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HomeMy WebLinkAbout07/17/2018\L0 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA ' COMMISSION AGENDA TUESDAY, JULY 17, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A i 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 1 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 Pastor Jimmy Hill, Salt of the Earth Ministry 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating the week of July 23-29, 2018 as Treasure Coast Waterway Cleanup Week 6. APPROVAL OF MINUTES ' 6.A. Regular Meeting of June 5, 2018 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD ACTION 7.A. Indian River County Venue Event Calendar Review July 17, 2018 Page 1 of 4 7.B. Proclamation Honoring William Kramer on His Retirement From Indian River County Board of County Commissioners Department of Public Works Road & Bridge Division with Nineteen Years of Service 8. CONSENT AGENDA 8.A. Checks and Electronic Payments June 29, 2018 to July 5, 2018 8.B. Indian River County Tax Collector Carole Jean Jordan: Errors and Insolvencies Report for the 2017 Tax Roll 8.C. Adoption of Revised Purchasing Manual 8.D. Amendment Number 1 to Work Order Number 5, Masteller & Moler, Inc. Hobart Park Baseball Fields - IRC - 1759 8.E. Notice of Grant Application for Funding Assistance from State .of Florida Beach Erosion Control Program - FY 2019/20 8.F. Rejection of Bids for Gifford Aquatic Center Pool Resurfacing (Bid 2018015) 8.G. Award of Bid 2018064 - North Wastewater Treatment Facility Fence Replacement 8.H. Request for Temporary Construction Easement to Datapath Tower, LLC for former Emergency Services Tower 8.I. Award of Bid No. 2018009 CR 512 Resurfacing & Shoulder Widening from Myrtle Street to 125th Avenue Project, IRC -1305 8.1 Elite Trust & Escrow Company LLC's Request for Release of Easements at 2070 94th Court, 2065 94th Avenue, and 2075 94th Avenue (Vero Tropical Gardens Unit 1) 8.K. Ronald and Patricia Strunk's Request for Release of a Portion of an Easement at 2095 43rd Avenue (Golf Acres Subdivision) 8.L. Award of Bid 2018065 Annual Bid for Sanitary Sewer Services 8.M. Lost Tree Preserve, LLC Request for Final Plat Approval for Lost Tree Preserve PD, Phase 1 [PD -10-08-01 / 99040238-80798] 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A1. Florida Department of Health in Indian River County 2018-2019 Fee Schedule 9.B.1. Indian River County Supervisor of Elections Leslie Rossway Swan: Request for Signed Certification for Security Grant Application 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1 Biosolids Moratorium Ordinance (Legislative) July 17, 2018 Page 2 of 4 B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Support for City of' Vero Beach Application for Florida Department of Economic. Opportunities Grant 12. DEPARTMENTAL MATTERS A. Community Development , B. Emergency Services C. General Services 12.C.1. Conservation Lands Capital Projects and Grants Update to the Board of County Commission 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 12.G.1. Blue Cypress Lake Informational Update 13. COUNTY ATTORNEY MATTERS 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 4 E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approva f Minutes Meeting of May 22, 2018 July 17, 2018 Page 3 of 4 15.B.2. Solid Waste Disposal District 2017/2018 - Third Quarter C. Environmental Control Board 16. ADJOURNMENT Quarterly Recycling Update Fiscal Year Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with, a hearing aid for this meeting may contact the Board of County Commission Office at 772-226=1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. July 17, 2018 Page 4 of 4 6A- PROCLAMATION A PROCLAMATION DESIGNATING THE WEEK OF JULY 23, 2017, AS TREASURE COAST WATERWAY CLEANUP WEEK IN INDIAN RIVER COUNTY WHEREAS, on Saturday, July 28, 2018, the Marine Industries Association of the Treasure Coast in conjunction with the Florida Inland Navigation District will conduct the 11TH Annual Treasure Coast Waterway Cleanup; and WHEREAS, this event will attract approximately 950 volunteers who will participate in cleaning up the waterways of Indian River, Martin and St. Lucie Counties; and WHEREAS, twenty designated sites throughout the three counties will serve as registration and disposal sites for the volunteers to work out of; and WHEREAS, numerous waterfront homeowners' associations have been recruited to clean up their own waterfronts; and WHEREAS, in 2017, over 7 tons of trash was' collected from approximately 125 miles of waterways with an expectation of a significantly larger amount to be collected this year with an increased volunteer effort. P NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, that the week of July 23, 2018, through July 29, 2018, be designated as TREASURE COAST WATERWAY CLEANUP WEEK in Indian River County, and all citizens are encouraged to use this occasion to foster appreciation for the Treasure Coast Waterways and assist in the cleanup efforts. Adopted this 17th day of July, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Susan Adams Joseph E. Flescher Tim Zorc 1 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar 7A } Blooprint Summer Youth Program www.blooprintmanagement.com July 9-26 @ iG Center: 9:15am-2pm: FREE Career &'Job Skills Training. Must Pre -register. Community Office Hours Event July 19 @ North IRC Library: l0am- One on one with Commissioner Susan Adams F Gifford Aquatic CLOSED for Private Party July 21 @ Gifford Aquatic