortalities attributed to watercraft have been recorded in Zone 8, the probability of watercraft impacts to manatees is high, since Zone 8 is a dense manatee abundance area. Large manatee aggregations have been documented in various areas of this zone including the Moorings Subdivision and Round Island Park. Part of the reason for the manatee abundance may be the warm water refuge at the City of Vero Beach Power Plant located across the IRL west of the ICW in Zone 9. The existing maximum 1:100 powerboat to shoreline density ratio should be retained for Zone 8. Zone 9 Within this zone, most of the land adjacent to the IRL has been deemed environmentally sensitive due to the presence of estuarine wetlands. Five watercraft -related manatee mortalities have been recorded in Zone 9, including 2 in 2000 and 1 in 2001. The City of Vero Beach Power Plant is a significant manatee aggregation area resulting from the warm water discharge. Portions of the residential canal system associated with the Power Plant have been identified by the FWC as one of eight "safe havens" in the state. The purpose of these "safe havens" is to provide areas for feeding, shelter, and birthing associated with warm water refuge sites. Seagrass density and manatee abundance increase just south of the South Relief Canal outfall, and combined with the abundance associated with the Power Plant increase, the probability of manatee impacts with watercraft in Zone 9. Therefore, the existing maximum 1:100 powerboat to shoreline density ratio should be retained for Zone 9. In addition to zones, specific criteria found in the Action Plan section will be applied to each request for a new boat facility or for the expansion, rearrangement, or conversion of an existing_boat facility. These site-specific criteria have been designed to account for site- specific issues related to manatee protection. These site-specific criteria will be in addition to the boat facility siting zone requirements and criteria. Siting of Boat Ramps The FWC siting factors/considerations for multi -slip dock facilities also provide a basis for developing criteria for the siting of new boat ramps, or for the rearrangement, or expansion of an existing boat ramp. In order to minimize adverse impacts to manatees and the resources of the IRL, boat ramps are best located: • in areas with few natural resources; • in areas where water depths are appropriate for the type of vessels using the boat ramp; • in areas with low manatee abundance; and • in areas with low manatee mortality. Based on analysis of maps of the IRL depicting natural resources, water depths, existing boat ramp facilities, manatee abundance, and manatee mortality, specific criteria should be applied to each application for a new boat ramp or for the expansion, rearrangement, or conversion of IRC Environmental Planning Section Page 54 August 2004 167 us. United States Department of the Interior FLSH rv'l�Ew� FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 133920h Street Vero Beach. Florida 32960 April 25, 2013 Donald W. Kinard Chief, Regulatory Division U.S. Army Corps of Engineers 701 San Marco Boulevard. Room 372 Jacksonville, Florida 32207-8175 Dear Mr. Kinard: This letter acknowledges the U.S. Fish and Wildlife Service's (Service) receipt of your April 12, 2013, letter requesting concurrence on the U.S. Army Corps of Engineers' (Corps) implementation of the revised Manatee Key and its enclosures dated April 2011 This letter represents the Service's views on the potential effects of the proposed action in accordance with section 7 of the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972,, as amended (MMPA) (l 6 U.S.C. 1361 et seq. ). For fixture reference, we have assigned this concurrence letter to Service Consultation Code 2013-I-0151. The Manatee Key is a tool that has been used by the Corps' Regulatory Division since 1992 to assist in making its effect determinations, as required under 50 CFR 402.1.4(a), on permit applications for in -water activities such as, but not limited to; maintenance dredging, the placement of fill material for shoreline stabilization, the constriction or placement of other in -water structures, as well as the construction of docks, marinas, boat ramps, boat slips, dry storage or any other watercraft access structures or facilities. Your agency has determined utilization of the 2013 Manatee Key, and its enclosures, to review projects in waters accessible to the endangered West Indian manatee (Trichechus naanalu.v) may affect, but is not likely to adversely affect the manatee or its designated critical habitat. Since July 2011, the Service has worked closely with the Corps and the Florida Fish and Wildlife Conservation Commission (FWC) on revising the March 2011 version of the Manatee Key and .its associated maps. Minor changes.to.the March.201-1. Manatee.Key were made to ensure __ consistency with the manatee programmatic consultation co -developed by the Corps and the Service in cooperation with the FWC. For all new or expanding multi -slip facilities located in a county with a State -approved MPP in place that reach a "may affect, not likely to adversely affect" determination using the 2013 Manatee Key, the Service concurs with these determinations and no further consultation with the Service is necessary. 168 Donald W. Kinard Page 2 For all applications to construct residential dock facilities that reach a "may affect, not likely to adversely affect" determination using the 2013 Manatee Key, the Service concurs with these determinations and no further consultation with the Service is necessary. As such, the Service will not receive permit applications from the Corps for these types of facilities. For those counties with a watercraft -related mortality .rate that averages less than one dead manatee a year, we conclude take is not reasonably certain to occur as a result of new or expanding watercraft access facilities in these counties. Therefore, for multi -slip facilities proposed to be built or expanded in those counties that reach a "may affect, not likely to adversely affect" determination using the 2013 Manatee Key, the Service concurs with these effect determinations and .no further consultation with the Service is necessary. For all applications to repair or replace existing multi -slip facilities that do not provide new watercraft access and reach a "may affect, not likely to adversely affect" determination using the 2013 Manatee Key, the Service concurs with these determinations. As such, the Service wi11 not receive permit applications from the Corps for these types of existing facilities since they were covered by the Service's March 17, 2011, consultation on the 2011 Manatee Key. All other future applications for multi -slip facilities reaching a "may affect, not likely to adversely affect" determination using the 2013 Manatee Key will be forwarded to the Service for concurrence. The Corps agreed to forward to the Service those applications that are consistent with the Manatee Key. All culverts 8 inches to 8 feet in diameter must be grated to prevent manatee entrapment. To effectively prevent manatee access, grates must be permanently fixed, spaced a maximum of 8 inches apart (may be less for culverts smaller than 16 inches in diameter) and may be installed diagonally, horizontally, or vertically. Culverts less than 8 inches or greater than 8 feet in diameter are exempt from this requirement. If new culverts and/or the maintenance or modification of existing culverts are grated as described above, the determination of "may affect, not likely to adversely affect"' is appropriate and no further consultation with the Service is necessary. We have examined the April 2013 version of the Manatee Key and its enclosures and agree with its structure and content. Currently, the FWC does not require implementation of the signage component of the standard construction conditions for in -water work for the State's review of the permit application. However„the Corps and..the Service will require applicants to implement the signage component of the standard construction, conditions for any in -water work authorized by a Department of the Army permit. Therefore; except as noted above, for all future applications reviewed with. the April 2013 version of the Manatee Key in which the Corps reaches a "may affect, not likely to adversely affect'” determination with respect to the manatee and/or its designated critical habitat" the Service hereby concurs with those determinations in accordance with 50 CFR 402.14(b)1. As such, the March 2011 version of the Manatee Key and its associated maps, as well as other earlier versions of the Manatee Key, are no longer applicable. 169 Donald W. Kinard Page 3 The Service does not anticipate the proposed action will result in the incidental take of manatees. Furthermore, the Service is not including an incidental take authorization for marine mammals at this time because the incidental take of marine mammals is not expected to occur and has not been authorized under section .101(a)(5) of the MMPA and/or its 1994 Amendments. Following issuance of such regulations or authorizations, the Service may reinitiate consultation to include an incidental take statement for marine mammals, if deemed appropriate. This concurrence letter fulfills the requirements of section 7 of the Act and no further action .is required. If modifications are made to the Manatee Key, if additional information involving potential effects to listed species becomes available, or if a new species is listed or new critical habitat is designated that may be affected by the project, then reinitiation of consultation may be necessary. This concurrence letter represents the collective assessment of the April 2013 version of the Manatee Key and its enclosures from the Service's three field offices in Florida: Panama City, North Florida, and South Florida. If you have any questions or concerns about this consultation, please feel free to contact Kalani Cairns at 772-469-4240. Sincerely yours, Larry Williams State Supervisor cc: electronic copy;onl.y Corps, Jacksonville; Florida (Stuart Santos) Service, Atlanta, Georgia (Jack Arnold) Service; Jacksonville, Florida (Dawn Jennings) Service, Panama City, Florida (Don Imm) 170 THE CORPS OF ENGINEERS, JACKSONVILLE DISTRICT, AND THE STATE OF FLORIDA EFFECT DETERMINATION KEY FOR THE MANATEE IN FLORIDA April 2013 Purpose and background of the key The purpose of this document is to provide guidance to improve the review of permit applications by U.S. Army Corps of Engineers' (Corps) Project Managers in the Regulatory Division regarding the potential effects of proposed projects on the endangered West Indian manatee (Trichechus manatus) in Florida, and by the Florida Department of Environmental Protection or its authorized designee or Water Management District, for evaluating projects under the State Programmatic General Permit (SPGP) or any other Programmatic General Permits that the Corps may issue for administration by the above agencies. Such guidance is contained in the following dichotomous key. The key applies to permit applications for in -water activities such as, but not limited to: (1) dredging [new or maintenance dredging of not more than 50,000 cubic yards], placement of fill material for shoreline stabilization, and construction/placement of other in -water structures as well as (2) construction of docks, marinas, boat ramps and associated trailer parking spaces, boat slips, dry storage or any other watercraft access structures or facilities. At a certain step in the key, the user is referred to graphics depicting important manatee areas or areas with inadequate protection. The maps can be downloaded from the Corps' web page at http://www.sai.usace.army.mil/Missions/Regulatory/SourceBook.aspx. We intend to utilize the most recent depiction of these areas, so should these areas be modified by statute, rule, ordinance and/or other legal mandate or authorization, we will modify the graphical depictions accordingly. These areas may be shaded or otherwise differentiated for identification on the maps. Explanatory footnotes are provided in the key and must be closely followed whenever encountered. Scope of the key This key should only be used in the review of permit applications for effect determinations on manatees and should not be used for other listed species or for other aquatic resources such as Essential Fish Habitat (EFH). Corps Project Managers should ensure that consideration of the project's effects on any other listed species and/or on EFH is performed independently. This key may be used to evaluate applications for all types of State of Florida (State Programmatic General Permits, noticed general permits, standard general permits, submerged lands leases, conceptual and individual permits) and Department of the Army (standard permits, letters of permission, nationwide permits, and regional general permits) permits and authorizations. The final effect determination will be based on the project location and description; the potential effects to manatees, manatee habitat, and/or manatee critical habitat; and any measures (such as project components, standard construction precautions, or special conditions included in the authorization) to avoid or minimize effects to manatees or manatee critical habitat. Projects that key to a "may affect" determination equate to "likely to adversely affect" situations, and those projects should not be processed under the SPGP or any other programmatic general permit. For 171 all "may affect" determinations; Corps Project Managers shall refer to the Manatee Programmatic Biological Opinion, dated March 21, 2011, for guidance on eliminating or minimizing potential adverse effects resulting from the proposed project. If unable to resolve the adverse effects, the Corps may refer the applicant to the U.S. Fish and Wildlife Service (Service) for further assistance in attempting to.revise the proposed project to a "may affect, not likely to adversely affect" level. The Service will coordinate with the Florida Fish and Wildlife Conservation Commission (FWC) and the counties, as appropriate. Projects that provide new access for watercraft and key to "may affect, not likely to adversely affect" may or may not need to be reviewed individually by the Service. 172 MANATEE KEY Floridal April 2013 The key is not designed to be used by the Corps' Regulatory Division for making their effect determinations for dredging projects greater than 50,000 cubic yards, the Corps' Planning Division in making their effect determinations for civil works projects or by the Corps' Regulatory Division for making their effect determinations for projects of the same relative scope as civil works projects. These types of activities must be evaluated by the Corps independently of the key. A. Project is not located in waters accessible to manatees and does not directly or indirectly affect manatees (see Glossary)......................................................................................................................................No effect Project is located in waters accessible to manatees or directly or indirectly affects manatees ...................... B B. Project consists of one or more of the following activities, all of which are May affect: 1. blasting or other detonation activity for channel deepening and/or widening, geotechnical surveys or exploration, bridge removal, movies, military shows, special events, etc.; 2. installation of structures which could restrict or act as a barrier to manatees; 3. new or changes to existing warm or fresh water discharges from industrial sites, power plants, or natural springs or artesian wells (but only if the new or proposed change in discharge requires a Corps permit to accomplish the work); 4. installation of new culverts and/or maintenance or modification of existing culverts (where the culverts are 8 inches to 8 feet in diameter, ungrated and in waters accessible, or potentially accessible, to manatees)Z; 5. mechanical dredging from a floating platform, barge or structure that restricts manatee access to less than half the width of the waterway; 6. creation of new slips or change in use of existing slips, even those located in a county with a State - approved Manatee Protection Plan (MPP) in place and the number of slips is less than the MPP threshold, to accommodate docking for repeat use vessels, (e.g., water taxis, tour boats, gambling boats, etc; or slips or structures that are not civil works projects, but are frequently used to moor large vessels (>100') for shipping and/or freight purposes; does not include slips used for docking at boat sales or repair facilities or loading/unloading at dry stack storage facilities and boat ramps); [Note: For projects within Bay, Dixie, Escambia, Franklin, Gilchrist, Gulf, Hernando, Jefferson, Lafayette, Monroe (south of Craig Key), Nassau, Okaloosa, Okeechobee, Santa Rosa, Suwannee, Taylor, Wakulla or Walton County, the reviewer should proceed to Couplet C.] any type of in -water activity in a Warm Water Aggregation Area (WWAA) or No Entry Area (see Glossary and accompanying Maps4);[Note: For residential docking facilities in a Warm Water Aggregation Area that is not a Federal manatee sanctuary or No Entry Area, the reviewer should proceed to couplet C.]. 8. creation or expansion of canals, basins or other artificial shoreline and/or the connection of such features to navigable waters of the U.S.; ote: For projects proposing a single residential dock, the reviewer should proceed to couplet C; otherwise, project is a May Affect.] 173 installation of temporary structures (docks, buoys, etc.) utilized for special events such as boat races, boat shows, military shows, etc., but only when' consultation with the U.S. Coast Guard and FWS has not occurred; ote: See programmatic consultation with the U.S. Coast Guard on manatees dated May 10, 2010.]. Project is other than the activities listed above............................................................................................... C C. Project is located in an Important Manatee Area (IMA) (see Glossary and accompanying Maps4)..............D Project is not located in an Important Manatee Area (IMA) (see Glossary and accompanying Maps4)........ G D. Project includes dredging of less than 50,000 cubic yards............................................................................. E Project does not include dredging.................................................................................................................. G E. Project is for dredging a residential dock facility or is a land-based dredging operation...............................N Projectnot as above.........................................................................................................................................F F. Project proponent does not elect to follow all dredging protocols described on the maps for the respective IMA in which the project is proposed.............................................................................................. May affect Project proponent elects to follow all dredging protocols described on the maps for the respective IMA in whichthe project is proposed......................................................................................................................... G G. Project provides news access for watercraft, e.g., docks or piers, marinas, boat ramps and associated trailer parking spaces, new dredging, boat lifts, pilings, floats, floating docks, floating vessel platforms, boat slips, dry storage, mooring buoys, or other watercraft access (residential boat lifts, pilings, floating docks, and floating vessel platforms installed in existing slips are not considered new access) or improvements allowing increased watercraft usage...............................................................................................................H Project does not provide news access for watercraft, e.g., bulkheads, seawalls, riprap, maintenance dredging, boardwalks and/or the maintenance (repair or rehabilitation) of currently serviceable watercraft access structures provided all of the following are met: (1) the number of slips is not increased; (2) the number of existing slips is not in question; and (3) the improvements do not allow increased watercraft usage............................................................................................................................................................... N H. Project is located in the Braden River Area of Inadequate Protection (Manatee County) (see Glossary and accompanying AIP Map4) .......................................................................................................................................................... May affect Project is not located in the Braden River Area of Inadequate Protection (Manatee County) (see Glossary andaccompanying AIP Map 4) ......................................................................................................................... I I. Project is for a multi -slip facility (see Glossary)............................................................................................. J Project is for a residential dock facility or is for dredging (see Glossary)......................................................N J. Project is located in a county that currently has a State -approved MPP in place (BREVARD, BROWARD, CITRUS, CLAY, COLLIER, DUVAL, INDIAN RIVER, LEE, MARTIN, MIAMI-DADE, PALM BEACH, ST. LUCIE, SARASOTA, VOLUSIA) or shares contiguous waters with a county having a State -approved MPP in place (LAKE, MARION, SEMINOLE)............................................................................................................................ K Project is located in a county not required to have a State -approved MPP .................................................... L 174 K. Project has been developed or modified to be consistent with the county's State -approved MPP and has been verified by a FWC review (or FWS review if project is exempt from State permitting) or the number of slips is below the MPP threshold...............................................................................................................N Project has not been reviewed by the FWC or FWS or has been reviewed by the FWC or FWS and determined that the project is not consistent with the county's State -approved MPP ......................May affect L. Project is located in one of the following counties: CHARLOTTE, DESOT07, FLAGLER, GLADES, HENDRY, HILLSBOROUGH, LEVY, MANATEE, MONROE7, PASCO7, PINELLAS................................................................... M Project is located in one of the following counties: BAY, DIXIE, ESCAMBIA, FRANKLIN, GILCHRIST, GULF, HERNANDO, JEFFERSON, LAFAYETTE, MONROE (south of Craig Key), NASSAU, OKALOOSA, OKEECHOBEE, PUTNAM, SANTA ROSA, ST. JOHNS, SUWANNEE, TAYLOR, WAKULLA, WALTON................................................N M. The number of slips does not exceed the residential dock density threshold (see Glossary) .........................N The number of slips exceeds the residential dock density threshold (see Glossary) ........................ May affect N. Project impacts to submerged aquatic vegetations, emergent vegetation or mangrove will have beneficial, insignificant, discountable9 or no effects on the manatee10 O Project impacts to submerged aquatic vegetations, emergent vegetation or mangrove may adversely affect themanatee10.................................................................................................................................... May affect O. Project proponent elects to follow standard manatee conditions for in -water workll and requirements, as appropriate for the proposed activity, prescribed on the maps4.......................................................................P Project proponent does not elect to follow standard manatee conditions for in -water workll and appropriate requirements prescribed on the maps4.............................................................................................. May affect If project is for a new or expanding5 multi -slip facility and is located in a county with a State -approved MPP in place or in Bay, Dixie, Escambia, Franklin, Gilchrist, Gulf, Hernando, Jefferson, Lafayette, Monroe (south of Craig Key), Nassau, Okaloosa, Okeechobee, Putnam, St. Johns, Santa Rosa, Suwannee, Taylor, Wakulla or Walton County, the determination of "May affect, not likely to adversely affect" is appropriate 12 and no further consultation with the Service is necessary. If project is for a new or expanding multi -slip facility and is located in Charlotte, Desoto, Flagler, Glades, Hendry, Hillsborough, Levy, Manatee, Monroe (north of Craig Key), Pasco, or Pinellas County, further consultation with the Service is necessary for "May affect, not likely to adversely affect" determinations. If project is for repair or rehabilitation of a multi -slip facility and is located in an Important Manatee Area, further consultation with the Service is necessary for "May affect, not likely to adversely affect" determinations. If project is for repair or rehabilitation of a multi -slip facility and: (1) is not located in an Important Manatee Area; (2) the number of slips is not increased; (3) the number of existing slips is not in question; and (4) the improvements to the existing watercraft access structures do not allow increased watercraft usage, the determination of "May affect, not likely to adversely affect" is appropriate 12 and no further consultation with the Service is necessary. If project is a residential dock facility, shoreline stabilization, or dredging, the determination of "May affect, not likely to adversely affect" is appropriate 12 and no further consultation with the Service is necessary. Note: For residential dock facilities located in a Warm Water Aggregation Area or in a No Entry area, seasonal restrictions may apply. See footnote 4 below for maps showing restrictions. If project is other than repair or rehabilitation of a multi -slip facility, a news multi -slip facility, residential dock facility, shoreline stabilization, or dredging, and does not provide news access for watercraft or 175 improve an existing access to allow increased watercraft usage, the determination of "May affect, not likely to adversely affect" is appropriate 12 and no further consultation with the Service is necessary. I On the St. Mary's River, this key is only applicable to those areas that are within the geographical limits of the State of Florida. All culverts 8 inches to 8 feet in diameter must be grated to prevent manatee entrapment. To effectively prevent manatee access, grates must be permanently fixed, spaced a maximum of 8 inches apart (may be less for culverts smaller than 16 inches in diameter) and may be installed diagonally, horizontally or vertically. For new culverts, grates must be attached prior to installation of the culverts. Culverts less than 8 inches or greater than 8 feet in diameter are exempt from this requirement. If new culverts and/or the maintenance or modification of existing culverts are grated as described above, the determination of "May affect, not likely to adversely affect" is appropriatell and no further consultation with the Service is necessary. 3 If the project proponent agrees to follow the standard manatee conditions for in -water work as well as any special conditions appropriate for the proposed activity, further consultation with the Service is necessary for "May affect, not likely to adversely affect" determinations. These special conditions may include, but are not limited to, the use of dedicated observers (see Glossary for definition of dedicated observers), dredging during specific months (warm weather months vs cold weather months), dredging during daylight hours only, adjusting the number of dredging days, does not preclude or discourage manatee egress/ingress with turbidity curtains or other barriers that span the width of the waterway, etc. 4 Areas of Inadequate Protection (AIPs), Important Manatee Areas (IMAs), Warm Water Aggregation Areas (WWAAs) and No Entry Areas are identified on these maps and defined in the Glossary for the purposes of this key. These maps can be viewed on the Corps' web pa5e. If projects are located in a No Entry Area, special permits may be required from FWC in order to access these areas (please refer to Chapter 68C-22 F.A.C. for boundaries; maps are also available at FWC's web page). 5 New access for watercraft is the addition or improvement of structures such as, but not limited to, docks or piers, marinas, boat ramps and associated trailer parking spaces, boat lifts, pilings, floats, floating docks, floating vessel platforms, (maintenance dredging, residential boat lifts, pilings, floating docks, and floating vessel platforms installed in existing slips are not considered new access), boat slips, dry storage, mooring buoys, new dredging, etc., that facilitates the addition of watercraft to, and/or increases watercraft usage in, waters accessible to manatees. The repair or rehabilitation of any type of currently serviceable watercraft access structure is not considered new access provided all of the following are met: (1) the number of slips is not increased; (2) the number of existing slips is not in question; and (3) the improvements to the existing watercraft access structures do not result in increased watercraft usage. 6 Projects proposed within the St. Johns River portion of Lake, Marion, and Seminole counties and contiguous with Volusia County shall be evaluated using the Volusia County MPP. 7 For projects proposed within the following areas: the Peace River in DeSoto County; all areas north of Craig Key in Monroe County, and the Anclote and Pithlachascotee Rivers in Pasco County, proceed to Couplet M. For all other locations in DeSoto, Monroe (south of Craig Key) and Pasco Counties, proceed to couplet N. 8 Where the presence of the referenced vegetation is confirmed within the area affected by docks and other piling -supported minor structures and the reviewer has concluded that the impacts to SAV, marsh or mangroves would not adversely affect the manatee or its critical habitat, proceed to couplet O. Where the presence of the referenced vegetation is confirmed within the area affected by docks and other piling -supported minor structures and the reviewer has concluded that the impacts to SAV, marsh or mangroves would adversely affect the manatee or its critical habitat, the applicant can elect to avoid/minimize impacts to that vegetation. In that instance, where impacts are unavoidable and the applicant elects to abide by or employ construction techniques that exceed the criteria in the following documents, the reviewer should conclude that the impacts to SAV, marsh or mangroves would not adversely affect the manatee or its critical habitat and proceed to couplet O. - "Construction Guidelines in Florida for Minor Piling -Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat," prepared jointly by the U.S. Army Corps of Engineers and the National Marine Fisheries Service (August 2001) [refer to the Corps' web pa¢el, and - "Key for Construction Conditions for Docks or Other Minor Structures Constructed in or over Johnson's seagrass (Halophila johnsonii)," prepared jointly by the National Marine Fisheries Service and U.S. Army Corps of Engineers (October 2002), for those projects within the known range of Johnson's seagrass occurrence (Sebastian Inlet to central Biscayne Bay in the lagoon systems on the east coast of Florida) [refer to the Corps' web page], 176 Where the presence of the referenced vegetation is confirmed within the area affected by docks and other piling -supported minor structures and the reviewer has concluded that the impacts to SAV, marsh or mangroves would adversely affect the manatee or its critical habitat, and the applicant does not elect to follow the above Guidelines, the Corps will need to request formal consultation on the manatee with the Service as May affect. For activities other than docks and other piling -supported minor structures proposed in SAV, marsh, or mangroves (e.g., new dredging, placement of riprap, bulkheads, etc.), if the reviewer determines the impacts to the SAV, marsh or mangroves will not adversely affect the manatee or its critical habitat, proceed to couplet O, otherwise the Corps will need to request formal consultation on the manatee with the Service as May affect. 9 See Glossary, under "is not likely to adversely affect." 10 Federal reviewers, when making your effects determination, consider effects to manatee designated critical habitat pursuant to section 7(a)(2) of the Endangered Species Act. State reviewers, when making your effects determination, consider effects to manatee habitat within the entire State of Florida, pursuant to Chapter 370.12(2)(b) Florida Statutes. 11 See the Corps' web page for manatee construction conditions. At this time, manatee construction precautions c and f are not required in the following Florida counties: Bay, Escambia, Franklin, Gilchrist, Gulf, Jefferson, Lafayette, Okaloosa, Santa Rosa, Suwannee, and Walton. 12 By letter dated April 25, 2013, the Corps received the Service's concurrence with "May affect, not likely to adversely affect" determinations made pursuant to this key for the following activities: (1) selected non -watercraft access projects; (2) watercraft - access projects that are residential dock facilities, excluding those located in the Braden River AIP; (3) launching facilities solely for kayaks and canoes, and (4) new or expanding multi -slip facilities located in Bay, Dixie, Escambia, Franklin, Gilchrist, Gulf, Hernando, Jefferson, Lafayette, Monroe (south of Craig Key), Nassau, Okaloosa, Okeechobee, Santa Rosa, Suwannee, Taylor, Wakulla or Walton County. Additionally, in the same letter dated April 25, 2013, the Corps received the Service's concurrence for "May affect, not likely to adversely affect" determinations specifically made pursuant to Couplet G of the key for the repair or rehabilitation of currently serviceable multi -slip watercraft access structures provided all of the following are met: (1) the project is not located in an IMA, (2) the number of slips is not increased; (3) the number of existing slips is not in question; and (4) the improvements to the existing watercraft access structures do not allow increased watercraft usage. Upon receipt of such a programmatic concurrence, no further consultation with the Service for these projects is required. 177 GLOSSARY Areas of inadequate protection (AIP) — Areas within counties as shown on the maps where the Service has determined that measures intended to protect manatees from the reasonable certainty of watercraft -related take are inadequate. Inadequate protection may be the result of the absence of manatee or other watercraft speed zones, insufficiency of existing speed zones, deficient speed zone signage, or the absence or insufficiency of speed zone enforcement. Boat slip — A space on land or in or over the water, other than on residential land, that is intended and/or actively used to hold a stationary watercraft or its trailer, and for which intention and/or use is confirmed by legal authorization or other documentary evidence. Examples of boat slips include, but are not limited to, docks or piers, marinas, boat ramps and associated trailer parking spaces, boat lifts, floats, floating docks, pilings, boat davits, dry storage, etc. Critical habitat — For listed species, this consists of: (1) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section 4 of the Endangered Species Act (ESA), on which are found those physical or biological features (constituent elements) (a) essential to the conservation of the species and (b) which may require special management considerations or protection; and (2) specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of section 4 of the ESA, upon a determination by the Secretary that such areas are essential for the conservation of the species. Designated critical habitats are described in 50 CFR 17 and 50 CFR 226. Currently serviceable — Currently, serviceable means usable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects — The direct or immediate effects of the project on the species or its habitat. Dredging — For the purposes of this key, the term dredging refers to all in -water work associated with dredging operations, including mobilization and demobilization activities that occur in water or require vessels. Emergent vegetation — Rooted emergent vascular macrophytes such as, but not limited to, cordgrass (Spartina alterniora and S. patens), needle rush (Juncus roemerianus), swamp sawgrass (Cladium mariscoides), saltwort (Batis maritima), saltgrass (Distichlis spicata), and glasswort (Salicornia virginica) found in coastal salt marsh -related habitats (tidal marsh, salt marsh, brackish marsh, coastal marsh, coastal wetlands, tidal wetlands). Formal consultation — A process between the Services and a Federal agency or applicant that: (1) determines whether a proposed Federal action is likely to jeopardize the continued existence of listed species or destroy or adversely modify designated critical habitat; (2) begins with a Federal agency's written request and submittal of a complete initiation package; and (3) concludes with the issuance of a biological opinion and incidental take statement by either of the Services. If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required (except when the Services concur, in writing, that a proposed 178 action "is not likely to adversely affect" listed species or designated critical habitat). [50 CFR 402.02, 50 CFR 402.14] Important manatee areas (IMA) — Areas within certain counties where increased densities of manatees occur due to the proximity of warm water discharges, freshwater discharges, natural springs and other habitat features that are attractive to manatees. These areas are heavily utilized for feeding, transiting, mating, calving, nursing or resting as indicated by aerial survey data, mortality data and telemetry data. Some of these areas may be federally -designated sanctuaries or state -designated "seasonal no entry" zones. Maps depicting important manatee areas and any accompanying text may contain a reference to these areas and their special requirements. Projects proposed within these areas must address their special requirements. Indirect. effects — Those effects that are caused by or will result from the proposed action and are later in time, but are still reasonably certain to occur. Examples of indirect effects include, but are not limited to, changes in water flow, water temperature, water quality (e.g., salinity, pH, turbidity, nutrients, chemistry), prop dredging of seagrasses, and manatee watercraft injury and mortality. Indirect effects also include watercraft access developments in waters not currently accessible to manatees, but watercraft access can, is, or may be planned to waters accessible to manatees by the addition of a boat lift or the removal of a dike or plug. Informal consultation — A process that includes all discussions and correspondence between the Services and a Federal agency or designated non -Federal representative, prior to formal consultation, to determine whether a proposed Federal action may affect listed species or critical habitat. This process allows the Federal agency to utilize the Services' expertise to evaluate the agency's assessment of potential effects or to suggest possible modifications to the proposed action which could avoid potentially adverse effects. If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required (except when the Services concur, in writing, that a proposed action "is not likely to adversely affect" listed species or designated critical habitat). [50 CFR 402.02, 50 CFR 402.13] In -water activity — Any type of activity used to construct/repair/replace any type of in -water structure or fill; the act of dredging. In -water structures — watercraft access structures - Docks or piers, marinas, boat ramps, boat slips, boat lifts, floats, floating docks, pilings (depending on use), boat davits, etc. In -water structures other than watercraft access structures — Bulkheads, seawalls, riprap, groins, boardwalks, pilings (depending on use), etc. Is likely to adversely affect — The appropriate finding in a biological assessment (or conclusion duringinformal consultation) if any adverse effect to listed species may occur as a direct or indirect result of the proposed action or its interrelated or interdependent actions and the effect is not: discountable, insignificant, or beneficial (see definition of "is not likely to adversely affect"). An "is likely to adversely affect" determination requires the initiation of formal consultation under section 7 of the ESA. 179 Is not likely to adversely affect — The appropriate conclusion when effects on listed species are expected to be discountable, insignificant, or completely beneficial. Discountable effects are those extremely unlikely to occur. Insignificant effects relate to the size of the impact and should never reach the scale where take occurs. Beneficial effects are contemporaneous positive effects without any adverse effects to the species. Based on best judgment, a person would not (1) be able to meaningfully measure, detect, or evaluate insignificant effects or (2) expect discountable effects to occur. Manatee Protection Plan (MPP) — A manatee protection plan (MPP) is a comprehensive planning document that addresses the long-term protection of the Florida manatee through law enforcement, education, boat facility siting, and habitat protection initiatives. Although MPPs are primarily developed by the counties, the plans are the product of extensive coordination and cooperation between the local governments, the FWC, the Service, and other interested parties. Manatee Protection Plan thresholds — The smallest size of a multi -slip facility addressed under the purview of a Manatee Protection Plan (MPP). For most MPPs, this threshold is five slips or more. For Brevard, Clay, Citrus, and Volusia County MPPs, this threshold is three slips or more. Mangroves — Rooted emergent trees along a shoreline that, for the purposes of this key, include red mangrove (Rhizophora mangle), black mangrove (Avicennia germinans) and white mangrove (Laguncularia racemosa). May affect — The appropriate conclusion when a proposed action may pose M effects on listed species or designated critical habitat. When the Federal agency proposing the action determines that a "may affect" situation exists, then they must either request the Services to initiate formal consultation or seek written concurrence from the Services that the action "is not likely to adversely affect' listed species. For the purpose of this key, all "may affect" determinations equate to "likely to adversely affect' and Corps Project Managers should request the Service to initiate formal consultation on the manatee or designated critical habitat. No effect — the appropriate conclusion when the action agency determines its proposed action will not affect a listed species or designated critical habitat. Multi -slip facility — Multi -slip facilities include commercial marinas, private multi -family docks, boat ramps and associated trailer parking spaces, dry storage facilities and any other similar structures or activities that provide access to the water for multiple (five slips or more, except in Brevard, Clay, Citrus, and Volusia counties where it is three slips or more) watercraft. In some instances, the Corps and the Service may elect to review multiple residential dock facilities as a multi -slip facility. New access for watercraft — New dredging and the addition, expansion or improvement of structures such as, but not limited to, docks or piers, marinas, boat ramps and associated trailer parking spaces, boat lifts, pilings, floats, floating docks, floating vessel platforms, (residential boat lifts, pilings, floats, and floating vessel platforms installed in existing slips are not considered new access), boat slips, dry storage, mooring buoys, etc., that, facilitates the addition of watercraft to, and/or increases watercraft usage in, waters accessible to manatees. 180 Observers — During dredging and other in -water operations within manatee accessible waters, the standard manatee construction conditions require all on-site project personnel to watch for manatees to ensure that those standard manatee construction conditions are met. Within important manatee areas (IMA) and under special circumstances, heightened observation is needed. Dedicated Observers are those having some prior experience in manatee observation, are dedicated only for this task, and must be someone other than the dredge and equipment operators/mechanics. Approved Observers are dedicated observers who also must be approved by the Service (if Federal permits are involved) and the FWC (if state permits are involved), prior to work commencement. Approved observers typically have significant and often project - specific observational experience. Documentation on prior experience must be submitted to these agencies for approval and must be submitted a minimum of 30 days prior to work commencement. When dedicated or approved observers are required, observers must be on site during all in -water activities, and be equipped with polarized sunglasses to aid in manatee observation. For prolonged in -water operations, multiple observers may be needed to perform observation in shifts to reduce fatigue (recommended shift length is no longer than six hours). Additional information concerning observer approval can be found at FWC's web page. Residential boat lift — A boat lift installed on a residential dock facility. Residential dock density ratio threshold — The residential dock density ratio threshold is used in the evaluation of multi -slip projects in some counties without a State -approved Manatee Protection Plan and is consistent with 1 boat slip per 100 linear feet of shoreline (1:100) owned by the applicant. Residential dock facility — A residential dock facility means a private residential dock which is used for private, recreational or leisure purposes for single-family or multi -family residences designed to moor no more than four vessels (except in Brevard, Clay, Citrus, and Volusia counties which allow only two vessels). This also includes normal appurtenances such as residential boat lifts, boat shelters with open sides, stairways, walkways, mooring pilings, dolphins, etc. In some instances, the Corps and the Service may elect to review multiple residential dock facilities as a multi -slip facility. Submerged aquatic vegetation (SAV) — Rooted, submerged, aquatic plants such as, but not limited to, shoal grass (Halodule wrightii), paddle grass (Halophila decipiens), star grass (Halophila engelmanni), Johnson's seagrass (Halophila johnsonii), sago pondweed (Potamogeton pectinatus), clasping -leaved pondweed (Potamogeton perfoliatus), widgeon grass (Ruppia maritima), manatee grass (Syringodium filiforme), turtle grass (Thalassia tesiudinum), tapegrass (Vallisneria americana), and horned pondweed (Zannichellia palustris). Warm Water Aggregation Areas (WWAAs) and No Entry Areas — Areas within certain counties where increased densities of manatees occur due to the proximity of artificial or natural warm water discharges or springs and are considered necessary for survival. Some of these areas may be federally -designated manatee sanctuaries or state -designated seasonal "no entry" manatee protection zones. Projects proposed within these areas may require consultation in order to offset expected adverse impacts. In addition, special permits may be required from the FWC in order to access these areas. 181 Watercraft access structures — Docks or piers, marinas, boat ramps and associated trailer parking spaces, boat slips, boat lifts, floats, floating docks, pilings, boat davits, dry storage, etc. Waters accessible to manatees — Although most waters of the State of Florida are accessible to the manatee, there are some areas such as landlocked lakes that are not. 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Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services SUBJECT: Emergency Operations Center (EOC) Audio/Visual System Upgrade DATE: May 15, 2018 DESCRIPTION AND CONDITIONS The current A/V system in the EOC was installed in late 2006/early 2007. The system has had performance issues associated with failures of projectors and incompatibility of analog equipment with digital computer hardware. These recurring issues have caused the video output to be inoperable in many cases and currently only half of the system is functioning. The most recent service request was to evaluate a malfunctioning projector. We were told that the parts are considered to be obsolete and no longer available. Our Emergency Operations Center (EOC) is used at least three days a week (e.g., emergency management regional meetings, fire rescue recertification training, Community Emergency Response Team training and development, Local Emergency Planning Committee meetings, staff meetings, etc.) with the primary use dedicated to emergency activations. During activations we need the A/V system for intelligence, situational awareness, planning, and recovery efforts for emergency management. Our EOC is the central hub for managing our response to any large-scale disaster. A dependable system is a priority. Upgrading our A/V will result in a more efficient and dependable system by replacing the existing analog wiring with more modern digital wiring to allow for operating at peak efficiency. The IRC Purchasing Division was provided with the project specifications and advertised an Invitation to Bid. Indian River County received a total of 4 bids to replace/upgrade the existing EOC A/V system to a digital format. IM Solutions submitted the lowest bid of $108,035.66. References for IM Solutions were contacted and all responses were favorable. Bidder's Name Quote IM Solutions $108,035.66 Star Technology Group $139,058.54 Encore Broadcast Equipment $177,127.81 Atlantic Smart Technologies $230,516.03 185 Page 2 FUNDING This was not a budgeted expense, however due to the failing equipment it is necessary to replace it at this time. A budget amendment will be required. The project expense to replace the outdated analog equipment with digital components will be funded from Optional Sales Tax Fund (315). Fund Name Account Number Fund Expense Total Optional Sales Tax Fund (315) 31520825-066E $108,035.66 Total $108,035.66 RECOMMENDATION Staff recommends the Board award the bid to the lowest, responsive and responsible bidder, IM Solutions, and authorize the Purchasing Division to issue a Purchase Order for the immediate EOC A/V work in the amount of $108,035.66. APPROVED AGENDA ITEM FOR May 22, 2018 :i (2-C. I. DEPARTMENTAL BCC Meeting May 22, 2018 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: May 14, 2018 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Assignment and License Agreement for Operation of Middleton's Fish Camp BACKGROUND On October 10, 1979, the County entered into an agreement with Joneal Middleton to fulfill the obligations to manage and maintain Middleton's Fish Camp Park at Blue Cypress Lake ("Park"). On December 2, 2008 Joneal's wife, Jeanne Middleton was added as a party to the Agreement. Joneal Middleton passed away in 2014. Jeannie Middleton now desires to assign the current Agreement and the Amendments thereto to Roy Bass. The Agreement may be assigned or transferred only with the approval of the County Commission. Roy Bass resided with the Middleton's at the age of 14, and has served the Fish Camp operation for 40 years. DESCRIPTIONS AND CONDITIONS: The Park is 23 acres in size and includes improvements consisting of bathroom facilities, bait shop, boat launch, parking lots, picnic tables, grills, rustic camping sites and a utility lift station among other amenities. The Park is a popular destination for fishing, boating, camping, birdwatching and other active and passive recreational activities. Since 1979, Joneal "Joe" and H. Jean "Jeanne" Middleton have been the caretakers of the Park under a series of agreements and amendments with the County and have operated the bait shop and rented boats for fishing or sightseeing. Roy Bass has purchased the bait shop, and pontoon boat inventory from Jeanne Middleton and is desirous of accepting the assignment with the benefits and duties contained in the Agreement and Amendments thereto together with those contained in the attached License Agreement with the County. Under the Agreement, Roy Bass would accept the assignment of the Agreement dated January 2, 1985, and the Amendments thereto. The County would grant to Roy Bass a revocable license to use and occupy the real property and improvements described on Exhibit A attached to the License Agreement, Specifically, Roy Bass is authorized to use and occupy the bait shop and surrounding property containing the bait and minnow tanks solely as a bait shop/convenience store/office, and for no other purposes. The Agreement shall take effect on the date approved by the Board of County Commissioners and shall expire on September 1, 2025. This Agreement shall be extended upon mutually agreeable terms, automatically for an additional five (5) years, unless one party notifies the other party in writing of its intent to not renew at least ninety (90) days prior to the expiration of this Agreement. F:\County Admin\BCC Agenda Items\2018\Assignment Middleton Fish Camp Lease.doe 187 Roy Bass has agreed to be responsible for supervising all activities taking place at the Park with full authority to enforce the rules and regulations of the park. Roy Bass shall contact the Sheriff's Department as needed to enforce park rules, eject visitors, issue trespass warnings or deny entry to the Park and shall ensure compliance with all applicable County ordinances regulating Park activities. FUNDING: No Funding is required to approve this Agreement. RECOMMENDATION: Staff respectfully recommends that the Board approve the Assignment and License Agreement and authorize the Chairman to sign. ATTACHMENT: Assignment and License Agreement DISTRIBUTION: David Fleetwood, Parks Superintendent Roy Bass APPROVED AGENDA ITEM FOR MAY 22, 2018 188 F:\County Admin\BCC Agenda Items\2018Wssignment Middleton Fish Camp Lease.doc ASSIGNMENT AND LICENSE AGREEMENT THIS Assignment and License Agreement (Agreement) is entered into as of this day of May, 2018, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County"), and Roy Bass Middleton's Fish Camp, LLC, (Roy Bass) 6595 58th Avenue, Vero Beach, FL 32967 Witnesseth That: WHEREAS, the County is the owner of the parcel of land known as Middleton's Blue Cypress Lake Park located at 7400 Blue Cypress Lake Road, Vero Beach, Florida, 32966; and WHEREAS, the Park is 23 acres in size and includes improvements consisting of bathroom facilities, bait shop, boat launch, parking lots, picnic tables, grills, rustic camping sites and a utility lift station among other amenities; and WHEREAS, the Park is a popular destination for fishing, boating, camping, birdwatching and other active and passive recreational activities; and WHEREAS, since 1979, Joneal "Joe" and H. Jean "Jeanne" Middleton have been the caretakers of the Park under a series of agreements and amendments with the County and have operated the bait shop and rented boats for fishing or sightseeing; and WHEREAS, Joe Middleton passed away in 2014 and Jeannie desires to assign the current Agreement and the Amendments thereto to Roy Bass; and WHEREAS, Roy Bass is desirous of accepting the assignment with the benefits and duties contained in the Agreement and Amendments thereto together with those contained in this document. NOW, THEREFORE, for in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. Assignment and License. Roy Bass hereby accepts the assignment of the Agreement dated January 2, 1985, and the Amendments thereto. The County hereby grants to Roy Bass, a revocable license to use and occupy the real property and improvements described on Exhibit A attached hereto, which property and improvements generally include a 23 acre park, a bait shop, restrooms and a utility shed (collectively "Licensed Property"). Specifically, Roy Bass is authorized to use 1 189 and occupy the bait shop and surrounding property containing the bait and minnow tanks solely as a bait shop/convenience store/office, and for no other purposes. a. The lawn mower, weed eater and blower belonging to the County are not included in this Agreement b. The water treatment system owned by the County and serviced by All - Rite Water is not included in this Agreement. The County shall continue to pay for the cost of water treatment service by All -Rite Water. 2. Term of Agreement. This Agreement shall take effect on the date approved by the Board of County commissioners and shall expire on September 1, 2025. This Agreement shall be extended upon mutually agreeable terms, automatically for an additional five (5) years, unless one party notifies the other party in writing of its intent to not renew at least ninety (90) days prior to the expiration of this Agreement. 3. Supervision of the Park Property, Roy Bass shall be responsible for supervising all activities taking place at the Park with full authority to enforce the rules and regulations of the park. Roy Bass shall contact the Sheriffs Department as needed to enforce park rules, eject visitors, issue trespass warnings or deny entry to the Park. 4. License Fee. Provided Roy Bass performs all terms and conditions of this License Agreement, Roy Bass shall not be required to pay a license fee. 5. Presence at the Park. Roy Bass shall be on site at the Park for at least 8 hours per day: for four days from the months of May through September and at least 5 days per week from October to April. 6. Duties of Roy Bass. Roy Bass shall have the following duties and responsibilities: a. Keep park premises clean and free of all debris and trash. b. Mow grass in park with own equipment. C. Maintain restroom facilities in a clean and working condition. d. Supply paper towels, toilet tissue, hand soap and needed cleaning supplies to the restrooms. e. Check all campers in and out of the park and collect the appropriate fees, if any. f. Maintain records of all campers (and fees, if any) and submit the information monthly to the Parks Division Superintendent. g. Maintain the bait shop and stock it with drinks, snacks, live and artificial baits. 2 190 h. Pay for the trash removal, monthly sewer and electric utility bills for the bait shop, parking lot lights and restrooms. i. Perform day to day repairs and maintenance on restrooms and bait shop. j. Commit no act or omission which would result in waste, damage or destruction to any portion of the Park. k. Commit no act or omission which would result in a mortgage, encumbrance, lien or other right, title or interest in the Park being acquired by any third party. I. Commit no act or omission which would constitute a violation of any applicable local, state or federal law, or a nuisance or annoyance to surrounding properties or owners or occupants of surrounding properties. M. Advise the County immediately of any security issues, damage to the Park, or any other events or conditions which could result in damage to the Park, liability to County, or any other such adverse impact to the Park or to the County. 