Center: • 9am-lpm Vero Beach Gun Show ; www.patriotshows.com July 21-22 @ IRC Fairgrounds: • Saturday 9am-5pm • Sunday 9am4pnr Estate Planning Services by CLA Estate Services July 25 @ iG Center: • 1 Oam-2pm: Financial Planning Event Pay & Weigh - IRC Tackle Football July 25 @ Gifford Park: * 5-8pm: Pay and,weigh is for registering football applicants at IRC Rec. Pay & Weigh - IRCTackle Football July 28 @ Gifford Park: • 9am-12pm: Pay and weigh is for registering football applicants at IRC Rec. Headstart Teacher Orientation, hosted by the EOC of IRC July 30, 31 & Aug 1 @ iG Center: • 9am-4pm: Headstart Program orientation Headstart Parent Orientation, hosted by the EOC of IRC July 31 @ iG Center: 2 • 6-8pm: Headstart Program orientation Pay & Weigh - IRC Tackle'Football Aug 1 @ Gifford Park: • 5-8pm: Pay and weigh is for registering football applicants at IRC Rec. Pay & Weigh - IRC Tackle Football Aug 4 @ Gifford Park: • 9am-12pm: Pay and weigh is for registering. football applicants at IRC Rec. Private Event Aug 4 @ iG Center: • 1-4pm South County Community,Meeting Aug 6 @ iG Center: , • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Private Event Aug 11 @ iG Center: • 1-5pm Community Office Hours Event Aug 16 @ North IRC Library: • l Oam- One on one with Commissioner Susan Adams Private Event Aug 18 @ Fairgrounds: • 4pm - 11 pm South County Community'Meeting Sep 3 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan First Responders Fall Cookoff Sep 15 @ Fairgrounds: •5-9pm Community Office Hours Event Sep 20 @ North IRC Library: • l Dam- One on one with Commissioner Susan Adams Vero Beach Gun Show www.patriotshows.com Sep 29-30 @ IRC Fairgrounds: Saturday 9am-5pm 3 • Sunday 9am-4pm PROCLAMATION HONORING WILLIAM KRAMER ON HIS RETIREMENT FROM INDJAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS ROAD & BRIDGE DIVISION WHEREAS, William Krasner retired from Indian River County Road & Bridge Division effective July 31, 2018; and WHEREAS, William Kramer began his career with Indian River County on July 26, 1999, as a Maintenance Worker III for the Road & Bridge Division. On March 30, 2001 his position was reclassified to Maintenance Worker and he continued in that capacity until his retirement, and WHEREAS, William Kramer has served this County and the Public with distinction and se lessness. During his nineteen years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds William Kramer's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River Countyfor the last nineteen years, and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 17th day of July, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryanl hairman 1 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: July 5, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 29, 2018 to July 5, 20.18 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 June 29, 2018 to July 5, 2018. CHECKS ' WRITTEN TRANS NBR DATE VENDOR AAlOUNT 3691.72 07/02/2018 ORANGE COUNTY HOUSING & C D 652.08 369173 07/02/2018 VERO BEAC14 EDGEVITOOD PLACE LP 524.00 369174 07/02/2018 GRACES LANDING LTD 9,018.00 369175 07/02/2018 LINDS.EY GARDENS LTD 4,796.00 369176 07/02/2018 BRYAN D BLAIS 343.00 369177 07/02/2018 WILLIE C REAGAN 445.00 369178 07/02/2018 RIVER ,PARK ASSOCIATES .LIMITED 14,600.00 369179 07/02/2018 CREATIVE CHOICE HOMES XVI LTD 11,711.00 369180 07/02/2018 ST FRANCIS MANOR OF VERO BEACH 268.00 369181 07/02/2018 CITY OF VERO BEACH 86.00 369182 07/02/2018 TREASURE COAST HOMELESS SERVICES 881.00 369183 07/02/2018 VENETIAN APARTMENTS OF VERO BEACH 386.00 3691.84 07/02/2018 PINNACLE GROVE LTD 6,927,00 3691.85 07/02/2018 VERO CLUB PARTNERS LTD 11,781.00 369186 07102/2018 DAVID SPARKS 378.00 3691.87 07/02/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 116.00 3691.88 07/02/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 370.00 369189 07/02/2018 INDIAN .RIVER COUNTY HOUSING AUTHORITY 407.00 369190 07/02/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 417.00 369191 07/02/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 560.00 3691.92 07/02/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 1,193.00 369193 07/02/2018 CRAIG MERR.ILL 1,095.00 369194 07/02/2018 CHRISTINE SALTER 477.00 369195 07/02/2018 HAGGERTY FAMILY LTD 369.00 369196 07/02/2018 SUNQUEST INC 4,824.00 369197 07/02/2018 THE PALMS AT VERO BEACH 12,066.00 369198 07/02/2018 FELLSMER.E COMM ENRICHMENT PROGRAM INC 532.00 369199 07/02/2018 DAVID CONDON 657.00 369200 07/02/2018 HILARY MCIVOR 664.00 369201 07/02/2018 PAULA LANE 450.00 369202 07/02/2018 PELICAN ISLES LP 7.567.00 369203 07/02/2018 SUNCOAST REALTY & RENTAL MGMT LLC 3,930.00 369204 07/02!2018 OAK RIVER PROPERTIES INC 248.00 369205 07/0212018 SONRISE VILLAS LTD 1,891.00 369206 07102/2018 ADINA GOLDMAN 542.00 369207 07/02/2018 INDIAN RIVER RDA LP 4,958.00 369208 07/02/2018 RICHARD L DAVENPORT 494.00 369209 07/02/2018 GEORGE T14UYNS 565.00 369210 07/02/2018 LAZYI LLC 1,951.00 369211 07/02/2018 SYLVIAMCNE'ILL 727.00 369212 07/02/2018 SKOKIE HOLDINGS INC 426.00 369213 07/02/2018 ROGER WINSLOW 492.00 369214 07/02%2018 OSLO \/ALLEY PROPERTIES INC 185.00 369215 07/02/2018 SAID S N400BARK 1.317.00 36921.6 07102/2018 LINDSEY GARDENS lI LTD 5,678.00 369217 07/02/2018 ANTI•IONY ARROYO 683.00 36921.8 07/02/2018 AHS HOLDINGS GROUP LLC 2,580.00 36921.9 07/02/2018 DANIEL CORY MARTIN 73200 369220 07/02/2018 YVONNE KOUTSOFIOS 54.00 369221 07/02/2018 ALAN R TOKAR 613.00 369222 07102/2018 VERO BEACH VILLAS I LLC 462.00 369223 07/0212018 BRIAN E GALLAGHER 540.00 369224 07102/2618 HOUSING AUTHORITY 775.08 369225 07/02/2018 STEPHANIE WATCHEK FOUNTAIN TRUST 162.00 369226 07/02/2018 SCOT WILKE- 501.00 369227 07/02/2018 THEODORE BARTOSIEWICZ 505.00 369228 07/02/2018 FOUNDATION FOR AFFORDABLE RENTAL 20,756.00 369229 07/0212018 RICHARD .KUSSEROW 469.00 T TRANS NBR DATE VENDOR AMOUNT 369230 07%02/2018 ARE JAY INVESTMENTS OF,INDIAN :RIVER COUNTY II` 469.00 369231 07/02/2018 SONR[SE VILLAS II LLC 601.00 369232 07/02/2018 JOHN T STANLEY 782.00 369233 07/02/2018 CSMA SFR HOLDINGS II -LLC 547.00 369234 07/02/2018 WEDGEWOOD RENTALS LLC 1,563.00. 369235 07/02/2018 ALMA LUCKETT 852.00 369236 07/02/2018 LIVE OAKS REALTY .INC 571.00 369237 07/02/2018 MCLAUGHLIN PROPERTIES LLC 892.00 369238 07/02/2018 JOYCE BODANZA 593.00 369239 07/0212018 MYRIAM MELENDEZ 460.00 369240 07/02/201.8 WATSON REALTY GROUP 3,736.00 369241 07/02/2018 JAMES R. LYONS 407.00 369242 07/05/2018 PORT CONSOLIDATED INC 632.34 369243 07/05/2018 JORDAN MOWER INC 949.61 369244 07/05/2018 COMMUNICATIONS INTERNATIONAL 6,405.01 369245 07/05/2018 TEN -8 FIRE EQUIPMENT INC 1,004.24 369246 07/05/2018 VERO CHEMICALDISTRIBUTORS INC 1,267.69 369247 07/05/2018 CHISHOLM CORP OF VERO 1,694.98 369248 07/05/2018 HENRY SCHEIN INC 31647.59 369249 07/05/2018 VELDE FORD INC 166.26 369250 07/05/2018 GRAY13AR ELECTRIC 367.64 369251 07/05/2018 MCMASTER CARR SUPPLY CO 59.04 369252 07/05/2018 AMERIGAS EAGLE PROPANE LP 903.92 369253 07/05/2018 AMERIGAS EAGLE PROPANE LP 1,590.54 369254 07/05/2018 WILD LAND ENTERPRISES INC 21.00 369255 07/05/2018 HACH CO 465.05 369256 07/05/2018 LFI FORT PIERCE INC 371.25 369257 07/05/2018 CLIFF BERRY INC 193.90 369258 07/05/2018 KSM ENGINEERING & TESTING INC 3,448.50 369259 07/05/2018 DIVE RESCUE INC 500.00 369260 07/05/2018 EXPRESS REEL GRINDING INC 300.00 369261 07/05/2018 TIRESOLES OF BROWARD INC 3,949.05 369262 07/05/2018 MOTION INDUSTRIES INC 446.73 369263 07/05/2018 H C WARNER INC 2,305.67 369264 07/05/2018 CITY ELECTRIC SUPPLY 182.31 369265 07/05/2018 CARTER ASSOCIATES INC 7,533.40 369266 07/05/2018 DELL MARKETNG LP 212.79 369267 07/05/2018 BLAKESLEE SERVICES INC 710.00 369268 07/05/2018 BAKER & TAYLOR INC 11,708.95 369269 07/05/2018 BRANDTS APPLIANCE SERVICE INC 419.74 369270 07/05/2018 MIDWEST TAPE LLC 498.00 369271 07/05/2018 MWI CORP 1,166.57 369272 07/0512018 MICROMARKETING LLC 118.87 369273 07/05/2018 BAKER DISTRIBUTING CO LLC 346.11 369274 07/05/2018 CENGAGE LEARNING INC 611.01 369275 07/05/2018 PENWORTHY COMPANY 832.33 36:9276 07/05/2018 JIMMYS AIR & REFRIGERATION INC 3,1.41.37 369277 07/05/2018 LINDSEY GARDENS LTD 500.00 369278 07/05/2018 ANTHONY E VALENTINO 500.00 369279 07/05/201.8 INDIAN RIVER COUNTY HEALTH DEPT 245.00 369280 07/05/2018 INDIAN RIVER COUNTY .HEALTH .DEPT 2,355.94 369281 07/05/2018 ROGER J NICOSIA 520.00 369282 07/05/2018 CITY OF VERO BEACH 8,500.11 369283 07/05/2018 JANITORIAL DEPOT OF AMERICA INC 142.74 369284 07/05/2018 GEOSYNTEC CONSULTANTS INC 4,693.55 369285 07/05/201.8 ST JOHNS RIVER WATER MGMT DISTRICT 1,055.00 369286 07/05/201.8 TIMOTHY ROSE CONTRACTING INC 96,543.84 369287 07/05/2018 FLORIDA POWER AND LIGHT 15,397.48 369288 07/05/2018 FLORIDA POWER AND LIGHT 1,300.93 369289 07/05/2018 THOMAS S LOWTHER FUNERAL NOME CORP 425.00 7 TRANS NBR DATE VENDOR AMOUNT 369290 07/05/2018 IRC HOUSING AUTHORITY 3,003.34 369291 07/05/201.8 BRE-CLEARWATER OWNER LLC 720.00 369292 07/05/2018 F.LORIDAEMERGENCY PREPAREDNESS 25.00 369293 07/05/2018 TREASURE COAST SPORTS COMMISSION INC 9,858.84 369294 07/05/2018 TROY FAIN 'INSURANCE INC 103.00 369295 07/05/2018 UNITED HEALTH CARE INS COMPANY 228.93 369296 07/05/2018 MYLES BROWN 260.00 369297 07/05/2018 HENRY SMITH 140.00 369298 07/05/2018 TERRY SOUTHARD 79.00 369299 07/05/2018 ALAN C KAUFFMANN 220.00 369300 07/05/2018 KEEP INDIAN RIVER BEAUTIFUL INC 4,833.65 369301 07/05/2018 JEFFREY L VOEGELE 300.00 369302 07/05/2018 PGA NATIONAL RESORT & SPA 135.00 369303 07/05/2018 LLONALD & VIKKI MIXELL 90.69 369304 07/05/2018 BRIDGESTONEAMERICAS INC 2,547.30 369305 07/05/201.8 ST LUCIE COUNTY BOCC 122,950.25 369306 07/05/201.8 THE AVANTI COMPANY INC 1.518.00 369307 07/05/2018 CELICO:PARTNERSHIP 178.96 369308 07/05/2018 BOYLE & DRAKE INC 550.00 369309 07/05/2018 TRAFFIC CONTROL DEVICES INC 65,680.98 369310 07/05/2018 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 369311 07/05/2018 DASI:E BRIDG'EWATER HOPE CENTER INC 4,339.53 369312 07/05/2018 SHELLEY NOWLIN 17.54 369313 07/05/2018 SOUTHERN JANITOR SUPPLY INC 2,623.44 369314 07/05/2018 MBV ENGINEERING INC 3,225.00 369315 07/05/2018 CENTRAL PUMP & SUPPLY INC 277.75 369316 07/05/2018 STAPLES CONTRACT & COMMERCIAL INC 22.99 369317 07/05/2018 HEVERON GROUP INC 19,039.00 369318 07/05/2018 GLOVER OIL COMPANY INC 20,799.10 369319 07/05/2018 LARRY STEPHENS 220.00 369320 07/05/2018 MICHAEL W EIR.LS 5,200.00 369321 07/05/2018 MISTY LPURSEL 13.97 369322 07/05/2018 JOHNNY B SMITH 170.00 369323 07/05/2018 GLOBALSTAR USA 182.75 369324 07/05/2018 SEAN DI-IILLON 35.00 369325 07/05/2018 CHARLES A WALKER 80.00 369326 07/05/2018 KARI CUNDIFF 19.17 369327 07/05/2018 EAST COAST TILE & TERRAZZO SUPPLIES INC 247.88 369328 07/05/2018 GERARD CONSTANTINE 50.00 369329 07/05/2018 BLANCHE, MICHAEL& JANE 1,750.00 369330 07/05/2018 FLUID CONTROL SPECIALTIES INC 875.42 369331 07/05/2018 TREASURE COAST FOOD BANK INC 137.34 369332 07/05/2018 NICOLACE MARKETING INC 1,964.00 369333 07/05/2018 EQ THE ENV] RONMENTAL QUALITY COMPANY 12,322.00 369334 07/05/2018 NANCY H MOSSALI 199.00 369335 07/05/201.8 SANDY ARACENA 160.00 369336 07/05/2018 