7. Allowable Activities of ROY BASS. In exchange for performance of the above duties, Roy Bass may: a. Rent boats, canoes or other watercraft and retain any rental fees charged. b. Conduct sunset cruises, eco tours, birding outings or other guided outings and retain any fees charged. C. Charge and retain a fee not to exceed $15.00 per night for overnight camping. d. Lawfully operate the bait shop and retain any of its profits. e. Roy Bass may, upon approval by the County and receipt of proof of insurance as defined in paragraph 9, permit other entities to conduct recreational, ecological, educational or sporting programs at the Park. f. Roy Bass may store equipment at the Park in the storage shed provided. 8. Prohibited Activities. Roy Bass may not do the following: a. Sell alcoholic beverages at the Park. b. Charge for the use of the boat ramp or dock, since they were furnished is part by the Florida Inland Navigation District. C. Permit storage of unattended boats, trailers, recreational vehicles or automobiles over night at the Park. 9. Insurance. Roy Bass shall obtain and maintain commercial general liability insurance in the amount of $1,000,000, naming the County as an additional insured. The policy shall provide that written notice of cancellation shall be given to the County at least 30 days before the cancellation shall become effective. The insurance shall be written on a policy and company acceptable to -the County's Risk Management Division. 3 191 10. Non-discrimination. Roy Bass shall operate the Park in a non-discriminatory manner complying with all local, state and federal laws, rules or regulations which pertain. 11. Cancellation. This Agreement may be terminated by the County at any time on notification by any state or federal environmental regulatory agency that a serious health hazard exists from continued use of the Park. In such an event, Roy Bass shall make no claim against County for any damages. Roy Bass may cancel this agreement at any time by giving the County ninety (90) days written notice. At the termination of this Agreement from whatever cause, it shall be Roy Bass's responsibility to restore the Park to a condition no worse than what would be reasonably expected with normal wear and tear. 12. Assignment. The Agreement may be assigned or transferred only with the written approval of the County. 13. Hold Harmless. Roy Bass shall defend, indemnify and hold the County harmless from any and all claims for damages as a result of the negligence of Roy Bass, except for those claims arising out of the County's own negligence. 14. Governing Law. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit shall be in Indian River County, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 15. Improvements to the Property. Roy Bass shall obtain the County's written permission before constructing any improvements to the Park. At the termination of the Agreement, Roy Bass shall be permitted to remove any personal property not attached to any buildings. Fixtures or equipment attached to the property shall become the property of the County. 16. Breach of Agreement. A breach by Roy Bass of any of its obligations under this Agreement shall be grounds for the County to terminate this Agreement, except that before such termination, Roy Bass shall be given written notice with thirty (30) days to cure the breach. In the event of a lapse of insurance as set forth in paragraph 9, Roy Bass shall have 30 days to reinstate the insurance and shall agree to suspend all operations and use of the Park until insurance is reinstated. Failure to timely reinstate the insurance or use of the Park while there is no insurance may subject IRLAX to automatic termination of this Agreement. 4 192 17. Condition of the Licensed Premises. The Park property is licensed in "as is" condition without warranty or representation as to its condition. Roy Bass has examined the Park property and agrees that they are acceptable and suitable for Roy Bass's use. The remainder of this page was left blank intentionally. IN WITNESS WHEREOF, the County and Roy Bass have executed this instrument this day of May 2018. ATTEST: Jeffry R. Smith Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney Roy Bass Middleton's Fish Camp, LLC: Roy Bass, Manager Roy Bass, Individually Roy Bass BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Approved: Jason E. Brown County Administrator Witness Printed name Witness Printed name: 5 193 Dylan Reingold, County Attorney, William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant CountyAttomey i3.A. Attorney's Matters - B.C.C. 05.22.18 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorney DATE: May 16, 2018 SUBJECT: Customary Use ATTORNEY Background: The public has a right of access along Florida's beaches and shorelines below the mean high water line. Article X, Section 11 of the Florida Constitution provides that the state holds the land seaward of the mean high water line (MHWL) in trust for the people. This is commonly known as the "Public Trust Doctrine." The public also can access the dry sand areas of the beach above the MHWL if the activity has continued for a long time without interruption. This is commonly known as the "Customary Use Doctrine." While customary use is not an interest in the land itself, it is a right to enjoy the land for recreational purposes. In the past, Florida courts have recognized the Customary Use Doctrine applies to a specific area of a particular beach and not on a parcel by parcel basis.' It is determined on a case-by-case basis where the court must balance whether the proposed use of the land by the fee owners will interfere with such use enjoyed by the public in the past. ,2 Recently, there has been some confrontation in other jurisdictions between coastal homeowners who erected fences and/or "no trespassing signs" and beach goers who want to access and recreationally use the dry area of sand above the MHWL. Walton County, Volusia County and St. Johns County have each passed ordinances to address this issue, but not without some controversy. In particular, Walton County adopted an ordinance in 2016 declaring the dry sand areas of the county subject to the customary use doctrine. Based on that finding, the ordinance prohibits signs, fencing and other obstructions within the dry sand areas. The ordinance was quickly challenged by a group of coastal homeowners. In November of 2017, a federal judge in Pensacola sided with Walton County and ruled that it had not overstepped its bounds by passing an ordinance because it was not prohibited by Florida law.3 The federal judge also ruled that coastal 'See Cit of f Daytona Beach v. Tona-Rama. Inc., 294 So. 2d 73 (Fla. 1974); See also Trepanier v. County Of Volusia, 965 So. 2d 276, 287-288 (Fla. 51 DCA 2007). 2 Reynolds v. Cty. of Volusia, 659 So. 2d 1186, 1190 (Fla. 5th DCA 1995). 3 Alford v. Walton County, No. 3:16CV362/1\4CR/CJK, 2017 WL 8785115, at *16 (N.D. Fla. Nov. 22, 2017). C:IUsersllegi—WppDaWLo ATempWCL TechnologiesleasyPDF 81@BCL BO]992DF@BCL@B01992DF.docx - 195 homeowners had a right to a judicial review and a determination of the existence of customary use rights.4 Subsequently, the Florida Legislature passed, and Governor Rick Scott signed, HB 631 in 2018. HB 631 prohibits a governmental entity from adopting or keeping in effect an ordinance or rule establishing customary use of privately owned dry sand areas. A governmental entity seeking to establish the customary use of privately owned lands is required to adopt, at a public hearing, a formal notice of intent, provide notice to affected parcel owners, and file a complaint with a circuit court to determine whether the land is subject to the customary use doctrine. A grandfather clause was put into place for any ordinance or rule adopted and in effect prior to January 1, 2016. HB 631 also includes a clause that states a governmental entity may raise customary use as an affirmative defense in proceedings challenging an ordinance or rule adopted prior to July 1, 2018. Currently, Indian River County does not have an ordinance that pertains to customary use. The County Attorney's Office has reached out to other coastal counties across the State of Florida in an effort to give the Indian River County Board of County Commissioners (Board) some options on how to proceed forward. While some local governments-- like Flagler County-- are quickly drafting and approving ordinances in an attempt to be able to use customary use as a defense if they are challenged by coastal property owners, others are choosing not to move forward with an ordinance for fears that it may ignite a claim under the Bert J. Harris Act. While the responses of local governments differ between jurisdictions, there is a general consensus that HB 631 could bring unintended consequences like litigation and impacts to beach renourishment programs throughout the State of Florida. One potential issue relates to whether a local government will be denied access to renourish part of a beach within its jurisdiction that is high in the dry sand. Indian River County is fortunate in that it partners with the State of Florida on most of our projects. To do so, Indian River County has established an erosion control line (ECL) on most of its beaches. Once an ECL has been established, it replaces the MHWL and the common law no longer. applies. However, while the ECL is usually higher than the MHWL, it usually does not include the sand dunes. This creates a potential issue if the dunes need to be renourished due to a storm event or natural erosion because title to all lands seaward of the ECL is vested in the state as sovereign, and title to all lands landward of the ECL is vested in the coastal homeowner.5 Moreover, while the State of Florida requires all beach projects receiving state funds to provide for adequate public access, protect natural resources, and provide protection for endangered and threatened species, it is unknown what will happen if a local government decides to pay for a beach renourishment project without the State's assistance. 6 If Indian River County is denied access to certain areas of the beach by coastal homeowners, the coastal management plan could be jeopardized. Another potential issue relates to whether FEMA funding for an emergency storm event will be impacted by the new law. Indian River County has formalized a coastal management plan that includes interlocal agreements with City of Vero Beach and the Town of Orchid. Through these interlocal agreements, the County assumes legal responsibility of large-scale beach management projects. In the past, we have not had any issues with FEMA funding. This is not to say, however, that it will not be an issue in the future, especially in light of the recent change in the laws both at the state and federal level after post Hurricane Matthew. The Board may wish to consider some options to address these issues. The first option includes researching a See Id. 5 s. 161.191(2), F.S. 6 s. 161.101(12), F.S. 196 the historical use of the beaches within Indian River County and adopting an ordinance declaring specific areas of the beach that have been used uninterrupted for a long period of time to be public under the customary use doctrine. The second option is to enter into agreements with the individual property owners along the coastline in Indian River County to receive written permission to transverse and renourish the area of sandy beach between the unvegetated dune seaward to the MHWL or ECL. The third option, which is more of a funding option, is to create a special taxing district (a.k.a. erosion control district) to "initiate and carryon such studies and investigations as may be necessary to plan a logical and suitable program for comprehensive beach and shore preservation." There are at least three of these districts in Florida: the St. Lucie County Erosion District, the Town of Jupiter Island Beach Protection District, and the Captiva Erosion Prevention District (CEPD). Pursuant to Chapter 161, these districts are authorized to raise funds to support the county's beach and shore preservation program. The districts are also authorized under Chapter 161 to enter upon private property for purposes of making surveys, soundings, drillings and examinations, and such entry shall not be deemed a trespass.8 Moreover, the CEPD has placed in its internal rules and regulations that it is authorized to issue an "emergency repair and/or maintenance order" for any project constructed by any person, firm, corporation, public or private, within the DEPD's jurisdiction. RECOMMENDATION. The County Attorney's Office recommends the Board determine whether to direct staff to draft an ordinance relating to the customary use doctrine, to draft an agreement for permission to access and renourish the area of sandy beach between the unvegetated dune seaward to the MHWL or ECL, or move forward with the next steps in establishing a special taxing district. ATTACHMENT(S). A copy of the draft ordinance from Flagler County. 7 s. 161.28, F.S. 8 s. 161.36(5), F.S. 197 Draft for May 7, 2018 Hearing ORDINANCE 2018 - AN ORDINANCE OF THE FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS RECOGNIZING THE RIGHT OF CUSTOMARY USE OF THE BEACH BY THE PUBLIC SUBJECT TO LIMITATIONS; PROVIDING FOR FINDINGS; PROVIDING FOR CODIFICATION AND SCRIVENER ERRORS; PROVIDING FOR JUDICIAL REVIEW AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, most of the public do not realize that many of the dry sandy beaches of the State including within Flagler. County are part of privately owned parcels along the coastline; and Whereas, the recent passage of Chapter 2018-094, Laws of Florida, means that the County may pass an ordinance prior to July 1, 2018, recognizing the right of members of the public to utilize the beaches of the County as they have without dispute since time immemorial; and Whereas, after July 1, 2018, the County may still pass an ordinance recognizing the customary use of the beaches by the public, but only after filing a complaint in the Circuit Court against its own citizens who own property along the beachfront; and Whereas, the County is engaged in the largest capital project of its existence in repairing its 18 mile coastline from the catastrophic damages wrought by Hurricanes Matthew and Irma in order that neighborhoods on the barrier island will be protected and the public can enjoy the beaches; and Whereas, the damages from the hurricanes exposed beachfront property to extensive loss and made them vulnerable to further damage from nor'easters and other high tide events; and Whereas, some oceanfront homes were "red tagged," preventing homeowners from entering or using their homes with some homes perched perilously on escarpments at risk of collapsing; and Whereas, due to the destruction of the dunes, including the obliteration of any of the stabilizing vegetation of the dunes, some homes flooded two and three times as ocean water poured inland from the hurricanes and from later tidal events; and 198 Whereas, portions of State Road A1A were closed due to severe damage with a risk of the roadway collapsing onto the beach and further threatening the collapse of homes and businesses on roadway's west, landward side; and Whereas, the County remains under a declared state of local emergency due to the damage to the beach and to private and public property and the continuing exposure and vulnerability to additional loss; and Whereas, the County was unable to secure funding from the Federal Emergency Management Agency to assist in the installation of the emergency protective berm along most of the beach, in part, because the County lacked a customary use ordinance or similar legal instrument establishing its responsibility for, and relationship to, the beach for the use of the public; and Whereas, Congress has not appropriated funding for renourishment of the beaches within the County, and absent federal funding the County has not been able to pursue a renourishment project; and Whereas, the County had to reconstruct as much of the beach dunes as available public and private funds would allow for the length of the County's coastline to reduce the risk of further catastrophic damage due to the absence of a stable, protective dune system; and Whereas, in furtherance of this effort, the County procured state funds as it could from the Legislature, the Governor, the Florida Department of Environmental Protection, and the Florida Department of Transportation; and Whereas, the County voted to increase its Tourism Development Tax and apply additional revenue from this source of funding to help the County partially defray the costs of rebuilding its beach; and Whereas, the County has used its borrowing capacity and took on debt to add public dollar resources to the beach repair project; and Whereas, some private property associations assisted by pledging substantial funding for the project as part of the County's financing of the project; and Whereas, the County hired specialized consultants and dedicated its engineering staff to procure permits from the state and obtain compatible sand from sources outside the County to carry out the work; and Page 2 of 11 199 Whereas, the County leased large track vehicles and other specialized equipment to conduct the work using its own employees and hired extra employees to further the progress of the work; and Whereas, the County had to secure natural vegetation that would stabilize the newly constructed beach berms and to procure contractors to install the vegetation; and Whereas, the pursuit of this unprecedented community effort required intergovernmental coordination among Flagler's municipalities and the State, and the full cooperation of the beachfront residents and businesses, as well as support from citizens and businesses generally; and Whereas, the enormity of the permitting hurdles, the engineering and procurement challenges, and the need to construct an integrated project without gaps or openings along the coastline placed the project outside of the capability of any private owner or association of owners; and Whereas, beachfront property owners substantially supported the project and wanted the County to master plan and perform the work; and Whereas, Flagler County's general public and taxpayers supported the expenditure of public funds and resources to perform the project because it would provide a beach that the public could continue to use for recreational purposes; and Whereas, Flagler County pursued the project and applied its public resources to the entirety of the beach, from County line to County line, on the basis that the work would primarily benefit the public by restoring the beach for their recreational use; and Whereas, some of the properties that received the benefits of the project were privately owned parcels extending onto the dry sandy portion of the beach; and Whereas, it was never the intention of the County or its citizens to confer a primary private benefit though its public investments without the ability to continue the public's customary right to use the beaches for recreation and enjoyment; and Whereas, the passage of Florida Chapter 2018-94 creates severe hurdles to Flagler County's ability to apply public resources presently and in the future to that portion of its. beaches which are private property; and Whereas, the County's intent in recognizing the customary use of the beaches within the County is not only to preserve the status quo in regards to public access and use, but also to ensure the present and future ability to expend public resources on beachfront property that may be privately owned by deed or other instrument from the Page 3 of 11 200 dune system to the mean high water line (commonly known as the sandy beach or dry sand beach); and Whereas, the County accordingly must act to secure the right of the public's customary use of the beach for recreational purposes. NOW THEREFORE, BE IT ORDAINED by the Flagler County Board of County Commissioners, as follows: Section I. Findings. The foregoing shall be incorporated as findings of fact. Section 11. Additional Findings. A.) The Customary Use Doctrine 1. Art. X, §11 of the Florida Constitution declares that the State holds title to land under navigable waters, including beaches of theAtlantic Ocean below the mean high water lines, in trust for all the people. 2. The Florida Supreme Court has long recognized the right of the public to access and enjoy Florida's oceans and beaches as a natural adjunct to use of the foreshore area—most notably in the 1939 case of White v. Hughes and the 1974 case of .City of Daytona Beach v. Tona-Rama, Inc. 3. The State Comprehensive Plan, as codified at Section 187.201(8)(b)2, Florida Statutes, expresses the Legislature's intent to preserve the public's right to reasonable access to beaches. 4. The Coastal Management Element of the Flagler County Comprehensive Plan includes objectives to ensure beach access and the overall quality of the beach environment. 5. The United States District Court for the Northern District recently held in the 2017 case of Alford v. Walton County, that the public's right to utilize the dry sand area of Florida beaches does not arise by judicial recognition but is acquired by custom, which emanates from long-term, open, obvious and widely accepted and widely -exercised public use. The court further held that Walton County was legally empowered to enact a customary use ordinance. 6. in the 2007 case of Trepanier v. County Of Volusia, the Fifth District Court of Appeal explained that evidence of the long-term, customary use of a beach by the public could be demonstrated by reference to a general area of the beach and need not be proven on a parcel -by - parcel basis. Page 4 of 11 201 dune system to the mean high water line (commonly known as the sandy beach or dry sand beach); and Whereas, the County accordingly must act to secure the right of the public's customary use of the beach for recreational purposes. NOW THEREFORE, BE IT ORDAINED by the Flagler County Board of County Commissioners, as follows: Section I. Findings. The foregoing shall be incorporated as findings of fact. Section II. Additional Findings. A.) The Customary Use Doctrine 1. Art. X, §11 of the Florida Constitution declares that the State holds title to land under navigable waters, including beaches of the Atlantic Ocean below the mean high water lines, in trust for all the people. 2. The Florida Supreme Court has long recognized the right of the public to access and enjoy Florida's oceans and beaches as a natural adjunct to use of the foreshore area—most notably in the 1939 case of White v. Hughes and the 1974 case of City of Daytona Beach v. Tona-Rama, Inc. 3. The State Comprehensive Plan, as codified at Section 187.201(8)(b)2, Florida Statutes, expresses the Legislature's intent to preserve the public's right to reasonable access to beaches. 4. The Coastal Management Element of the Flagler County Comprehensive Plan includes objectives to ensure beach access and the overall quality of the beach environment. 5. The United States District Court for the Northern District recently held in the 2017 case of Alford v. Walton County, that the public's right to utilize the dry sand area of Florida beaches does not arise by judicial recognition but is acquired by custom, which emanates from long-term, open, obvious and widely accepted and widely -exercised public use. The court further held that Walton County was legally empowered to enact a customary use ordinance. 6. In the 2007 case of Trepanier v. County Of Volusia, the Fifth District Court of Appeal explained that evidence of the long-term, customary use of a beach by the public could be demonstrated by reference to a general area of the beach and need not be proven on a parcel -by - parcel basis. Page 4 of 11 202 7. The Florida Legislature passed and the Governor signed into law House Bill 631, Florida Chapter 2018 - 94, to be codified as a new section to the Florida Statutes. The new section, Section 163.035, Florida Statutes, provides a difficult, impractical and expensive legal process to ensure public access to beaches for local jurisdictions which fail to enact a customary use ordinance prior to July 1, 2018. 8. An amendment to House Bill 631, Florida Chapter 18-94, was added on the floor of the Senate and adopted by the House, which granted more leeway for the County to adopt a customary use ordinance prior to July 1, 2018 as follows: "APPLICABILITY.—This section does not apply to a governmental entity with an ordinance or rule that was adopted and in effect on or before January 1, 2016, and does not deprive a governmental entity from raising customary use as an affirmative defense in any proceeding challenging an ordinance or rule adopted before July 1, 2018." (Emphasis added) B.) Customary Use of the Beaches of Flagler County 1. The public has utilized every part of the dry sandy (and in some cases rocky) areas of the approximately eighteen miles of the Atlantic Ocean beach of Flagler County landward of the mean high water line to the easternmost seaward side of any sea wall, dune bluff, dune crest, rock revetment crest, or line of permanent dune vegetation, (the "Beach") for fishing, bathing, sunbathing, walking, navigation, surfing, exercising, kiting, photographing, picnicking, and other recreational activities without dispute or interruption since time immemorial (collectively, "Customary Use"). 2. There is extensive documentation of historical Customary Use of the Beach. Numerous members of the public submitted testimony, photographs, records, and statements demonstrating longstanding, continuous Customary Use of the Beach, which statements have been made part of the record of this Ordinance's adoption. 3. County staff has .also documented some of the historical Customary Use activities in the twentieth and twenty-first centuries, and the County will continue to further document the public's ancient, historic and more recent Customary Use of the Beach and will enter such documentation into the record of the Board of County Commissioners (the "Board") at its public hearings. 4. Public access to the Beach has never been hindered, nor has the Beach ever been segmented by fencing, barriers or other obstructions, and the Customary Use of the Beach has been without dispute and uninterrupted since ancient times. There has been no Page 5 of 11 203 specific or general dispute in Flagler County about the Customary Use of the Beach by the public or by beachfront property owners. 5. The annual Independence Day celebration and fireworks display from the Flagler Beach Pier attracts thousands of observers to the Beach. Other events draw residents and tourists to the Beach in ever increasing numbers as the Tourist Development Office succeeds in promoting the County as an eco -tourism destination. 6. The Volusia Flagler Turtle Patrol is a nonprofit corporation that patrols the entire length of the Beach utilizing all -terrain vehicles in order to ensure the protection of sea turtles. 7. Florida State Road 140, identified in many of the early plats of the Beach, was a public right of way. The County has not abandoned the road and its successors located on the beach, although the County has prohibited beach driving except by government vehicles for emergencies, repairs or for protecting habitat and species. C.) Local Government Action Consistent with Customary Use 1. For decades, the Board has demonstrated a commitment to ensuring public access to the Beach by purchasing or dedicating beachfront for public parks, and by building parking lots, dune crossovers, restrooms and other amenities strategically spaced along the beach to accommodate broad public access and recreational use of the entire Beach. 2. Since the mid -1980's, with one inadvertent exception, the Board has not permitted any new platting of the Beach to be parceled for development, instead requiring the platting of conservation parcels which do not permit any construction or development except for limited dune crossovers. 3. The Flagler County Property Appraiser does not assess the Beach portion of parcels along the coastline for the purposes of ad valorem taxation. 4. Flagler County with the municipalities of Flagler Beach, Beverly Beach and Marineland sought National Scenic Byway designation for State Road AM based on its open beaches and their rural ambiance. The National Scenic Byway designation was based on the amount and ease of public's accessibility to the County's beaches. 5. The Board contributes funding to ocean rescue services on the Beach including for rescues conducted using ATV's in Page 6 of 11 204 unincorporated Flagler County and for lifeguard services in the City of Flagler Beach. 6. Since 2016, Flagler County has remained under a State of Local Emergency primarily because of the extreme vulnerability of the barrier island after Hurricanes Matthew and Irma and other storms have battered the Beach and the dunes. The Board is currently engaged in a dune restoration project along approximately twelve miles of the Beach north of the City of Flagler Beach at a cost of over $20 million with funding from County, State, and Federal governments and private sources in order to protect the Beach from erosion and protect public infrastructure and residential neighborhoods from flooding. The Board has begun planning the additional restoration of over six miles of the dune system along the Beach within the Town of Beverly Beach and the City of Flagler Beach, a project to commence in 2019 and also estimated at a cost over $20 million. Ensuring the continued Customary Use of the Beach by the public justifies'the expenditure of public funds to restore the dunes and serves a paramount public purpose in furtherance of the emergency recovery. 7. Formally declaring the Customary Use of the Beach will aid Flagler County in securing and applying for outside agency funding for protection and preservation of the Beach, including those areas of the Beach under private ownership. 8. The Board has enacted regulatory ordinances to enhance the safety and enjoyment of visitors to the Beach including the prohibition of driving on the Beach, the prohibition of the. removal of coquina from the Beach, and that sea turtle nesting on the Beach is protected. 9. The Board has undertaken measures when necessary to improve the safety, environment, and aesthetics of the Beach, including the removal of abandoned vessels, contraband, and deceased marine animals and the preservation of historical artifacts found on the Beach. 10. The Board, through its Tourist Development Office and in partnership with community stakeholders, has implemented a campaign titled, "Dodge the Dunes' in order to educate the public about the dangers of erosion exacerbated by beachgoers who damage dune vegetation by not utilizing designated crossovers. D.) Customary Use Declared within the Municipalities 1. The City of Flagler Beach and the Towns of Beverly Beach and Marineland have also enacted regulatory codes and/or implemented Page 7 of 11 205 management plans to ensure the safety and enjoyment of the Beach for visitors. 2. The governing boards of the City of Flagler Beach and the Towns of Beverly Beach and Marineland acknowledge the public's right to Customary Use of the Beach within their respective jurisdictions and support the application of this Ordinance within their municipal boundaries. E.) Authority to Adopt Customary Use Ordinance 1. Art. VIII, §1(f) of the Florida Constitution grants non -charter counties the power of self-government and authorizes the Board to enact ordinances not inconsistent with general or special law. 2. Section 125.01 (1), Florida Statutes, provides the Board with the power to carry on county government consistent with law, and Section 125.01(3)(b), Florida Statutes, states that the provisions of that section shall be liberally construed in order to secure for counties the broad exercise of home rule powers. 3. The Board conducted a Workshop on April 16, 2018 to hear, discuss, and consider the issues raised by this Ordinance. 4. The Board held duly noticed public hearings on May 7, 2018 and May 21, 2018, and June 4, 2018 and approved this Ordinance. F.) Legislative Intent 1. The Board finds as a legislative fact binding on the County government: that the Beach is a treasured asset of Flagler County, vital to quality of life for residents and visitors, the primary attraction of tourists to the County, and a critical component of the County's economic development; that since time immemorial, the public has enjoyed access to the Beach and has made recreational use of the Beach; that such use has been ancient, reasonable, without interruption, and free from dispute; and that because of this customary access and use, the public has the right of access to the Beach and a right to use the Beach for recreation and other customary purposes. 2. The Board further finds that the Beach is and should be managed as a linear public park open to all the people. 3. The Board has a significant and legitimate government interest in ensuring public access to, and Customary Use of, the Beach, and the provisions in this Ordinance are narrowly tailored to achieve that goal. 4. At the same time, the Board acknowledges the fee simple interest of Beach landowners and the right of those landowners to make any use Page 8 of 11 206 of their property subject to reasonable regulation and consistent with the Customary Use of the Beach by the public. 5. The Board desires to balance all reasonable competing uses of the Beach. 6. The Board wishes to preserve the status quo of the open beaches of Flagler County and maintain the rural character of its beaches. Section II. Code of Ordinances Amendment. Section 7-1 of the Flagler County Code of Ordinances is amended as follows (additions shown in underline, deletions shown as strikethrough): Sec. 7-1. — �^ se -tion 1 6.Customary Use of the Beach. (a) For purposes of this Section, the term, "Beach," shall mean the entirety of the dry sandy (in some cases rocky) areas of the Atlantic Ocean beaches in Flagler County extending landward of the mean high water line to the easternmost seaward side of any sea wall, dune bluff, dune toe, rock revetment toe or any permanent dune vegetation. (b) Public Access and Use. (1) The public's longstanding customary use of the dry sand areas of all of the Beach for recreational purposes is hereby recognized and protected. The public, individually and collectively, subiect to the provisions herein, shall have the right of personal ingress and egress to and from the Beach from public_ approaches or public dune crossovers and the right to make customary recreational use of the Beach. (2) It is prohibited for any person to obstruct or hinder the right of the public, individually and collectively, to enter or leave the beach by way of any public approach or public dune crossover or to use lawfully any part of the Beach for customary recreational purposes. It is further prohibited for any person to display any warning, in whatever form, in an attempt to prohibit or hinder public access to, or use of, the Beach. (c) Limitations. (1) This Ordinance does not authorize the access and use of privately owned areas of the Beach after 10 p.m. and before sunrise, nor any commercial use at any time. Page 9 of 11 207 (2) It shall be unlawful for any person to walk upon or otherwise traverse the dune areas of the Beach except when utilizing designated crossovers, provided however, that this provision does not apply to those engaged ingovernment permitted activity or activities otherwise authorized by law. (3) This Ordinance only authorizes the following activities by the public on privately owned beachfronts: swimming, fishing, hiking, bicycling, picnicking, shelling, surfing, sunbathing, kiting and building sand castles and other such sand objects. These and other traditional uses of the beach by the public shall be allowed at public beach parks. (d) Exceptions. (1) This Section shall not apply to individuals authorized by Federal, State, or local law to engage in activities otherwise prohibited herein, including, but not limited to, Sea Turtle Patrol, emergency responders, and those engaged in permitted dune restoration and flood control. (2) Notwithstanding anything in this Section to the contrary, the County Administrator, the Emergency Management Chief, the Sheriff, or their designees shall have the authority to temporarily close the entire Beach or any portion thereof for use by the public during storms or other emergency situations. (e) Violations of the provisions herein shall be punishable as provided for in Chapter 9 of this Code, provided however, that imposition of a penalty does not prevent the pursuit and issuance of injunctive relief. Section III. Codification and Scrivener Errors. Section 2 of this Ordinance shall be included and incorporated into the Code of Ordinances of Flagler County, Florida, as additions and amendments thereto, and shall be appropriately renumbered or re - lettered to conform to the uniform numbering system of the code. Scrivener's errors may be corrected as deemed necessary. Section IV. Judicial Review and Severability. A.) This Ordinance is subject to judicial review in the Seventh Judicial Circuit in and for Flagler County. In any proceeding in which a landowner challenges this Ordinance, the County may raise customary use as an affirmative defense. B.) If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Page 10 of 11 208 Section V. Effective Date. Pursuant to Section 125.66, Florida Statutes, this Ordinance shall take effect upon filing with the Secretary of State. PASSED AND ADOPTED by the Flagler County Board of County Commissioners this 4th day of June 2018. ATTEST: FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS Gregory L. Hansen, Chair APPROVED AS TO FORM: Tom Bexley, Clerk of the Circuit Al Hadeed, County Attorney Court and Comptroller Page 11 of 11 209 I. .. i 1 - CUSTOMARY USE DOCTRINE IN FLORIDA "NO PART OF FLORIDA IS MORE EXCLUSIVELY HERS, NOR MORE PROPERLY UTILIZED BY HER PEOPLE THAN HER BEACHES. AND THE RIGHT OF THE PUBLIC OF ACCESS TO, AND ENJOYMENT OF, FLORIDA'S OCEANS AND BEACHES HAS LONG BEEN RECOGNIZED BY THIS COURT." CITY OF DAYTONA BEACH V. TONA-RAMA, INC., 294 SO. 2D 73,75 (FLA. 1974). CITY OF DAYTONA BEACH V. TONA-RAMA, INC. • THE FLORIDA SUPREME COURT FOUND PUBLIC HAD A RIGHT OF CUSTOMARY USE OF THE DRY SAND AREA OF THAT SPECIFIC TRACT OF LAND. • THE FLORIDA SUPREME COURT HELD THAT CUSTOMARY USE IS ESTABLISHED WHERE THE "RECREATIONAL USE ... HAS BEEN ANCIENT, REASONABLE, WITHOUT INTERRUPTION AND FREE FROM DISPUTE." • DOES NOT CREATE INTEREST IN THE LAND ITSELF, I.E., NOT AN EASEMENT. • NOW REFERRED TO AS "CUSTOMARY USE DOCTRINE".FIN FLORIDA. - 6/7/2018 j -2 TREPANIER V. COUNTY OF VOLUSIA 965 SO. 2D 276 (FLA. 5TH DCA 2007) "TO ESTABLISH A CUSTOMARY RIGHT, WE DO NOT SUGGEST THAT THE COUNTY MUST PROVE THAT CARS, HORSES, OR OTHER MODES OF TRANSPORTATION HAVE CUSTOMARILY TRAVERSED AND PARKED ON APPELLANTS' SPECIFIC PARCELS OF PROPERTY. RATHER, WE READ TONA—RAMA TO REQUIRE PROOF THAT THE GENERAL AREA OF THE BEACH WHERE APPELLANTS' PROPERTY IS LOCATED HAS CUSTOMARILY BEEN PUT TO SUCH USE AND THAT THE EXTENT OF SUCH CUSTOMARY USE ON PRIVATE PROPERTY IS CONSISTENT WITH THE PUBLIC'S CLAIM OF RIGHT." (TREPANIER AT 290). • WHEN SHOWING CUSTOMARY USE, THE HISTORIC USE DOES NOT NEED TO BE SPECIFIC TO THE PARCEL AT ISSUE; INSTEAD, THE USE MUST BE WITHIN THE "GENERAL AREA' OF THE BEACH WHERE THE PARCEL IS LOCATED. s .