VERA SMITH 80.00 369337 07/05/2018 GARRETT SMITH 80.00 369338 07105/201.8 TREASURE COAST SWIMMING LLC 1,500.00 369339 07105/2018 THOMPSONS REMODELING & 140ME REPAIR INC 908.32 369340 07/05/2018 THOMPSONS REMODELING & HOME REPAIR INC 7,900.00 369341 07/05/2018 YOUR AQUA INSTRUCTOR LLC 130.00 369342 07/05/2018 JOSEPH CATALANO 100.00 369343 07/05/20.18 ALAN JAY CHEVROLET CADILLAC 49,115.75 369344 07/05/2018 HEATHER HATTON 250.00 369345 07105/2018 LOW.ES HOME CENTERS INC 1,129.06 369346 07/05/2018 GA'UDET ASSOCIATES INC 1,011.75 369347 07/05/2018 CARDINAL HEALTH I10INC 1,417.56 369348 07/05/2018 KELLY LORRAINE HAMLIN 330.00 369349 07/05/2018 KYLEANDERSON 2,950.00 TRANS NBR DATE VENDOR AMOUNT 369350 07/05/2018 ALEX MIKLO 130.00 369351 07/05/2018 BURNETT LIME CO INC 9,496.20 369352 07/05/2018 O SPORTSWEAR LLC 546.00 369353 07/05/2018 TREASURE COAST TURF INC 53.00 369354 07/05/2018 PENGUIN RANDOM HOUSE .LLC 604.50 369355 07/05/2018 STRAIGHT OAK LLC 480.84 369356 07/05/2018 KRAUS ASSOCIATES INC 10,1.84.94 369357 07/05/2018 SOUTHERN MANAGEMENT LLC 257.00 369358 07/05/2018 DEBORAH CUEVAS 140.00 369359 07/05/2018 RYAN HERCO PRODUCTS CORP 922.77 369360 07/05/2018 CHEMTRADE CHEMICALS CORPORTATION 2,272.52 369361 07/05/201.8 RONALD NICHELSON 200.00 369362 07/05/2018 MICHAEL EDWARD HAMILTON 300.00 369363 07/05/2018 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 369364 07/05/2018 HAWKINS INC 456.75 369365 07/0512018 FLORITURF SOD INC 66.00 369366 07/05/2018 JASPER WELLER LLC 1,895.00 369367 07/05/2018 ESI ACQUISITION INC 6,750.00 369368 07/05/2018 JOSEPH DIZONNO 120.00 369369 07/0512018 CATHEDRAL CORPORATION 4,827.29 369370 07/05/2018 UNIFIRST CORPORATION 981.23 369371 07/05/2018 TAMI GAY 1,400.00 369372 07/05/2018 CDA SOLUTIONS INC 8,694.00 369373 07/05/2018 ADVANCE STORES COMPANY INCORPORATED 207.08 369374 07/05/2018 SHERRIE GARCIA 495.00 369375 07/05/2018 EGP DOCUMENT SOLUTIONS LLC 895.82 369376 07/05/2018 NORTH AMERICAN OFFICE SOLUTIONS INC 25.00 369377 07/05/2018 WURTH USA INC 75.45 369378 07/05/2018 STEPHANIE FONVIELLE 55.00 369379 07/05/2018 ICON SUPPLY INC 3,145.29 369380 07/05/2018 JENNIFER DOWNES 70.00 369381 07/05/2018 MATHESON TRI-GAS INC 7,677.15 369382 07/05/2018 PEOPLE READY INC 25,268.24 369383 07/05/2018 ROBERT 0 RICHARDSON III 110.00 369384 07/0512018 EMILY GOUGE 110.00 369385 07/05/2018 CANARX GROUP INC 13,594.30 369386 07/05/2018 COLE AUTO SUPPLY INC 3,.153.39 369387 07/0512018 KONICA MINOLTA BUSINESS SOLUTIONS 4,821.45 369388 07/05/2018 KENNETH JOHNSON 71.00 369389 07/05/2018 BETH NOLAN 1.10.00 369390 07/05/2018 ALLAN D K.ELILERMAN 14,950.00 369391 07/05/2018 ALLAN D KELL:ERMAN 19,586.00 369392 07/05/2018 ALLAN D KELLERMAN 25,150.00 369393 07/05/2018 THOMAS R PILIERO 36.00 369394 07/05/2018 AQUATIC SYNERGY LLC 300.00 369395 07/05/2018 WHITT CHENOWITH 120.00 369396 07/05/2018 BOWMAN CONSULTING GROUP LTD 87,765.75 369397 07/05/2018 CORE & MAIN LP 6,862.44 369398 07/05/2018 ERIC SKA.LA 40.00 369399 07/05/2018 MC DERM OTT WILL& EMERY LLP 10,012.00 369400 07/05/2018 IRL COUNCIL 50,000.00 369401 07/05/2018 GOMEZ BROTHERS IRRIGATION LLC 3,930.00 369402 07/05/2018 CHANGE HEALTHCARE LLC 75,499.71 369403 07/05/2018 COASTAL BULB INC 7,440.00 369404 07/05/2018 OSBURN ASSOCIATES INC 2,048.00 369405 07/0512018 STEPHEN STONE 1.20.00 369406 07/05/2018 JOSEPH LORINO 120.00 369407 07/05/2018 US FOUNDRY & MFG CORPORATION 1,925.34 369408 07/05/2018 SHAWN MC CLAIN 40.00 369409 07/05/2018 DIRECT TV 29.24 9 4 TRANS NBR DATE VENDOR AMOUNT 369410 07/05/2018 TAYLOR ANNE HATTON 200.00 369411 07/05/2018 ROGERS ENVIRONMENTAL INC 2,426.50 369412 07/05%2018 ASURE SOFTWARE INC 9,250.00 369413. 07/05/2018 TRI COUNTY'MOBILE WASH INC 450:00 369414 07/05/2018 ATLANTIC TIME SYSTEMS INC 1,056.97 369415 07/05/2018 JACK KLEIN ASSOCIATES INC 968.10 369416 07/05/2018 SAY IT AIN'T SEW INC 6,271.41 369417 07/05/2018 CLARK CONTRACTING & CONSTRUCTION CORP 250.00 369418 07/05/2018 INDIAN RIVER COURT REPORTING 21.00 369419 07/05/2018 SARAH BOWEN 300.00 369420 07/05/2018 MARILYN RAMIREZ 96.47 369421 07/05/2018 WAYNE KINNEY 50.00 369422 07/05/2018 BRIAN SKINNER 366.05 369423 07/05/2018 BEN KNOWLES 3836 369424 07/05/2018 CROSSLAND STUDIOS ORLANDO 360.00 369425 07/05/2018 EPH 2 ASSETS LLC 78.08 369426 07/65/2018 SARAH ELLIOTT 36.98 369427 07/05/2018 MELVIN BRYANT 153.06 369428 07/05/2018 PAULD B JONES 500.00 369429 07/05/2018 STACEY WI.LLIAMS 180.00 369430 07/05/2018 RAMONA MURPHY 20.00 369431 07/05/20.18 VERO HOUSING II LLC 34.81 Grand Total: 1,143,145.95 A ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 101.3522 07/03/20.18 AT&T 12,533.37 1013523 07/03/2018 OFFICE DEPOT BSD CUSTOMER SVC 2,422.53 1013524 07/03/2018 COMCAST 363.14 1013525 07/05/2018 EVERGLADES FARM EQUIPMENT CO INC 738.27 1013526 07/05/2018 COLKITT SHEET METAL & AIC :INC 2,451.00 1013527 07/05/2018 COPYCOINC 98.18 1013528 07/05/2018 COLD AIR DISTRIBUTORS WAREHOUSE 897.20 1013529 07/05/2018 INDIAN R1VER.BATTERY 978.35 1013530 07/05/2018 INDIANRIVER. OXYGEN INC 266.45 1013531 07/05/2018 DAVES SPORTING GOODS & TROPHIES 1.03.00 1013532 07%05/2018 GALLS :LLC . 