�•�` RECENTLY, THERE HAS BEEN A BATTLE IN OTHER JURISDICTIONS BETWEEN, COASTAL HOMEOWNERS WHO HAVE ERECTED FENCES AND/OR "NO TRESPASSING SIGNS" AND BEACH GOERS WHO WANT TO ACCESS AND RECREATIONALLY USE THE DRY AREA OF SAND ABOVE THE MHWL _ NOSA4P�SS1N6NOTA SSIN :� , 4A1VAiE Pi1IiP[1iTY F - siva orFsrr r ^J "M.rri ^it. FXtiMQ5 f0 t"JIiA;ft t _ q I mllaim w.ee *ffa� '�`+,,�Ry �jC., , y` _S3•S£Dxi TF'Sk'Y �S ffslf7i� ,•' { � TaY6915HA. 14t. � 7� `r4 ��"����+.� . •- � �� l 6/7/2018 �q- 3 w✓ PRE -2018 CUSTOMARY USE ORDINANCES • WALTON COUNTY, VOLUSIA COUNTY AND ST. JOHNS COUNTY HAVE EACH PASSED ORDINANCES TO ADDRESS CUSTOMARY USE IN THEIR JURISDICTIONS. • FOR EXAMPLE, WALTON COUNTY'S ORDINANCE ADOPTED AN ORDINANCE IN 2016 DECLARING THE DRY SAND AREAS OF THE COUNTY SUBJECT TO THE CUSTOMARY USE DOCTRINE. BASED ON THAT FINDING, THE ORDINANCE PROHIBITED SIGNS, FENCING AND OTHER OBSTRUCTIONS WITHIN THE DRY SAND AREAS. ALFORD V. WALTON COUNTY, NO. 3:16CV362/MCR/CJK, 2017 WL 8785115, AT X16 (N.D. FLA. NOV. 22, 2017) • THE ORDINANCE WAS.QUICKLY CHALLENGED BY A GROUP OF COASTAL HOMEOWNERS. • IN NOVEMBER OF 2017, A FEDERAL JUDGE IN PENSACOLA SIDED WITH WALTON COUNTY AND RULED THAT IT HAD NOT OVERSTEPPED ITS BOUNDS BY PASSING AN ORDINANCE BECAUSE IT WAS NOT PROHIBITED BY FLORIDA LAW. IN z 6/7/2018 2! ,4 LEGISLATION r CHAPTER 2018-094, LAWS OF FLORIDA (A.K.A. HB 631) • PROHIBITS A GOVERNMENTAL ENTITY FROM ADOPTING OR KEEPING IN EFFECT AN ORDINANCE OR RULE ESTABLISHING CUSTOMARY USE OF PRIVATELY OWNED DRY SAND AREAS. • A GOVERNMENTAL ENTITY SEEKING TO ESTABLISH THE CUSTOMARY USE OF PRIVATELY OWNED LANDS IS REQUIRED TO ADOPT, AT A PUBLIC HEARING, A FORMAL NOTICE OF INTENT, PROVIDE NOTICE TO AFFECTED PARCEL OWNERS, AND FILE A COMPLAINT WITH A CIRCUIT COURT TO DETERMINE WHETHER THE LAND IS SUBJECT TO THE CUSTOMARY USE DOCTRINE. • A GRANDFATHER CLAUSE WAS PUT INTO PLACE FOR ANY ORDINANCE OR RULE ADOPTED AND IN EFFECT PRIOR TO JANUARY 1, 2016. • ANOTHER CLAUSE STATES A GOVERNMENTAL ENTITY MAY RAISE CUSTOMARY USE AS AN AFFIRMATIVE DEFENSE IN PROCEEDINGS CHALLENGING AN ORDINANCE OR RULE ADOPTED PRIOR TO JULY 1, 2018. POSSIBLE UNINTENDED CONSEQUENCES BEACH RENOURISHMENT PROJECTS • INDIAN RIVER COUNTY PARTNERS WITH THE STATE OF FLORIDA ON MOST OF ITS PROJECTS. • IN DOING SO, AN EROSION CONTROL LINE (ECL) HAS BEEN ESTABLISHED ON MOST OF ITS BEACHES. • ONCE ESTABLISHED, THE ECL REPLACES THE MHWL AS THE LINE BETWEEN PUBLIC AND PRIVATE PROPERTY. • HOWEVER, WHILE THE ECL IS USUALLY HIGHER THAN THE MHWL, IT USUALLY DOES NOT INCLUDE THE SAND DUNES. • THIS CREATES A POTENTIAL ISSUE IF THE DUNES NEED TO BE RENOURISHED DUE TO A STORM EVENT OR NATURAL EROSION. • IF INDIAN RIVER COUNTY IS DENIED ACCESS TO CERTAIN AREAS OF THE BEACH BY COASTAL HOMEOWNERS, THE COASTAL MANAGEMENT PLAN COULD BE JEOPARDIZED. • SEA TURTLE MONITORING RESTRICTIONS 6/7/2018 'U, -5 Threatens public and private infrastructure Narrows the usable beach - ^k •� ��rZ , az 1 POSSIBLE UNINTENDED CONSEQUENCES FEMA FUNDING • INDIAN RIVER COUNTY HAS FORMALIZED A BEACH PRESERVATION PLAN THAT INCLUDES INTERLOCAL AGREEMENTS WITH CITY OF VERO BEACH AND THE TOWN OF ORCHID. • THROUGH THESE INTERLOCAL AGREEMENTS, THE COUNTY ASSUMES LEGAL RESPONSIBILITY OF LARGE-SCALE BEACH MANAGEMENT PROJECTS. • HISTORICALLY, WE HAVE NOT HAD ANY ISSUES WITH FEMA FUNDING. • RECENT CHANGES IN BOTH STATE LAW AND FEDERAL LAW POST HURRICANE MATTHEW COULD IMPACT THE COUNTY'S FEMA FUNDING. • .AN EXAMPLE IS FLAGLER COUNTY WAS DENIED FEMA FUNDING TO ASSIST IN THE INSTALLATION OF THE EMERGENCY PROTECTIVE BERM AFTER MATTHEW, IN PART, BECAUSE IT LACKED A CUSTOMARY USE ORDINANCE OR SIMILAR LEGAL INSTRUMENT ESTABLISHING ITS RESPONSIBILITY FOR, AND RELATIONSHIP TO, THE DRY SAND BEACH FOR THE USE OF THE PUBLIC. OPTION 1 (1) ADOPT AN ORDINANCE. • ACCORDING TO HB 631, IF INDIAN RIVER COUNTY ADOPTS AN ORDINANCE TO ESTABLISH CUSTOMARY USE BEFORE JULY 1, 2018, IT MAY USE CUSTOMARY USE AS AN AFFIRMATIVE DEFENSE IN ANY ORDINANCE CHALLENGE. • FLAGLER COUNTY'S DRAFT ORDINANCE IS INCLUDED IN THIS AGENDA ITEM. • FLAGLER COUNTY HAS PUBLICALLY STATED THAT THE PURPOSE OF THE ORDINANCE IS TO GIVE THE COUNTY MORE AUTHORITY TO PROTECT CUSTOMARY USE OF BEACHES SHOULD THE MATTER END UP IN COURT, AND IT ALLOWS THE COUNTY TO MAKE A STAND REGARDING ALL ITS BEACHES WITHOUT HAVING TO TAKE ON EACH BEACH -FRONT PROPERTY OWNER SINGULARLY. J 6/7/2018 OPTION 2 (2) ENTER INTO WRITTEN AGREEMENTS WITH THE INDIVIDUAL PROPERTY OWNERS ALONG THE COASTLINE TO RECEIVE PERMISSION TO TRANSVERSE AND RENOURISH THE AREA OF SANDY BEACH BETWEEN THE UNVEGETATED DUNE SEAWARD TO THE MHWL OR ECL. OPTION 3 (3) CREATE A SPECIAL TAXING DISTRICT (A.K.A. EROSION CONTROL DISTRICT) • CREATED TO "INITIATE AND CARRYON SUCH STUDIES AND INVESTIGATIONS.AS MAY BE NECESSARY TO PLAN A LOGICAL AND SUITABLE PROGRAM FOR COMPREHENSIVE BEACH AND SHORE PRESERVATION." • THERE ARE AT LEAST THREE OF THESE DISTRICTS IN FLORIDA: THE ST. LUCIE COUNTY EROSION DISTRICT, THE TOWN OF JUPITER ISLAND BEACH PROTECTION DISTRICT, AND THE CAPTIVA EROSION PREVENTION DISTRICT (CEPD). • PURSUANT TO CHAPTER 161, THESE DISTRICTS ARE AUTHORIZED TO RAISE FUNDS TO SUPPORT THE COUNTY'S BEACH AND SHORE PRESERVATION PROGRAM. • THE DISTRICTS ARE ALSO AUTHORIZED UNDER CHAPTER 161 TO ENTER UPON PRIVATE PROPERTY FOR PURPOSES OF MAKING SURVEYS, SOUNDINGS, DRILLINGS AND EXAMINATIONS, AND SUCH ENTRY SHALL NOT BE DEEMED A TRESPASS. • MOREOVER, THE CEPD HAS PLACED IN ITS INTERNAL RULES AND REGULATIONS THAT IT IS AUTHORIZED TO ISSUE AN "EMERGENCY REPAIR AND/OR MAINTENANCE ORDER" FOR ANY PROJECT CONSTRUCTED BY ANY PERSON, FIRM, CORPORATION, PUBLIC OR PRIVATE, WITHIN THE DEPD'S JURISDICTION. 6/7/2018 ME Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 13-9. Attorney's Matters - B.C.C. 05.22.18 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County AttorneyK 4 DATE: May 4, 2018 SUBJECT: County Attorney's Annual Employment Agreement ATTORNEY My current employment agreement expires on July 1, 2018. I continue to enjoy my job, and would like to renew it for another year. A proposed agreement is attached. The only change from the current agreement is an increase in the annual compensation which reflects my current salary. RECOMMENDATION. The County Attorney recommends that the Board review the proposed agreement, and decide whether to approve the agreement and authorize the Chairman to sign it. ATTACHMENT(S). Proposed County Attorney Employment Agreement 6'9AttomevlLimd.IGF,\IERALIBC C1AV,,d.AAe-ACAO(DTR C-t,nd 2013-19).,1 210 COUNTY ATTORNEY EMPLOYMENT AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of 2018, by and between the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida ("Board of County Commissioners") and Dylan T. Reingold ("County Attorney"). WHEREAS, the Board of County Commissioners desires to employ the County Attorney, and the County Attorney desires to accept such employment, as the County Attorney for Indian River County, Florida ("County"), in accordance with the terms and conditions set forth herein, NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree, as follows: 1. Recitals. The above recital is true and correct, and is incorporated herein. 2. Employment. The Board of County Commissioners hereby employs the County Attorney, and the County Attorney hereby accepts such employment, as the County Attorney for Indian River County, Florida, for a term of one year commencing July 1, 2018 ("Commencement Date"). Such employment shall be full-time and exclusive; the County Attorney shall not perform compensated .legal work for any other person or entity, without the approval of the Board of County Commissioners. 3. Duties. The County Attorney shall report directly to, and shall be under the direction of, the Board of County Commissioners, which shall determine the specific duties and matters to be undertaken by the County Attorney. The primary duty of the County Attorney shall be to provide legal advice and support to the Board of County Commissioners. In addition, the County Attorney shall (a) provide legal advice and support to the County Administrator, and the administrative departments of the County, (b) provide legal advice and support to the other commissions, boards, councils and committees of the County, (c) manage the County Attorney's Office to ensure that resources of the office are applied efficiently and responsibly, (d) prepare an annual budget for the County Attorney's Office, and (e) hire, promote, demote or dismiss all employees of the County Attorney's Office in accordance with the personnel rules of the County or, if applicable, the employee's contract or the provisions of the Code of Indian River County. All legal advice and support shall be provided in a professional, competent and timely manner. 4. Ethical and Legal Standards of Conduct. The County Attorney shall comply with (a) the Rules Regulating the Florida Bar, including, without limitation, the Rules of Professional Conduct, (b) generally accepted ethical standards for the practice of law, and (c) all other applicable federal, state and local laws, rules or regulations applicable to the practice of law. In addition, the County Attorney shall comply with all federal, state and local criminal laws, and shall refrain from committing any act which, in the sole opinion of the Board of County Commissioners, adversely reflects on the County or its reputation, is contrary to the best interests of the County, or would be the basis for employee discipline under AM 801.1 of the Administrative Policy Manual (`Behavior of Employees"). The County Attorney shall notify the Board of County !•t L4norne�AGnAniGGVptALIGAOLS/�Dvlrm RcMbrold�Cmnmct(2018-2019Ad x 1 211 Commissioners within three days of being formally charged by law enforcement, the State Attorney, the Florida Bar, or any other such entity, with conduct violating the rules, standards or laws set forth above. 5. Salary. The County Attorney shall be paid an annual salary of $161,506.80 payable in 26 bi-weekly payments of $6,211.80, adjusted for required deductions. The County Attorney's salary shall be increased by any general or cast -of -living increases granted to other full- time, non -contract employees of the County; provided, however, that such increase shall not take effect earlier than six months after the Commencement Date, for increases occurring during the initial term. 6. Benefits. Except as modified herein, the County Attorney shall receive the same benefits as are available to full-time, non -contract employees of the County. In addition, (a) the County Attorney shall receive fifteen days of vacation annually, calculated from the Commencement Date or the annual anniversary date of employment; provided, however, that if the County Attorney's employment terminates for any reason at a time when the County Attorney has taken more vacation days than have accrued at the rate of 9.375 hours per month, the County Attorney shall reimburse the County for the overused vacation days, which amount may be deducted from the County Attorney's final paycheck(s), (b) the County shall pay a car allowance in the standard amount for senior County employees receiving a car allowance, (c) the County shall pay for the cost of Continuing Legal Education necessary for the County Attorney to maintain good standing in the Florida Bar, or to maintain legal specialty certification(s), or otherwise as determined necessary and appropriate by the County Attorney to perform the duties set forth herein. The cost of Continuing Legal Education shall include travel, lodging and expenses, in accordance with §112.061, Florida Statutes, (d) the County shall pay the County Attorney's Florida Bar dues (including section fees), Indian River County Bar Association dues, and Florida Bar certification or recertification fees, and (e) the County Attorney shall be included in the "Senior Management Service Class" of the Florida Retirement System. 7. Renewal. This Agreement is not a continuing contract and shall not automatically renew upon expiration of the initial or any subsequent term; rather, this Agreement shall only be renewed by execution of a renewal agreement by both parties. Each year, the County Attorney shall schedule the renewal of his/her employment agreement as an item for consideration by the Board of County Commissioners at a meeting to be held no later than 30 days prior to expiration of the then -existing term of the agreement. 8. Termination. A. Either party may terminate this Agreement for any reason upon 30 days written notice to the other party. Upon termination, expiration or non -renewal of this Agreement for any reason, the County shall not be obligated to pay, and the County Attorney waives any right to receive payment for, any unused, accrued vacation or sick time, any severance payment, any health insurance premiums, or any other form of payments, other than payment of salary through the final day of employment; provided, however, that this subsection shall not be construed to deprive the County Attorney of any earned benefits under the Florida Retirement System, or similar deferred income or retirement programs. F. UttormvV'mInIGENFRAUG0IS! iDilnn PapldC.w-i(?018-1019).da 2 212 B. Notwithstanding the requirement of 30 days written notice set forth above, the Board of County Commissioners may terminate the County Attorney's employment immediately, upon a finding by the Board of County Commissioners of good cause. For the purposes of this section, the term "good cause" shall mean any of the following: (a) loss by the County Attorney of his/her right to practice law in the State of Florida, (b) gross negligence in the performance of any duties set forth in section 3 above, or repeated failure to perform such duties in a professional, competent or timely manner, or (c) reasonable cause to believe that the County Attorney has violated the terms and conditions of this Agreement, including, without limitation, the ethical and legal standards of conduct set forth in section 4 above. C. In the event that the Board of County Commissioners terminates the County Attorney for good cause, the County Attorney shall have the right to request a hearing before the Board, which shall be held as soon as reasonably possible. The County Attorney shall exercise such right by delivering written notice requesting a hearing to the Chairman of the Board, within five business days of the Board's decision to terminate for good cause. In the event that the County Attorney prevails in such hearing, the Board's decision to terminate for good cause shall automatically be deemed to have been a 30 day notice of termination pursuant to subsection 7A above, and the County Attorney's sole remedy under this Agreement shall be payment of unpaid salary and benefits for the 30 day period following the Board's decision to terminate for. good cause. D. Nothing in this section 8 shall be interpreted to prevent the Board of County Commissioners from imposing any other form of discipline short of termination, such as probation, suspension (with or without pay), etc. 9. No Property Rights. The County Attorney shall not acquire any property rights in employment or continued employment as a result of this Agreement, but shall obtain only those contractual rights described herein. 10. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms of their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any particular parry. 11. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force and effect. 12. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 13. Jurisdiction and Venue. Exclusive jurisdiction and venue for any proceedings arising out of or relating to this Agreement shall be in the county or circuit court sitting in Indian River County, Florida. FUrmrneNLimIn1GL•XIJtALICAO�Sr man 1W,,VOC-f—I (.+018-2019).4.- 3 213 14. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON -JURY TRIAL. 15. Amendment. This Agreement may be amended or modified only by subsequent written agreement signed by the County Attorney and the Board of County Commissioners. 16. Entire Agreement. This written Agreement constitutes the complete and final agreement of the parties. No prior or contemporaneous statements of the parties shall be binding or effective, unless set forth herein. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above. COUNTY ATTORNEY Dylan T. Reingold Approved: Jason E. Brown, County Administrator ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Lo Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Date approved by BCC: May _, 2018 R1ArrorrccWUndmGENtR4LtCADISr Ddan Reingn4ACo 1,.a (7018-7019).,h— A 214 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Attorney's Matters - B.C.C. 05.22.18 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 14, 2018 SUBJECT: City of Vero Beach Electric Utility Sale Letter of Support ATTORNEY As the Indian River County Board of County Commissioners (the `Board") is aware, the sale of the City of Vero Beach electric utility is continuing to move forward. The next step in the process will be the Florida Public Service Commission ("FPSC") Agenda Conference which is scheduled for June 5, 2018. On May 1, 2018, the Board authorized travel to attend the FPSC Agenda Conference. The County Attorney's Office drafted the attached letter of support of the sale to either be submitted prior to or at the FPSC Agenda Conference. The staff recommendation is scheduled to be released on May 23, 2018. Thus, it may be appropriate to modify the letter depending on the staff recommendation. RECOMMENDATION. The County Attorney recommends that the Board authorize the chair to modify, if necessary, and execute the letter and have it submitted prior to or at the Florida Public Service Commission Agenda Conference. ATTACHMENT(S). Proposed Letter F..Utrorney4Lt,d IGFIVERAUQCCUgendo,Ne,,—1 .SC Lever o/Suppan.docx 215 May 23, 2018 Chairman Commissioner Art Graham Commissioner Gary F. Clark Commissioner Julie I. Brown Commissioner Donald J. Polmann Commissioner Andrew Giles Fay Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0850 Re: In re: Joint petition to terminate territorial agreement, by Florida Power & Light and the City of Vero Beach Docket No.: 20170236 -EU In re : Petition by Florida Power & Light Company (FP L) for authority to charge FPL rates to former City of Vero Beach customers and for approval of FPL's accounting treatmentfor City of Vero Beach transaction Docket No.: 20170235 -EI Dear Chairman Graham and Commissioners: As Chair of the Indian River County Board of County Commissioners, I respectfully ask for your favorable consideration of FPL's request to acquire the City of Vero Beach electric utility system. The acquisition will bring much-needed rate relief to the residents of the City of Vero Beach, and those residents in the unincorporated areas of Indian River County and the Town of Indian River Shores that are currently served by the City of Vero Beach, while at the same time benefiting FPL's other customers. I believe that the sale of the City of Vero Beach electric utility to FPL will be the single most important economic driver for the future of our community. The sale of the Vero Beach electric utility to FPL will be the culmination of an effort that has been supported by the Indian River County Board of County Commissioners and residents within the unincorporated areas of Indian River County for many years. Sincerely, Peter D. O'Bryan Chairman Indian River County Board of County Commissioners Cc: Public Counsel J.R. Kelly Kenneth Rubin, Esq., FPL 216 15. B . ?. �vc INDIAN RIVER COUNTY 1 3 �G �(,>G SOLID WASTE DISPOSAL DISTRICT �ZORtoA BOARD MEMORANDUM Date: May 8, 2018 To: Jason E. 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 for Tenth Amendment to Republic Services for Hurricane Irma Services DESCRIPTIONS AND CONDITIONS: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement with Republic Services of Florida, LP (Republic Services). The agreement is for the operation and maintenance of the county's Class 1 landfill as well as non -Class 1 landfill services. Per a contract extension by the SWDD Board on February 21, 2017, the agreement is valid through December 31, 2024. Because of the approaching Hurricane Irma, on September 4, 2017, the Governor of Florida declared a State of Emergency through Executive Order 17-235 for the entire State of Florida. Subsequently, on September 7, 2017, the County Administrator declared a State of Emergency for Indian River County. Prior to the storm, all the Customer Convenience Centers (CCCs) were opened on Thursday, September 7th and Friday, September 81h, from 7 am to 6 pm by Republic Services. The Indian River County Landfill was also open on both these days from 7 am to 5 pm by Republic Services. Due to the storm, both the Landfill and the CCCs were closed on Saturday, September 91h and Sunday, September 10th. The landfill reopened to the public on Tuesday, September 12th, and all the CCCs reopened to the public on Wednesday, September 13th On Tuesday, September 12, 2017, the SWDD Board approved the Tenth Amendment to Republic Services to provide additional services in response to Hurricane Irma for the Class 1 landfill services and for the non - Class 1 landfill services. This amendment also included the installation of a horizontal landfill gas well that was not related to the hurricane. The horizontal landfill gas well was properly installed, and Republic Services has been paid for this service. Republic Services, as well as their subcontractors, were essential in helping to restore the landfill and the CCCs to normal operations after the storm. Republic Services has submitted a final invoice for the expenses related to Hurricane Irma. ANALYSIS: In accordance with the approved Hurricane Preparedness Plan for the 2017 Hurricane Season, Republic Services utilized subcontracting services from Bergeron Emergency Service and Fulford Citrus to help with the post -storm recovery efforts at the CCCs. The subcontracting services resulted in a cost of $111,986.89. 217 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C008196F\@BCL@C008196F.doc Page 1 of 2 In addition, Republic Services utilized temporary day labor staff as well as having overtime hours for their employees. The approved 2017 Hurricane Preparedness Plan included costs for services after the storm; however, Republic Services has included labor for both the Oslo and the Fellsmere CCCs for Thursday, September 7`h, as we requested them to keep these centers open prior to the storm when they are normally closed. This reimbursement for emergency services is allowed under Article 3 — Compensation, Section XI of the original agreement where the emergency services are performed on a time and materials basis. Overall, as shown in the table below, Republic Services has only requested reimbursement for keeping the centers open before and after the storm when they would have normally been closed. They utilized 39 workers for a total of 351.62 hours times the approved rate of $37.13 per hour resulting in a cost of $13,055.65 for additional overtime labor. The total final invoice submitted by Republic Services for reimbursement is $125,042.54 which includes the $111,986.89 for subcontractor services and $13,055.65 for Republic's overtime labor services. FUNDING: Funding for the SWDD non -Class 1 landfill services was not budgeted but is available in the SWDD recycling account. The account is funded from SWDD assessments and user fees. However, a special account was set up to track Hurricane Irma expenses. Description Account Number Amount Recycling - Contractual Services 41125534-033490-17026 $125,042.54 Date Day Location Employees Status Hours 9-7-17 Thursday Fellsmere & Oslo 4 Normally Closed 40.84 9-12-17 Tuesday Roseland, Winter 4 Normally Closed 22.48 Beach, Gifford 9-13-17 Wednesday All 5 CCCs 13 Normally Closed 117.17 9-14-17 Thursday Fellsmere & Oslo 6 Normally Closed 57.19 Roseland, Winter 9-19-17 Tue Beach, Gifford 6 Normally Closed 56.95 9-21-17 Thursday Fellsmere & Oslo 6 Normally Closed 56.99 Total= 39 351.62 The total final invoice submitted by Republic Services for reimbursement is $125,042.54 which includes the $111,986.89 for subcontractor services and $13,055.65 for Republic's overtime labor services. FUNDING: Funding for the SWDD non -Class 1 landfill services was not budgeted but is available in the SWDD recycling account. The account is funded from SWDD assessments and user fees. However, a special account was set up to track Hurricane Irma expenses. Description Account Number Amount Recycling - Contractual Services 41125534-033490-17026 $125,042.54 RECOMMENDATION: SWDD staff recommends that its Board approve the following: Approve the Final Pay for the Tenth Amendment to Republic Services in the amount of $125,042.54 for provision of additional services in response to Hurricane Irma for the non -Class 1 landfill services. ATTACHMENT(s): 1) Hurricane Irma Final Invoice by Republic Services 218 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@C008196F\@BCL@C008196F.doc Page 2 of 2 REPUBLIC SERVICES INVOICE Invoice #: IRC1001 Invoice Date: 4/24/2018 Indian River County — Solid Waste Disposal Disirict 1325 74th Avenue SW Vero Beach, FL 32968 Rusived b/ Si di APR 2.4 2018 Indian River Cou* Lenlill Hurricane Irma Cleanup Costs associated with the Indian River County Customer Convenience Centers per Tenth Amendment to Contract Agreement dated September 12, 2017: Third Party Personnel and Clam Services: Bergeron Emergency Services Fulford Citrus Fulford Citrus Sub -total Third Party Services 111,986.89 CCC Personnel Costs Personnel Costs at $37.13/hour Sub -total Personnel Costs 13,055.65 TOTAL DUE REPUBLIC SERVICES: 125,042.54 72,099.39 19,085.00 20,802.50 13,055.65 219 t�3 =f �1 t r dSs=-' ",tcne orS1—: PC —,Stj Bergeron -Emergency Servi'c'es Inc. 19612 SW 69th Place Fort Lauderdale, FL 33332 TO Republic Services 7329 7th Place, North West Palm Beach, FL 33411 Invoice # Date% 0 INVOICE 10242 September 20, 2017 TOTAL DISCOUNT SUBTOTAL $ 72,099.39 SALES TAX to 17 TOTAL $ 72,099.39 Make all checks.payable to Bergeron Emergency Services, Inc. THANK YOU FOR YOURBUSINESS 220 r s' JOB SHIPPING SHIPPING DELIVERY PAYMENT METHOD TERMS DATE TERMS DUE DATE Indian River County 787 QTY UNIT DESCRIPTION UNIT PRICE DISCOUNT LINE TOTAL 909.46 CY Load ti Haut Vegetative De ris $10.75 $ 9,776.70 09/13/17 879.35 CY Load & Haul Vegetativ Debris $10.75 $ 9,453.01 09/14/17.,x' 850.56 CY Load 8: Haut Vegetative Debris $10.75 $ 9,143.52 09/15/17 ✓ . 979.00 CY Load & Haut Vegetative Debris $10.75 $ 10,524.25 09/16/17 j Load ii Haul Vegetative'Debris 991.50 CY 09/17/17 Jr $10.75 $ 10,658.63 1,166.80 CY Load Ft Haut Vegetatives Debris $10:75 $ 12,543.10 09/18/17 f 652.75 CY Load Fc Haul Vegetative Debris $10.75 $ 7,017.06 09/19/17 277.50 CY Load £t Haul Vegetative Debris $10.75 $ 2,983.13 09/20/17 6,706.92 CY TOTAL DISCOUNT SUBTOTAL $ 72,099.39 SALES TAX to 17 TOTAL $ 72,099.39 Make all checks.payable to Bergeron Emergency Services, Inc. THANK YOU FOR YOURBUSINESS 220 r s' FULFORD CITRUS 1450 74TH AVENUE SW VERO BEACH, FL 32968 REPUBLIC SERVICES 3905 OSLO ROAD f._ VERO BEACH, FL 32968 12279 order No. -0.000 Inv. Date :09/18/2017 ' Terns- :]DUE ON RECEIPT SaLaronea c Dreher 4 Ship Data ; Dalivory s ShLp Point: our Plant 3fanilaat Vis• Banking 0 i cont, codes SAP T8• Po; Track Bic.: cunt. PO s Quantity Description Fruit Size Unit Price Purchase Price Miscellaneous Ghargea: 12.00 GRAPPLE,"09=12=17-1 r '� 95.00 1,140.00 9.00 GRAPPLET09=13-37' 95.00 855.00 11.00 GRAPPLE v09-14=Y7'j, 95.00 1,045.00 11.00 GRAPPLE109-15:fIV Y - 95.60 1,045.00 10.50 GRAPPLE "09=25=17 95.00 997.50 10.50 GRAPPLE {09=12- 17M - m6- `L 95.00 997.50 9.00 TRX #22'0 = = �/y 90.00 810.00 10.50 TRX #12 09=13=1fiw' V-8" 90.00 945.00 11.50 :TRX1419 `09,=12::=17-'. aqx 90.00 1,035.00 10.00 TRIC #19 09 -Z13 --3:7---.V- do 90.00 900.00 10.00 TRX #19 90.00 900.00 10.50 TRX #19+,09-=15=17, 12.' 90..00 .945.00 9.00 TRX #1909-16-17" ,13' 90.00 810.00 10.00 TRK #19,,09=17-174 T4- 90.00 900.00 12.00 TRK x%57 90.00 1,080.00 9.00 TRI{ #24 t09;=13='� 7._ 90.00 810.00 11.00 TRK #24 09.-1.417 y1'� 90.00 990.00 11.00 TRK #24'09=I5=17 V.1 90.00 990.00 10.50 TRX #24'09=16=1- tv.-V- 90.00 945.00 10.50 TRK #2+ `09=17=17` vt?-W 90.00 945.00 via V-rq e : L 6 oD Fruit Totals .00 ' P� Misc. Charges 19,085.00 Dos Total Due 19,085.00 271ank,Tou 221 FULFORD CITRUS 1450 74TH AVENUE SW VERO BEACH, FL 32968 REPUBLIC SERVICES s` 3905 OSLO ROAD p VERO BEACH, FL 32968 T 12286 Order Mo. : 0-000 Inv. Date : 09/26/2011 Terra : DDR ON RUSIPT Roferoneo Broker 8 ship Data Delivery Ship Point: Our Plant Manifest N: Booking 0 : cast. Cada: Ship To Po: Track Lia.: Cunt. PO : Quantity Description Fruit Size Unit Price Purchase Price Miscellaneous Charges: 10.00 GRAPPLE #109-18:-27,, i2:-%. . 95.00 950.00 10.50 GRAPPLE #1L09-29=17 `C2Z 95.00 997.50 8.50 GRAPPLE #1 W9'20=17,.:. � 395.00 807.50 10.50 GRAPPLE #1 09-21"_17' `a- r 95.00 997.50 10.50 GRAPPLE #1 i09=22--417' 1't - -' 95.00 997.50 10.00 GRAPPLE #1,09.:-33=17*}-� 400 .N 95.00 950.00 8.50 GRAPPLE #109=24=1T '2:7 95.00 807.50' 9.00 GRAPPLE #2 109-23!!t,37v 95.00 855.00 6_-0_0 GRAPPLE -#2._0924 =3:7---..--> A' • 95.00 570.00 7.50 TRK 12 09=24-17 +C 4*- 90.00 675.00 9.00 TRK #19='0'9=18-37° q" 90.00 810.00 9.50 TRK #19v0 -9-1Q-17-)- 90.00 855.00 9.50 TRK #19a-0,9=20-17• 33 ` 90.00 855.00 6.00 TRK 419 {09=21-17 ' 90.00 540.00 9.50 TRK 419;-09-22-17 6 `S" 90.00 855.00 9.50 TRK 419 109=23=17 cT 6� 90.00 855.00 7.50 TRK 19.09-2-4--31.177'-5'1- 90.00 675.00 6.50 TRK #23:0"91'3`=T7(TURNED IN LATE) 90.00 90.00 90.00 90:00 90.00 90.00 585.00 900.00 945.00 765.00 945.00 945.00 10.00 TRK #24;i9- p-1?: 1--4 4 10.50 TRK #24't09 -X19-17'.--' IWC) .8.50 TRK 424X09=20-17_ %f4'13 10.50 TRK #24';09-=21-17.:P "Afar 10.50 TRK #24'09-22:=17s:>. t ; � 10.00 TRK #24 4T" 90.00 900.00 8.50 TRK #2409-24-17 90.00 765.00 Fruit Totals .oa ` Misc. Charges 20,802.50 Total Due 20,802.50 Thank )` Ou 222 WORK DAY SITE NAME ATTANDANT NAME HRS WORKED Doc. Ref.# 9/7/2017 FELLESMERE KYLE RAZAWICH 11.13 #1 9/7/2017 OSLO BRUCE JENJINS 11.08 #2 9/7/2017 OSLO ANTHONY TIERCE 8.18 #3 9/7/2017 OSLO FARCIOT FORREST 10.45 #4 9/12/2017 ROSELAND GILBERT SANDERSON 7.93 #5 9/12/2017 ROSELAND EVAN RAZAWICH 4.75 #6 9/12/2017 WINTER BEACH BERNARD HIGGINS 4.58 #7 9/12/2017 GIFFORD DENTIST HALL 5.22 #8 9/13/2017 ROSELAND GILBERT SANDERSON 10.75 #9 9/13/2017 ROSELAND EVAN RAZAWICH 10.23 #10 9/13/2017 WINTER BEACH BERNARD HIGGINS 11.52 #11 9/13/2017 FELLSMERE KYLE RAZAWICH 11.13 #12 9/13/2017 GIFFORD DENTIST HALL 9.08 #13 9/13/2017 GIFFORD DAMIEN JENKINS 7.58 #14 9/13/2017 OSLO BRUCE JENJINS 10.5 #15 9/13/2017 OSLO FARCIOT FORREST 8.38 #16 9/14/2017 Oslo ANTHONYTIERCE 10.02 #17 9/14/2017 OSLO BRUCE JENKINS 8.85 #18 9/14/2017 FELLESMERE KYLE RAZAWICH 11.32 #19 9/19/2017 ROSELAND GILBERT SANDERSON 10.45 #20 9/19/2017 ROSELAND EVAN RAZAWICH 10.37 #21 9/19/2017 WINTER BEACH BERNARD HIGGINS 11.5 #22 9/19/2017 GIFFORD FARCIOT FORREST 7.85 #23 9/19/2017 GIFFORD DAMIEN JENKINS 9.28 #24 9/21/2017 FELLESMERE KYLE RAZAWICH 10.95 #25 9/21/2017 OSLO BRUCE JENJINS 8.87 #26 9/21/2017 OSLO ANTHONY TIERCE 8.17 #27 Temp Worker Name 9/13/2017 Winter Beach Daniel Neil 10 #28 9/13/2017 Fellsmere Daniel Kwame 10 #29 9/13/2017 Oslo William Hardy 10 #30 9/13/2017 Oslo Eric Simmons 8 #31 9/14/2017 Fellsmere Onesi Jackson 7 #32 9/14/2017 Oslo Daniel Neal 10 #33 9/_14/2017 Oslo _ _ _ Daniel Kwame 10 #34 9/19/2017 Winter Beach Onesi Jackson 7.5 #35 9/21/2017 Fellsmere Derrick White 9 #36 9/21/2017 Oslo Alley Haynes 10 #37 9/21/2017 Oslo Trevor Daniel 10 #38 Total Hours 351.62 Hourly Cost $37.13 Total Cost = $13,055.65 223 TENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE . THIS TENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Tenth Amendment") is entered into as of the 12 day of septetnber 2017 by and between Indian River County Solid Waste Disposal District, a dependent. special district of Indian River County, Florida, whose address is 1801 271h Street, Vero Beach, Florida (hereinafter referred to as.the "District" or "SWDD"), and Republic Services ofFlorida, Limited Partnership, whose address is 3905 Oslo Road, Vero Beach, Florida 32968 (the "Contractor"). RECITALS WHEREAS, on January 1, 2011, SWDD and Contractor entered into that certain Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement, dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to Contract Agreement, dated July 8, 2014; the Fifth Amendment to Contract Agreement, dated November 4, 2014; the Sixth Amendment to Contract Agreement, dated January 20, 2015; the Seventh Amendment to Contract Agreement, dated May 17, 2016 -, the Eight Amendment to Contract Agreement, dated December 15, 2016; and the Ninth Amendment and Extension to Contract Agreement, dated February 21, 2017 (the "Contract") for the Contractor to operate and maintain the SWDD landfill and customer convenience centers ("CCCs"); and WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide additional services in connection with the Indian River County Landfill and the customer convenience centers not included above and as required by SWDD; and WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good - aiidvaluable consideration; the-r6ceipt and adequacy of which is hereby acknowledged, the parties— agree; as follows: 1. Recitals. The above recitals are true. and correct and are incorporated herein: 2. The existing Article 1— SCOPE OF WORK of the Contract is modified to include the following:_ Tenth Amendment to Contract Page 1 of 6 224 Landfill Gas Wells: Republic Services shall through its subcontractor, SCS Field Services (SCS), proceed with the attached proposal to Install Horizontal Landfill Gas Collectors in the amount of $55,000. In addition, an As -Built Survey for this work shall be performed on a time and materials basis not to exceed $5,000. Please note, the well abandonment task of the proposal was previously approved and is not included in this authorization. The cost for this work shall be included with the next monthly invoice after the worlds completed. This work shall be completed by September 30, 2017. Hurricane Preparedness Plan: Republic Services has provided a Hurricane Preparedness Plan for the 2017 Hurricane Season and is included as an attachment to this amendment. This plan is intended to allow for the seamless disposal of storm debris at the landfill and at the Customer Convenience Centers with the least amount of effect on the residents of Indian River County. Upon declaration of a state of emergency and as duly authorized by the County Administrator, Republic Services shall provide and be compensated for additional services as outlined in the plan. 3. Article 5 — GENERAL PROVISIONS of the Contract is modified to include Section P, Q, R, S and T as follows: P. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). In compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), Franchisee shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. No laborer or mechanic must be required .to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Q. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Franchisee shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401 -7671q) -and the Federal -Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to SWDD and the Regional Office of the Environmental Protection Agency (EPA). R. Debarment and Suspension (Executive Orders 12549 and 12689) Consistent with 2 CFR 180.220, Franchisee shall not be listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986.Comp., Tenth Anrendntent to Contract Page 2 of 6 225 p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. S. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) Franchisee shall file the required certification per 31 U.S.C. 1352. Franchisee certifies that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Franchisee shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures shall be forwarded from tier to tier up to the non -Federal award. T. §200.322 Procurement of recovered materials. To the extent applicable, Franchisee shall comply with section 6002 of the Solid Waste Disposal Act, as -amended by the Resource Conservation and Recovery Act The requirements of Section 6002 include procuring only items designated in guidelines ofthe Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 4. Ratification. Except as specifically provided in this Tenth Amendment, all other provisions of the Contract shall remain in fuIl force and effect. [signature page follows] Tenth Amendment to Contract Page 3 of 6 226 IN WITNESS WHEREOF, the parties have caused this Tenth Amendment to be executed by their respective duly authorized officers as of the day and year first written above. Attest: Jeffrey R. Smith. Clerk of court and Comptroller !!,,��� . I Z Deputy Cletk Date Approved by (Oxrner) pl3tiTY�'' Solid Waste Disposal District. '0 Indian River County, Florida `•f . �-rlllescljr. sChairman;�e" .9�oGf/'Y. FtOR�O� Seotember 12, 2017 Appro ' 11y: App owed as to Form and Lc Sufficiency By: "�J•--� J:►son E. row i. County A t strator -(A- Dylan T. Reingold. Esq., County Attorney Signed, scaled, and delivered in the presence or: Print Name:�l-e�r7 (' CIt 4 Print Name: Imo,Gr (]ltd57'QN� 7,C)IM Inellihnew to l'ututtic/ Republic Services of Florida, Limited Partnership ("Contractor") By: Republic Services of Florida GP, Inc., its ral Part er Print Name: Clete- Aj Print Title: (rentaiitrler of page ittletrfianallj, left blank Page 4,�f6 227 Hurricane Preparedness Plan Indian River County Landfill and Customer Convenience Centers Managed by Republic Services of Florida, Limited Partnership (Republic Services) This hurricane preparedness operation plan for the operation of the Indian River County Landfill and Customer Convenience Centers (CCCs) by Republic Services pursuant to that certain Contract Agreement Indian River County Solid Waste Disposal District, Indian River County, Florida Solid Waste Operations and Maintenance, as amended, is intended to allow for the seamless disposal of storm debris with the least amount of effect on residents of Indian River County. Once=annamed stgr p:is t-rackgd_to the Central Coast-o#Floridaih1he pro�iW of Indian A er-County, Repubiic-Service"s wi(Fhave, alI of the material -at the CC s emptied by hauling tt a waste to the Indian 1 _ RivonCounty Landfill. Republic Services will continue the operations of both the landfill and the CCCs until a decision for closure is issued by Indian River County with the agreement of Republic Services. In the event that Republic Services has made a good faith attempt to make contact with Indian River County regarding closure, and is unable to do so and deems it unsafe to continue operation of the landfill or/and CCCs, then Republic Services may discontinue services at the landfill and CCCS. Republic Services will return to the landfill and the CCCs as soon as it is safe to do so after the storm. Republic Services' first priority with respect to services provided to Indian River