1,24.3.13 1013533 07/0512018 MEEKS PLUMBING INC 529.00 1.013534 07/05/2018 ABCO GARAGE DOOR CO INC 396.25 1013535 07/05/2018 ALLIED UNIVERSAL CORP 7,573.58 1013536 07/05/2018 IRRIGATION CONSULTANTS UNLIMITED INC 602.76 1013537 07/05/2018 GROVE WELDERS INC 85.25 1013538 07/05/2018 RECORDED BOOKS LLC 74.20 1013539 07/05/2018 SOUTHERN COMPUTER WAREHOUSE 79621 1013540 07/05/2018 4IMPRINT INC 662.14 1013541 07/05/2018 COMO OIL COMPANY OF FLORI DA 303.45 1013542 07/05/2018 COMPLETE ELECTRIC INC 2,150.00 1013543 07/05/2018 SHRIEVE CHEMICAL CO 2.394.02 1013544 07/05/2018 MIDWEST MOTOR SUPPLY CO 70.96 1013545 07/0512018 RECHTI.EN INTERNATIONAL TRUCKS 431.62 1013546 07/05/2018 METRO FIRE PROTECTION SERVICES INC 51.50 1013547 07/05/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 66.70 1013548 07/05/2018 HYDRA SERVICE (S) INC 3,572.78 1013549 07/05/2018 PACE ANALYTICAL SERVICES INC 108.00 1013550 07/05/2018 COUNTY MATERIALS CORPORATION 11,550.16 Grand Total: 1 53,513.20 11 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 6028 06/29/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 68,938.20 6029 06/29/2018 IRC FIRE FIGHTERS ASSOC 9,548.56 6030 06/29/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 3,908.49 6031 06/29/2018 SENIOR RESOURCE ASSOCIATION 64,892.74 6032 06/29/2018 IRC CHAMBER OF COMMERCE 6.512.31. 6033 06/2912018 IRC CHAMBER OF COMMERCE 14,211.49 6034 06/2912018 KIM:LEY HORN & ASSOC INC 16,711.00 6035 06/29/2018 REGIONS BANK 4,287,919.92 6036 07/02/2018 ST LUCIE BATTERY & TIRE CO 1,000.00 6037 07/02/2018 CLERK OF CIRCUIT COURT 84,440.41 6038 07/02/2018 INDIAN RIVER COUNTY PROPERTY APPRAISER 864;881.74 6039 07/02/2018 AMERICAN FAMILY LIFE ASSURANCE CO 27,242.56 6040 07/02/2018 FL SDU 5,500.07 6041 07/02/2018 INDIAN RIVER COUNTY SHERIFF 899.00 6042 07/02/2018 INDIAN RIVER COUNTY SHERIFF 3,799,931.31 6043 07/02/2018 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 89,137.84 6044 07/02/2018 IRS -PAYROLL TAXES 421,823.74 P -CARD 07/03/2018 TD BANK, N.A. 28,029.33 6045 07/05/2018 FL RETIREMENT SYSTEM 865,087.90 6046 07/05/20.18 VEROTOWN LLC 63,500.49 Grand Total: 10,724,117.10 12 Carole jean Jordan, CFC Tax Collector 'How MA)lWEHELP You?" July 10; 2018 Board of County Commissioners Attention: Peter O' Bryan 1801 27`x' Street. I31de A Vero Beach. FL 32960 Re: Errors and Insolvencies Re'port for the 2017 Tax Roll Dear Chairman O'Bryan: Pursuant to Chapter 197.492 of the,l~lorida Statutes, please find enclosed the Recapitulation. of the 2017 Tax Roll. It includes a copy of the Errors and Insolvencies Report which shows the errors, double assessments, and insolvencies al owed. If I maybe of further assistance; plelse do not hesitate to contact me. ['hank you. Sincerely, 9 Carole Jean .Jordan Indian River CoLmty Tax Collector CJJ:ekp Attachments P.O. Box 1509; Vero Beach, FL 32961-1509. E-mail: TaxCo11ectort6-)irctaxmm Website: www.irctax•com Phone: (772)226-1.338 - Fax (772) 770-5009 13 REPORT OF DISCOUNTS, ERRORS. DOUBLE ASSESMENTS, AND INSOLVENCIES Section 197.492, Florida Statutes Certified to the Board of County Commissioners by Carole lean Jordan. Tax Collector for Indian River County, Florida. Discounts, errors, double assessments, Insolvencies, and exemptions are the only reasons for not collecting personal property taxes. Do not list any personal property tax item Before submitting this list to the board of county commissioners, the tax collector must fill out and sign the certificate at the end of this form as the last page o£ the report and 14 Description of land or personal property Person the tax is assessed against in the roll I Property 10 It Total taxes deleted Reason for reduction WHITE TERRY L & CONSTANCE R 30.38.25.00010-0000.00026/0 2,312.78 Errors LAMB EDWARD J SR (TRS) 30.38-28.00004-0000-00151/0 918.76 Errors MCCOLLUM NELSON & SHAWN 30-38-26.00006-0000.00380/0 153.97 Errors RS SEBASTIAN DEV LLC 30.38.30-00013.0000.00001/0 (1,298.56) Errors SHEPHERD TOM EDSON 30.38.36.00004.0010-00012/0 767.95 Errors DAISY MAE PROPERTY LIC 30-39.33.00001-0000-00009/0 2,112.58 Errors LANE PAULA L 4 31.37.00.00001-1753.00001/0 (1,683.03) Errors PENCE LARRY 0 3.1.37.00-00001-2148-00002/0 734.60 Errors BURDETTE ROBERT TODD 31-37.00-00001.2154.00001/0 965.19 Errors SERRANO-RIOS HIRAM & 31-37.00-00001-2437-00001/0 6,378.88 Errors RODRIGUEZ ISABEL HERRERA (LE) 3137.00-00009-0410-00019/0 568.60 Errors ROMAN CARLOS & ` 31-37-00-00609-0980-00004/0 (864,61) Errors CICHEWICZ BRYAN A & VERONICA 31-37.00-00009-1220.00009/0 2,324.38 Errors LOPEZ PAULA K(LE) 31-37-00.000)1-1955-00001/0 (641.93) Errors TYLER JOHNNY(TR)(TOK)` 31.37-00.000.11-2038-OD003/0 1,126.31 Errors PICARDMARYANNE 31-38.0140000-7000-00005/0 729.34 Errors COOK RYAN & RHONDA 31-38.01.00002-0370-00025/0 2,370.03 Errors CHERRY DAVID E 31.38.01-00003-0510-00006/0 442.65 Errors BATISTA EVELYN 31-38-0.1-00003.1150.00009/0 (853.28) Errors VON STEGERT EVELYN & 31-38.12.00005-5030-00008/0 9.05 Errors WILSON PHILIP C and MELINDA A 3138.12-00005.5060-00007/0 145.18 Errors WILSON PHILLIP C ' and MELINDA 3138-12-00005-5060-00017/0 244.96 Errors WILSON PHILIP C and MELINDA A 31-36-12-00005-5060-00029/0 86.58 Errors TRACY CAROL (TRS)(TOK)&' FBO MICHAEL E LANCIERI JR (TR) 31-38.13-00001.1.750-00020/0 (740.19) Errors BATIS'TA MARCOS 31-38-13-00002-2060-00004/0 1,785.63 Errors ADAMS HOMES OF NORTHWEST FLORIDA INC 31-38-14-00002-1600.00024/0 237.87 Errors CONDRA, JOAN ALLYN (SUCTRS) 31-38.14.00002-16DO.0002S/0 (396.07) Errors LOVELACE GISELA 31-38.14.00002.1650.00007/0 746.06 Errors MCCARTYMICHAEL CHRISTOPHER 31-38.14-00003-OD00-00049/6 427.35 Errors ROBITAILLE MARCEL G & 31.38-27.-00002-0000-00065/0 598.80 Errors GAMBELLTHERESA E 31-38.23-D0003-0000.00104/0 1,174.87 Errors MCCOLLUM NATHAN 31.38-24.00001-2390-00012/0 4.93 Errors MARSHALL SANDRA 31-38-2400001-27201-00006/0 -1,027.94 Errors DAVIDSON CHARLES L (1/3) & ' 31-38.25-00001-2960.00029/0 (994.64) Errors SULLIVAN RAYMOND S (TRS)(TOK) 31.38.25.0000143410.00004/0 497.45 Errors LEES BEN & KRISTIN R 31-38.25.00001-3530-00034/0 (729.34) Errors JONES SHAUNAT 31-38-25.00001-3580.00019/0 7.,364.67 Errors SCHEBALJOSEPH A & DARLA TRUDELL 31-38.25.00001-3790.00008/0 249.60 Errors MICHAEL NATHAN 31.38.25.00001-4050.00029/0 671.58 Errors LYNN EVERETT EUGENE (ADR)& 31.38.26.00000.7000-00002/0 141.27 Errors BENJAMIN JODIJ 31.38-26.00001.3320-00006/0 1,486.62 Errors THOMAS BRENDA H 31.38-26-0000.1.3390.00009/0 1,169.85 Errors WENSINGER PATRICIA (T'R) 31-38-26-00003-0000-0037.7/0 775.86 Errors PELLICANO JAMES & ROSEMARY 31-38-26.00003-0000-00352/0 3,784.71 Errors COPFRTINO THOMAS J and CATHERINT 31.38.28-00002-0060.00014/0 886.65 Errors STUDSTILL SANDRA 31.38.28.OD002-0150-00006/0 213.7.7 Errors MCGARVEY SHAYNE 31-38-33.00001-0090-00006/0 176.53 Errors OUVERA RAMONITA M 31-38-33.00001-0130-00007./0 1,031.30 Errors SPENCER DEBRA L 31-38-33-00003-0030.00009/0 3.173.91 Errors GEHRKE GARY AND SANDRA 31-38.33.00003-OG40-00032/0 (5.98) Errors DOWNS IRA 31.39.06.00000.5000.00011/1 323.03 Errors GILFILLAN ELEANOR R & 31.39-06.00000-5000.00017/0 1,204,69. Errors FOGEL KIM A 31.39-06-00013-0003-00005/0 421.67 Errors MOTIVA ENTERPRISES LtC 31-39-06.00020-0060-00001/i (0.17) Errors ACKISON LINDA A 31-39.07.00001-4870-00024/0 976.82 Errors SAUL CHARLES DUDLEY 111 & PATRICIA FREELS 31.39.07.000014940-00027/0 3,746.73 Errors BOX SIGRID CARIOTO & ` 31-39-07.00001-4970-00016/0 1,023.88 Errors REICHER CRAIG & ERIN 31.39.15-00019.0440.00001/0 14,903.82 Errors WINDSOR PROPERTIES 3139-15-00021-0450-00007/1 50.35 Errors WINDSOR PROPERTIES 31-39.15-00021-0450.00007/2 67.11 Errors OE117EL ROGER J & 31.39.17.00005-0040-06252/0 314.56 Errors INFERRERA RAYMOND J 31-39.18.00003-SS20-00004/0 904.34 Errors MILLER -FOX ELIZABETH 31-39.23-00005-0010-00001/1 1,707.25 Errors 14 WANADOO LLC 31-39-27-00005.0000.00008/0 1,623.64 Errors MARSH ISLAND DEVELOPMENT COMPANY LLC 31-39.27-00006-0000-00001/0 856.65 Errors RILEY JOHN R and DIANE F 31.39.28.00000-0020-00011)0 (6,355.79) Errors INDIAN )LIVER COUNTY 31-39-31-00000-7000-00011/0 99,00 Errors TOWN OF ORCHID 31-39-34-00005.0000.00001/6 110.79 Errors CRISR, CREATIONS LLC 31-39-34-00005-0000-00008/0 106.26 Errors LIEBERMAN BRIAN and DAYLE 31-39.34.00006-0000-00004/0 382.18 Errors PESKIN MICHAEL ROBERT 31.39-35-00002-0000-00072/0 3,036.90 Errors CORNELIUS DOUGLAS H and KATHLEEN A 31-39-35.00004.0000.00112/0 1,546.70 Errors BAKER RODERICK 5 (TR)(1)2) 31-39-35.00006.0000-00073/0 1,673.40 Errors DOYL.E EDWARD J & ELLEN J 31-39-36-00026.0000-0009610 (5,422.44) Errors BAYTREE VENTURES LLC' 32-38.14-00000-5000-00001/0 (5,206.05) Errors MUNZ MICHAEL A & MARY E 32-39-01.00002-0000.00380/0 16,294.50 Errors SMITH RIORDON B & ELIZABETH W 32-39.01.00002.0000-0041210 1,861.36 Errors OCi PARTNERS LLC 32-39-01-00002-0000-00413/0 1,325.05 Errors WINTER 8CH CEMETARYASSOC INC. 32-39-03-00000-5000-00009/0 109.10 Errors WOUTERS MICHELE M 32.39.09.00007.0000.00017/0 1,923.56 Errors BAT"TISTA DONALD P ' and PATRICIA H & 32-39.09-00010-0000.00644/0 (565.21) Errors CAMPBELL KAREN C (TRS)(24%) & F00 WILLIAM YCAMPBELLTRUST 32-39-12-00011-0000-00002)0. 6,095.68 Errors MOREIN MARK WILLIAM.' and KARAN CASAD 32.39.12-0001I.ODOO-00019/0 7,511.65 Errors VANEECKHOUT CLAUDINE A 32-39-1.3-00016.0000-00006/0 1,331.91 Errors GARRETT BENJAMIN (TR)(TOK) 32.39-13.00017.0000.00006/0 2,005.97 Errors DEVINNEY WILLIAM F (1/4) & 32-39-14.00001.0000-00025/0 5,055.75 Errors FERGUSON NEIL & ANDREA 32.39.16.00002-0000.00001/0 876.07 Errors MAYROSH GEORGE F 32-39.16-00003-0000-00015/0 1,208.46 Errors 1UROSTHOMAS S 32.39-16.00004.0000-00498/0 2,626.50 Errors PICCIRILLOSUSAN 32-39.17-00003-0000.00023/0 1,540.77 Errors JACKSON KENNETH L & LAVON 32-39.21-00004-0008-00008/0 1,151.35 Errors PAYNE STEPHEN FORREST' and ROBIN MARIE 32-39-21-00011-0000-00361/0 1,56SA4 Errors JACKSON GAIL ("TOK) 32-39.23.00007.0100.00000/1 616.18 Errors DENANNEY WILLIAM F 32-39.23-00011.0000-00064/0 (2,159.18) Errors GRIMDITCH CAROLYN W (TR) 32.39.24-00011-0000-00013/0 4,467.64 Errors GIRARD BROS OF VERO LLC 32-39.26-00000.3000-00006/1 6,098.40 Errors INDIAN RIVER COUNTY 32-39-26-00005.0020-00003/0 25.00 Errors WYNN JEAN . and MARY 3239-26.00005-011.0-00003)0 350.44 Errors ZALEVSKY HARVEY A 32-39.26.00016.0002-00112/0 44954 Errors INDIAN RIVER COUNTY 32.39-27-00003.OQQOJ00001)0 43.50 Errors INDIAN RIVER COUNTY 32-39.27-00003-0000-0003.1/0 25.00 Errors INDIAN RIVER COUNTY 3239-27.00007-0000-00042/0 43.50 Errors AFFORDABLE HOry".ES OF GIFFORDC/O CLIFF CHERRY 32-39.27.00008.0000.00003/0 43.50 Errors BLUM JAMES R (LE) 32.39-31-00005-0000-00014/0 1,299.82 Errors SABAC RONALD L (TR) & DIANE C (TR) 32.39.32-00016.0000.00191/0 2,144.51 Errors HART JOSEPH P 32-39-15-00007.0050-00008/0 312.38 Errors TSUNODA MARILYN (TR-HTOK) 32-39-36-00011-0160-00009)0 315.55 Errors FUNK GEORGE M 32.39-36.00015.0000-00001/0 (6,819.51). Errors MENDEZ-"PENATE CARLOS E 32.