County will be to assess and document damages at the landfill and the CCCs and to assist in reopening all of the facilities as soon as possible. There may be additional costs to Indian River County to operate the landfill and CCCs after -the storm as detailed below. CCC Personnel Costs: The personnel costs consist of the costs to bring employees in for hours in addition to usual and customary hours. Further, If clean-up efforts require additional man-hours to perform proper operation of the CCCs, this will require employees to work beyond usual and customary hours and will require Republic Services to recoup the extra costs. The below amount coven the cost per man-hour to open for additional days/times and/or the additional time required to effectively operate the CCC post -hurricane. Cost for CCC laborer man-hour: $37.13/hour/man CCC Operating Costs: Republic Services will make commercially reasonable efforts to clean up all storm debris at the CCCs in a timely manner. If Indian River County requests expedited clean up, Republic Services will hire third party personnel and clam truck services to perform duties. All third party personnel and services will be billed in addition to hauling and personnel costs. Cost for CCC operations post -hurricane: to be determined by Republic Services CCC Hauling Costs: 3s-d,..3y- o :3:3 V. } In order to segregate the tonnage of storm debris from normal waste at the CCCs, Republic Services will submit the waste hauled to the Indian River County Landfill for the previous 6 months, which shall be reconciled with Indian River County's calculation. These amounts will be adjusted for any seasonality and agreed to by Indian River County. Any additional tonnage over the monthly average.in the 2 months following the storm that is hauled to the Indian River County Landfill from the CCCs, shall be considered storm debris and shall be charged at the incremental rate stated below. In order to convert the tonnage hauled to a yardage measurement, the appropriate conversion rate shall be:1 cubic yard = 300 lbs. Cost for hauling additional tonnage from CCC to Indian River County Landfill: $8.15/cubic yard 228 In order to facilitate the inflow of additional storm debris material, the operation of the landfill will also experience additional costs in order to effectively manage the material and comply with all state and federal statutes. Landfill Equipment Costs: Republic Services will use commercially reasonable efforts to effectively and efficiently use all current equipment to manage excessive storm debris. Renting equipment to provide incremental assistance may be required, but not available in the aftermath of a hurricane. if equipment becomes available is required, Indian River County shall reimburse Republic Services for such rental. Republic Services will also attempt to mobilize equipment from other operating divisions. Any additional costs incurred for this mobilization and usage will be reimbursed by Indian River County. Cost for Landfill Equipment mobilization and usage: to be determined by Republic Services Landfill Additional Costs: In case of catastrophic damage, there may be additional costs to operate the Indian River County Landfill that shall be reimbursed I* Indian River County. Examples of such costs are: additional rock to shore up access roads to allow traffic flow the landfill waste reception area; additional costs to pump excessive leachate to not overwhelm the current system. In preparation for any catastrophic storm event, Republic Services can accumulate rock and cover at the Indian River County Landfill. If Indian River County elects to absorb costs for.accumulation of rock and cover, the associated costs will be provided to the County for approval prior to purchase and accumulation. Landfill Additional Costs: to be determined by Republic Services Republic Services will provide all documentation associated with the additional services to return the landfill and the CCCs to normal operations. Such documentation will include time sheets, truck counts including container sizes and any additional information reasonably requested by Indian River County to verify the costs. 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Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Imo• 8-. Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Request to Approve the Redevelopment Plan for the Former South Gifford Road Landfill Site DESCRIPTIONS AND CONDITIONS: On December 3, 2013, the Indian River County Board of County Commissioners (BCC) authorized the submittal of an application for a United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment Grant from the Treasure Coast Regional Planning Council (TCRPC) for the former South Gifford Road landfill site (Gifford Landfill). The entire Gifford Landfill covers approximately 115 acres with the northern 55 acres owned by Indian River County and the southern 60 acres owned by the City of Vero Beach. On May 28, 2015, TCRPC was awarded another Brownfields Coalition Assessment Grant utilizing the Gifford Landfill as one of the sites in their grant application. In August 2016, TCRPC authorized their consultant, Geosyntec, to perform the following tasks: Task 1 - Community Stakeholders Meeting #1; Task 2 - Development of conceptual designs and estimated costs; Task 3 - Community Stakeholders Meeting #2; and Task 4 - SWDD Board Meeting #3. Meeting #1 was held at the Gifford Community Center on December 10, 2016. The goal of the workshop was to engage the community attendees in brainstorming ideas for potential redevelopment uses for the former landfill site. On January 24, 2017, staff brought an update to the SWDD Board on the Brownfield Redevelopment process and presented the potential redevelopment uses provided from Meeting #1. The SWDD Board directed staff to do the following: 1) Authorized the Treasure Coast Regional Planning Council to continue with the redevelopment planning efforts as outlined in Tasks 2, 3, and 4 above, with direction from the SWDD Board; 2) Authorized staff to clean up and beautify County frontage in the initial phase; and 3) Not commit to 3 to 5 acres being reserved for the Gifford Customer Convenience Center, but to keep 12 to 15 acres reserved for the Road and Bridge Compound. On July 11, 2017, staff brought an update to the SWDD Board on the Brownfield Redevelopment process related to the items above and also to obtain SWDD Board direction on the second community meeting. 230 Gifford Landfill Redevelopment Plan Staff Report.docm Page 1 of 6 The estimated costs based on the conceptual plans ranged from $18million to $22 million. The SWDD Board directed staff to do the following: 1) clean up the frontage and removing the exotics from the former South Gifford Landfill Site without a lot of additional landscaping; 2) continue with the Community meetings to prioritize their ideas for the site; 3) economize (scale back the project); and 4) phase the project by priority. On July 24, 2017, Meeting #2 was held at the Gifford Community Center at 6:00 pm. There was a great turnout, and the community was receptive to the idea of scaling back the project, prioritizing and phasing the project as well as understanding that funding was not readily available. Staff recently received an updated phasing and preliminary cost plan from TCRPC and are providing this update per Task 4 of the 2016 TCRPC work authorization. nnini vcic. The Conceptual (Draft) Redevelopment Plan has been developed into six phases based on priority and an associated cost range. Note that the proposed costs are considered rough estimates based on our current knowledge of the site, and actual costs may vary as the project progresses further into the redevelopment process (with input by a developer, etc.). These costs consist of capital costs and associated professional fees for the redevelopment phases shown. PHASE 1: Frontage Improvements and Open Field This initial Phase 1 focuses on the surficial land clearing and disposal of the brush on approximately eight acres, which would include the three acres in the front and a five -acre area to serve as an open field. Additionally, this phase includes installing approximately 30 trees along the 41St Street frontage with an associated irrigation system (connected to a water source not associated with site groundwater) for an approximate Phase 1 cost range of $24,000 to $28,000. — - — — —' r- -- TREES -� ,lL -- -i �ICLEARING---"" I I I -_J_- 6 F I I I Gifford Landfill Redevelopment Plan Staff Report.docm N I 231 Page 2 of 6 PHASE 2: Farmer's Market - Open Air Pavilions Phase 2 addresses the development of a Farmer's Market/Open Air Pavilion area, which affects approximately five acres of the site. The projected costs include land clearing and the disposal of brush across the area. This work also includes the construction of the initial paved parking lot, open-air pavilions, including one attached to a small concession building with restrooms, plus sidewalks as well as central and eastern landscaping with trees. The approximate total cost ranges from $2,012,000 to $2,378,000. �I PAVILION PARKING AREA I (i , FARMER'S MARKET / OPEN AIR —� PAVILION AND EQUIPMENT BUILDING CENTRAL GREEN /EASTERN GREEN i I I i L�____� - L PHASE 3: Agricultural/Community Gardens 1 STORMWATER SWALE h— —-) N 1 Phase 3 includes the development of an Agricultural/Community Gardens Area. The area associated with this portion of the development is approximately three acres of the total site. The projected costs include the clearing and disposal of the land/brush in this area, installation of (above -ground) planter boxes for the community gardens, construction of a small equipment shed, landscaping and irrigation for this area, and associated sidewalks. The approximate phase cost ranges from $179,000 to $211,000. 17 FC:1 OWN ON /I L - - - - - - - - 11 J AGRICULTURAL COMMUNITY GARDENS. I L L - - 232 Gifford Landfill Redevelopment Plan Staff Report.docm Page 3 of 6 PHASE 4: Community Arts Building Phase 4 includes the development of a Community Arts Building, which is proposed as a 5,000 square foot structure. The projected costs under this phase include construction of the building and associated utility connections. The approximate phase cost ranges from $1,768,000 to $2,090,000. j 0011c10 I t COMMUNITY ARTS BUILDING L L PHASE 5: Amphitheater Phase 5 includes the construction of an amphitheater, the expansion of the paved parking lots along the northern side of the site, and the installation of a stormwater retention pond along the western side of the site. The stage building structure for the amphitheater will also include additional public restrooms. The approximate cost for this phase ranges from $3,965,000 to $4,686,000. liimmmme�mrp—nmmwiaimnry��mwmmmmu p� �—;^•i,._-{ / "^- I; L L I ► ` ` — t;:,-� � � Win.-�"J , t AMPHITHEATER (WITH RESTROOMS. CONCESSIONS. AND PARKING) STORMWATER RETENTION POND I Gifford Landfill Redevelopment Plan Staff Report.docm 233 Page 4 of 6 PHASE 6: Open Fields This final Phase 6 includes the development of additional open field for future uses. The areas to be cleared under this phase cover approximately five acres. The approximate cost for this phase ranges from $18,000 to $21,000. Y N ADDITIONAL LAND CLEARING FOR FUTURE USE All of the six phases are shown below in the overall Former Gifford Road Landfill Redevelopment Plan. y .O 4u- OP•ERGs: �� -/yam' M^ri t•K�ec�N�MOnH UM Latw*xMi •0+ �7SIIIIIVRffNOI �IIfII1Rf6�n16II �����P1111P11.1 I.Ifflfx!fII�, •�. I�RR7R� � ll -� �'.r�w!tZt•+S O/YM �+`IWZ� ..&,q ton Ialuih�itllNW - Wlti1.L.1NW0- - C- ®' gfidll� V r• IL-1 D OL 0OC30.0 V% o «see nmer: ren,n»•• T LtlCTgG CtraIL�CYtCMRt NQ S I ,M,' e+ceno.+.c¢varcoclvn •.ccncs Q �1 Gifford Landfill Redevelopment Plan Staff Report.docm 1 N 234 Page 5 of 6 Geosyntec has taken the concepts in the above plan and has determined approximate redevelopment costs, which can be summarized as follows: *Costs shown are for redevelopment purposes (capital costs including associated professional fees) and do not include ongoing operational and maintenance costs. The Former Gifford Road Landfill Redevelopment Plan satisfies Action 13.6 of the 2014 Gifford Neighborhood Plan. FUNDING: This agenda item is for a project update to the SWDD Board and does not require funding. FUTURE FUNDING: Currently there is no funding allocated for the redevelopment of this site. Based on input from TCRPC and Geosyntec, the following available grant funding opportunities/sources are being considered based on the type of site uses proposed in this development plan. 1. Community and Economic Development Healthy Food Finance Initiative 2. USEPA Local Foods, Local Places RECOMMENDATIONS: Staff is requesting input from the Solid Waste Disposal District Board on the following: 1. Provide input to the Treasure Coast Regional Planning Council to finalize and approve the Conceptual Draft Redevelopment Plan for the Former Gifford Road Landfill, which satisfies Action 13.6 of the 2014 Gifford Neighborhood Plan. 2. Direct staff to seek out grants and other funding sources, and to return with an update on how this plan could be implemented. 235 Gifford Landfill Redevelopment Plan Staff Report.docm Page 6 of 6 Phase Draft Conceptual Redevelopment Plan Estimated Costs* 1. Frontage Improvements and Open Field $24,000 to $28,000 2. Farmer's Market- Open Air Pavilions $2,012,000 to $2,378,000 3. Agricultural/ Community Gardens $179,000 to $211,000 4. Community Arts Building $1,768,000 to $2,090,000 5. Amphitheater $3,965,000 to $4,686,000 6. Open Fields $18,000 to $21,000 Cost Range (Totals)* $7,966,000 to $9,414,000 *Costs shown are for redevelopment purposes (capital costs including associated professional fees) and do not include ongoing operational and maintenance costs. The Former Gifford Road Landfill Redevelopment Plan satisfies Action 13.6 of the 2014 Gifford Neighborhood Plan. FUNDING: This agenda item is for a project update to the SWDD Board and does not require funding. FUTURE FUNDING: Currently there is no funding allocated for the redevelopment of this site. Based on input from TCRPC and Geosyntec, the following available grant funding opportunities/sources are being considered based on the type of site uses proposed in this development plan. 1. Community and Economic Development Healthy Food Finance Initiative 2. USEPA Local Foods, Local Places RECOMMENDATIONS: Staff is requesting input from the Solid Waste Disposal District Board on the following: 1. Provide input to the Treasure Coast Regional Planning Council to finalize and approve the Conceptual Draft Redevelopment Plan for the Former Gifford Road Landfill, which satisfies Action 13.6 of the 2014 Gifford Neighborhood Plan. 2. Direct staff to seek out grants and other funding sources, and to return with an update on how this plan could be implemented. 235 Gifford Landfill Redevelopment Plan Staff Report.docm Page 6 of 6 6/7/2018 1'6.5, Request to Approve the Redevelopment Plan for the Former South Gifford Road Landfill Site May 22, 2018 Solid Waste Disposal District — Himanshu Mehta, P.E. Treasure Coast Regional Planning Council — Stephanie Heidt, AICP Geosyntec Consultants — David Latham, P.G., Jill Johnson, P.G., Cristina Chiera Graver, P.E. �x�ot s _° MR A Little History... Meeting #11 Meeting #2 Meeting #3 SWDD Board 05-22-18 6/7/2018 Brownfields Coalition Assessment Grant The Treasure Coast Regional Planning Council through a Brownfields Coalition Assessment Grant from the Environmental Protection Agency authorized their consultant. Geosyntec, to perform the following tasks for the Former South Gifford Road Landfill Site: 1. Community Stakeholders Meeting #1 (December 2016); 2. Development of conceptual designs and estimated costs; 3. Community Stakeholders Meeting #2 (July 2017); and 4. SWDD Board Meeting #3 (May 2018). Previous SWDD Board Direction during TCRPC process Per January 24, 2017 Board minutes: 1) Authorized the Treasure Coast Regional Planning Council to continue with the redevelopment planning efforts as outlined in Tasks 2, 3, and 4 above, with direction from the SWDD Board; 2) Authorized staff to clean up and beautify County frontage in the initial phase; and 3) Not commit to 3 to 5 acres being reserved for the Gifford Customer Convenience Center, but to keep 12 to 15 acres reserved for the Road and Bridge Compound. Per July 11, 2017 Board minutes: 1) Clean up the frontage and removing the exotics from the former South Gifford Landfill Site without a lot of additional landscaping; 2) continue with the Community meetings to prioritize their ideas for the site; 3) economize (scale back the project); and 4) phase the project by priority. 23s-- 2 l Public Particip'atio'n', Process Public Design. Workshop - December 10, 2016 Public Work -in -Progress Meeting - July 24, 2017 MR MIS P Ye ffi W h a tWe H rd • Somethin'g-different --for the entire; county. 1 S7 • Need tothink more than sports • Regional destination for arts, nature and, events (family reunions, weddings,«-. entertainment) • .Amphitheatre �r Open air_, unity, let everyone be together, large enough for a family reunions w • Solar Farm • Arts Building •` Greenhou'se and Community Garden with .raised beds (grow food and sell) • Place to Relax "and Enjoy Nature • Pavilions. (with and without tables) f k } 6/7/2018 2j-4 PAVILION PARKING AREA ' ~ -- STORIv1WATER SWALE FARMER'S MARKET ! OPEN AIR -� PAVILION AND EQUIPMENT 4 BUILDING CENTRAL GREEN t EASTERN GREEN -V I 6/7/2018 r � N 'r. 'S L0000 10 i AGRICULTURAL ! - COMMUNITY GARDENS 'Cp► N 6/7/2018 6/7/2018 Citizens' Conceptual Redevelopment Master Plan ............ ..._........... _ t r: t t sa x : s; u t aiu ta;t^1i y t ,t« lts �u s«i t.{I a ..-.... 1 F.. .. nmr r)tmni rrmommmmd �t rrrp�trtrtmtlf''irrrariT�r"`I itiircmr� ,� 1 \ Ir->✓„1tJ {• jl«p «««Lti[itlial. ""'""l1iAtAt t+�lt«tilt ('"'IIJ.L}.i2 «ata`f7'tL��ur" j) �:j)tc(U > ue Avrt•: vu.rrrnrc +.R nrmrn; %F i !!r LIC ,:tKVI'WtirCOwl.:.x4W^t\. � E ADDITIONAL LAND CLEARING FOR FUTURE USE I i? u tE_ ,.,�� •tet �✓ I ;t--. ....,,,,,�•\i��:iV�i .. i Li, ss.r..rz.iz+ev�nvwxn .,.,, .,... '.�.' "ttt nxu:>=zc.c+rm.r vz Citizens' Conceptual Redevelopment Master Plan 1 A t ..�. •� `� e.-,ww,•zemea,.m,.::.y,H.satrmyrs!. F.. .. nmr r)tmni rrmommmmd �t rrrp�trtrtmtlf''irrrariT�r"`I itiircmr� ,� 1 \ Ir->✓„1tJ {• jl«p «««Lti[itlial. ""'""l1iAtAt t+�lt«tilt ('"'IIJ.L}.i2 «ata`f7'tL��ur" j) �:j)tc(U > ue Avrt•: vu.rrrnrc +.R nrmrn; %F •Nt nit c rrui...c.rwown •��.+_y_���+����} Q t�� � � ( EE; lf/v+'!ltKKY:fOx:n•tt w1b'2 r . i ,:tKVI'WtirCOwl.:.x4W^t\. � E t� u tE_ ,.,�� •tet �✓ I ;t--. ....,,,,,�•\i��:iV�i .. i Li, ss.r..rz.iz+ev�nvwxn .,.,, .,... '.�.' "ttt nxu:>=zc.c+rm.r vz r^" ,-.-ry"^.-•^^^,rte t � -tr.. �, ? �� \It, iS ( fu tU:'l:4+LCCff•K><OM.IACA'CS S L I w, L G! G t •tt• DRAFT 235.7 6/7/2018 Future Funding Currently there is no funding allocated for the redevelopment of this site. Based on input from TCRPC and Geosyntec, the following available grant funding opportunities/sources are being considered based on the type of site uses proposed in this development plan. 1. Community and Economic Development Healthy Food Finance Initiative 2. USEPA Local Foods, Local Places 255- 8 Request for SWDD Board Input Staff is requesting input from the Solid Waste Disposal District Board on the following: 1. Provide input to the Treasure Coast Regional Planning Council to finalize and approve the Citizens' Conceptual Master Plan for the Redevelopment of the Former Gifford Road Landfill, which satisfies Action 13.6 of the 2014 Gifford Neighborhood Plan. 2. Direct staff to seek out grants, other funding sources including public/private partnerships and to return with an update on how a redevelopment concept could be moved forward. 6/7/2018 235- 9