-40.18-00001.0000--00050/0 588.50 Errors BOCKLETI BARRY SR and KAREN L(1/2) & 32.40-18-00011.0020-00203/0 (1,946.61) Errors MERKSAMER.EDWARD A 32-40.18.00019-0000-00009/0 5,457,25 Errors WALLACE MARGARET (LESS) 32-40-29-06008-0000.00208/0 680.61 Errors DUNWOODY COLIN & ANNE r,4CCA8E 32-40.29.00014.0000-00057/0 2,146.73 Errors MOt00VAN AMELIA E. (TR) 32-40-29-00028.0000-00004/0 1,929.29 Errors ESTRELLALORI Land JONATHAN 32-40-31-00007-0120-00009/0 85,412,76 Errors ERICKSON L.EIGN (TRS) 32-40.31-00007-0190-00009/1 8.26 Errors CRAIG ROBERT ALLAN and GAL17' SHALOM 32-40.32-00006-0160-00045/0 1,04616 Errors BELINKOFF ANN (TR) 32-40-32-00006.0170-00042/0 3,046.57 Errors RIDDICK JENNIFER C 32:40-32.00011-0000-00006/0 5,715.60 Errors KONARY DANIELLE 32.40-32-00012-0020-00007/0 2,926.79 Errors SZENTIRMAIOSZKAR 32.4032.000120030-00005/0 1,77711 Errors SOTTILARE SANTO i (TR) & MARY LEE (TR) 32-40-32-00024-0000-00013/0 252.14 Errors ESCG LYNN (T RS) & F80 MARGARET BELCHER TRUST 33.37-14-00000.3000-00002/0 (24.14) Errors BELCHER E NIR (ETAI) C/O JEWEL BELCHER 33-37-23-00000-7000-00002/0 (14-85) Errors LINDSEY ROBERT J and LYNN B 33-37-26-00001-0030-00001)0 13,660.45 Errors LINDSEY P.baERTJ and LYNN B 33-37-26-00001-0050.00001/0 (13,660.45) Errors BENNETT WALTER E (LE) & SHIRLEY A (LE) 33-38-01-00005.0000-00015/0 608.95 Errors FLOWING STREAMS CHURCH 33-38-02-00001-0010-00001/1 16,985.52 Errors BOND MICHELE 33.38-02-00002.0210-00019/0 977.90 Errors CHMSTIANO DOUGLAS 33-38.12-OD002-0000-00023/0 851.76 Errors VAIL THOMAS B and CAROLE C & 33-38.12.00002-0000-00041/0 (1,053.67) Errors DARLING RAYMOND F' and ANN E 33-39.01-00005-0100.00026/0 618.39 Errors FLETCHER CHRISTINE (TR) 33.39.01-00005-0130-00024/0 268,02 Errors PACICCAODI A (1/3) & 33.39.01.00005-0230-00030/0 640.96 Errors STEVENS ELLEN A (TR) 33-39.01-00033.0040-00015/0 1,311.56 Errors HUPPENTFIAL.KATHRYN 33-39.01-00035-0210-00002/0 849.78 Errors MARLLYN S JUSTICE CPA PA 33.39-01.00067-0000-00010/0 87.83 Errors 15 INDIAN RIVER COUNTY 33.39-02-00001-0440-00001/0 5,259.48 Errors CITY OF VERO BEACH 33.39-02.00001.0470.0000611 18.50 Errors FLINCHUM JUSTIN R & ANDREA f 33-39>02-00004-0060-00017/0 531.05 Errors LANDERS WALTER and PEGGY 33-39-02.00016.0010-00006/0 (519.68) Errors ELLIS MICHAEL E 33-39.02.00020.0070.00064/0 (820.16) Errors F0.5R RE TI LLC 33.39.03-00006-0030-00001/0 317,30 Errors HARBOR COMMUNITY BANK 33-39.03.00007.0030.00006/0 253.83 Errors INGERSOLL.LA'DORRD 33.39.03.00010.0030-00016/1 1,337A2 Errors POSADAJUAN' 33-39.03.00026-0070-00005/0 572.53 Errors STATE OF FLORIDA DEPARTMENT OF "TRANSPORTATION 33-39-03-99999-0000-00001/0 (253.83) Errors STATE.OFFLORIDA DEPARTMENT OFTRANSPORTATION 33-39.03.99999.0000-00005/0 (335.80) Errors INDIAN RIVER COUNTY 33-39-04-00001-0080-00001/1 69.62 Errors AKERS BRENDA 8 33.39-04-00019.0060-00003/0 1,868.01 Errors CONFIDENTIAL, 33-39-04-00034-0000-00019/0 4,238.18 Errors INDIAN RIVER COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES 33-39-05.00001.0150-00001/0 5,333.55 Errors INDIAN RIVER COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES 33-39.05-00001.0150-00001/1 883.36 Errors CONFIDENTIAL 3339-07-DO002-0000-00181/0 794.04 Errors BAXLEY JESSE H & HELEN C 33-39-09-000iZ-0000-00002/0 1,406.56 Errors GIESSERT MICHAEL & LISA B 33.39.09.00029-0000-00005/0 266.77 Errors AR GENIO HOLDINGS LLC 33.39.10-DW02.0010-00012/0 784,87 Errors SHAPPIE STEVEN & KIT 33-39.11-00012-0000-00015/0 892.34 Errors KUNTZ CLYDE R 33-39-11-00017.0000.00017/0 260.51 Errors DEfi4ELLO JOHN F 33-39-11 00034.00DO-00130/0 374.71 Errors INDIAN RIVER BEACH PROPERTIES LLC 33-39-12-00025-0000-00004/0 1,387.48 Errors STEVENS JUDITH 33-39-13.00002.0020-00017/0 23:60 Errors CONNIFF DOUGLAS SEARS (LE) 33-39.11.00006-0006-04005/0 666.33 Errors COPE KENDRA L 33-39.1.3-00006.0011-00016/0 158.58 Errors 656-6S8-660 2ND LANE LLC 33-39-.13-00023-0000-00003/0 106.85 Errors OWENS LUMAINE B R &* 33.39-14.00001.0120-00009/1 879.48 Errors LABOUEF LUPE ROSARIO 33-39.14-00010.0005-00001/0 233.77 Errors SANFORD HELEN F 33-39-14-00010.0005.00015/0 897.15 Errors PETERSON DAVID A & RA,MONA C 33.39.14-00020.0000-00146/0 565.44 Errors DALY THOMAS E 33-39-14-00023.0000-0004510 869.66 Errors SURIANOCONST RUC HUN INC 33-39-15.00009.0006-00021/0 396.19 Errors SURIANO CONSTRUCTION INC 33-39-15-00009.0006.00022/0 396.19 Errors SURIANO CONSTRUCTION INC 33-39-15.00009-0006-00023/0 396.19 Errors INDIAN RIVER COUNTY DEPT OF EMERGENCY SERVICES 33-39-16-00001.0080-00006/0 611.99 Errors KUH!,MANN ERIC and MARY LOU 33-39.17.00003.0005-00019/0 261.85 Errors SPIEGEL PROPERTIES INC 33-39-22-00001-0140-00001/0 3,012.15 Errors CAMPSELLBRUCEA&RUTHA 33-39-22.00019-0000-00024/0 2,630.21 Errors SAMPLE JEAN 6L17.A8fTH (TR) 33-39.23.00002-0020-00008/1 11055.69 Errors TA KIIANG DUC & " 33-39.23-00015-0000-00.104/0 71.93 Errors 2MINKOWSKI PAUL F (LE) & MAUREEN REAGAN (LE) 33-39.24-00022.0000.00139/0 1,863.94 Errors INDIAN RIVER COUNTY 33-39.24-00024-0000-00000/2 92:50 Errors CARTER GERALD RICHARD 33-39-25-00011-0000-00013/0 315.34 Errors EASTMAN GAYLA D (LF) 33-39-26-00005.0003-00009/0 903.84 Errors SANCHEZ NORA (MARTINEZ) 33-39-26-00005-0010-00020/0 818-60 Errors SPROFERA BLAYNE MICHELLE 33-39-26-00006.0006-00008/0 866.91 Errors MCNEAL GUY DERECK & 33-39.26.00007.0007-00005/0 (525.08) Errors MOSEL PATRICIA K 33-39-27-00005-0040-00006/0 1,427.92 Errors JENSEN CAT"HYL£EN W 33-39.28-00010-0000-00112/0 10559 Errors PACETTIKYLE PJR 33-39.3400001-0150-00001/0 1.6,218.10 Errors ALCALA JOSEPH RANDOLPH 33-39-3400003-0003-000.19/0 1,913.23 Errors CONFIDENTIAL 33-39-34-00005-0000-00218/0 1,42219 Errors PHAN Ilit 33-39-3S-00002.1320-40021%0 983.25 Errors OTANO ARMANDO GONZALEZ 33-39-3500002-1350-00016/0 74276 Errors 2ACKMAN'T}iOMAS 33-s9-35-00002-1430-00017/0 164.09 _ Errors HOME SFR BORROWER. LLC C/O ALTISOURCE ASSET MANAGEMENT CORP 33-39-35-00002.1480-00019/0 115.22 Errors SINDIA5CASTONJONES 33.39.36-00002.0300.0001110 714,60 Errors MURPHY TABIIHAKRISTT 33-39-36.00005-0590.00008/0 859.65 Errors TALLY RAMPERSAD (TR)(1/2) 33 3-236-00005.1160-0,0030/0 1,274.66 Errors 2ACKMAN LOUTS H & ELIZABETH 33-39.36-00006.0020-00009/0 2,907.44 Errors HAAS GEORGE H IV and ALAINA E 33-40.05-00008-0050-00004/0 1,147.58 Errors MEARS ANDREA D (TR) 33.40-0500009.0040-04004/0 3,036.58 Errors LAMBERT RICHARD 33-40-0S-00019-0000-00002/3 680.61. Errors VERO BEACH IN`ASTMENT LLC 33.40.07.00002.0000-00001/0 5,023.29 Errors, DE:PALMA PATRICK & CAROLYN L=.V 33.40.08-00008-0000-00028/0 200.42 Errors MARCHANT FRANKLIN T & DEAN A S 33-40-08.00008.0000-00060/0 2,047.23 Errors CRAVENS HENRY E (L) 33-40.08-00016.0000-00002/1 2,562.07 Errors SILSERG SHERL D 33-40.18-00002-0420-00204/0 104.71 Errors JAW OROWSKI GREGORY J (TR)(TOK) 33-40-19-00012.2750-00102/0 216,01 Errors BRENNER JOHN M & DEBORAH S 33-40-2100005-0000-00035/0 -1,907.29 Errors BOURDEAU PAUL L (TR)(1/2) BOURDEAU, CUMMINGS & LOCKWOOD 33.40-27-00006-0000-.00113/0 5,175.53 Errors OLLLS CHRISTINE M (LE) 33-40-30.00008-0003-87020/3 971.87 Errors 16 BRINSON PERRY CALVIN JR 33-40-31.00001.0080-00013/0 479.52 Errors MOONEY MICHAEL J & FRANCES C C/0 MICHAEL N MOONEY (PR) 33-40-31-00007.00:12-00036/0 1,187-98 Errors CROSSMAN DEBORAITP (TR)(TOK) 33.40.31-00009-0005-00001/0 1,156.22 Errors GRAY PATRICIA S 33.40.31.00012.0000-00220/0 264.85 Errors MCGUIRE ALLEN ROBERT JR (TRS)(50%) FBO AWM TRUST" 33-40-3400001.0000-00001/0 60,71$.44 Errors 2150 SOUTH HIGHWAY ALA LLC 33-40"-34.00001.0000-00010/1 12,824.95 Errors SANGER WILLIAM and JANICE 33.40-34-00001.0000-00026/0 88,797.77 Errors JM) OF FT PIERCE INC 00210360000 39.23 Errors ROLLINS RANCHES LLC ATTN: ACCOUNTS PAYABLE 00263000000 19.73 Errors GO COASTAL INC 00526.15 DODO 39.24 Errors COMMUNICATIONS INTL INC 0074460 0000 1,817.34 Errors SS &IVA, AUTOMOTIVE INC 0084$S00000 1,624.42 Errors ACL -RITE WATER PURIFICATION IN C 00854350000 19.62 Errors PROFESSIONAL. ADVISORY SIR INC: 01554400000 21.42 Errors ASSOCIATED RACK CORP 01686900000 42,85 Errors BILLY'S AUTO SERVICE INC 01876520000 21.44 Errors BRICE ROBERT M 0188411 0000 557.43 Errors CUMBERLAND FARMS INC ATTN: "TAX DEPT 0189S260000 22.63 Errors TOTAL PRINT INC 0189735 0000 113.20 Errors INDIAN RIVER HEA! TH SERVICES 01899400000 98.08 Errors COLLINS GEORGE III DMD PA 0192618 0000 21.43 Errors HENDLEY LEON MD PA 01928410000 58.82 Errors FIALL & SONS INC 0194225 0000 9&09 Errors KEOUGHALANA 02013230000 21.41 Errors CATTLECAR DELAWARE INC 0202837 0000 551.36 Errors GURKLIS MICHAEL P DDS 0203859 0000 21.42 errors T"IMOTHY ROSE CONTRACTING INC 0206138 0000 39.24 Errors MAHOLTZ MICHELLE S MD PA 0206167 0000 39.23 Errors COAST DENTAL SERVICES LLC 02062660000 42.83 Errors PALM TREE MANAGEMENT CORP 02063920000 98.10- Errors PEREZ CITRUS INC 02065100000 49.18 Errors DEONARINE BRIAN i MD PA 02073310000 19.64 Errors PERFECTION PAINT"& BODY OF VERO BEACH Lt-,' 02076760000 1?.63 Errors CLEAR ZONE MAINTENANCE INC 02081600000 1959. Errors FRAZIER ENTERPRISES OF IRC INC 0208404 0000 21.43 Errors BEACHLAND MILLWORK INC 02090910000 98,08 Errors SEF FOODS INC C/OINDIRECTTAX SOLUTIONS LLC 02103580000. 98.08 Errors CPM ACRES LLC/NICK'S AU"1"0 ATTN: LINDA HEARDON 0215352 0000 522.66 Errors MIDFLORIDA CREDIT UNION 0215807 0000 889.61 Errors BAD SEED INC 02169710000 524.54 Errors COLLEGE DRIVE PROPERTIES LLC 0217283 0000 13,149.74 Errors DEONARINE MEDICAL CFR LLC 0217509 0600 19.62 Errors EUROPEAN KITCHEN SINK & BATH OUTLET LLC 0217535 0000 6.89 Errors PBAR INC 0219353 0006 21-42 Errors INTERGOLD LLC ATTN. JAMES L:OBEL 0219446 0000 21.43 Errors LIBER TY VERU LLC 0219934 0000 39.23 Errors BLECKER EDGAR R MD PA 0219987 0000 22.62 Errors LIBERTY VERO Cl LLC 02200410000 39.22 Errors FROSTING.LLC 02208690000 21.41 Errors SOIREE 0'2209150006 69168 Errors MI1O ENTERPRISES INC 0221000 0000 (690.50) Errors INTUITIVEMR INC 02210400000 623.46 Errors INDIAN RIVER MEMORIAL HOSPITAL_ INC C/O GEORGEEIGHMY - 0221,3480000 98.67 Errors INDIAN RIVER MEMORIAL HOSPITA! INC C/O GEORGE EIGHMY 02213490000 98.66 Errors INDIAN RIVER MEMORIAL HOSPITAL INC C/O GEORGE EIGHMY 02213500000 98.05 Errors HARVEST ON E LLC CIO TIFFANY BARKWEIA. 02213510000 850.88 Errors JHS5 ENTERPRISES LLC ATTN: 5 JAMES SHAFER 0221596 0000 19_62 Errors CROSS -CORE TECHNOLOGY LLC 02218790000 766.15 Errors JOS A BANK CLOTHIERS INC 0221904 0000 107.12 Errors ORCHID ISLAND BREWERY INC 0221962 0000 42.86 Errors JUST CONVENIENT LLC 0221974 0000 126.17 Errors INDIAN RIVER MEMORIAL HOSPITAL, INC C/O GEORGE EIGHMY 0221995 0000 113.22 Errors INDIAN RIVER MEMORIAL. HOSPITAL INC C/O GEORGE EIGHMY 0221996 0000 98.08 Errors INDIAN RIVER MEMORIAL HOSPITAL INC C/O GEORGE EIGHMY_ 02219980000 9848 Errors INDIAN RIVER MEMORIAL HOSPITAL INC C/O GEORGE EIGHMY 0221999 0000 98.09 Errors GHOHomts 02220070000 1,924.83 Errors BFG CORPORATION ADVANCED PROP TAX COMPLIANCE 02221110000 (1,292.10) Errors BEACHLAND HOMES CORP 0222.1710000 1,122.19 Errors SAUSSIE PIG THE 02222010000 1,229.61 Errors RIVERSIDE. FAMILY DENTAL PA 0222379 6000 98.67 Errors COOP VERO BEACH LLC MORI MACKENZIE 0272469 OD00 42.85 Errors HORNERXPRESS VERO BEACH INC 027.24880000 737.48 Errors A GIRL WITH A TRACTOR INC 0222498 0000 19.62 Errors GHO HOMES 02225070000 119.22 Errors 17 INDIAN RIVER COUNTY RECYCLERS LLC 0222575 0000 19,60 Errors TREASURE COAST CARDIOVASCULAR INSTITUTE INC 0222672 0000 19.63 Errors SNAPPER CREEK ENTERPRISES 02229780000 (8j129.38) Errors Grand Total - Errors 525,263.10 LUMBER LIQUIDATORS INC 02225370000 3,030.78 Double Assessments Grand Total - Double Assessments 3,030.78 SEBASTIAN CORNERS RE"TAIL. CENTER LLC 30-38.21-00001-0000-00027/0 8,478.22 insolvencies CITY OF SEBASTIAN 3.139-07-00000-3000-00006%0 775.57 Insolvencles INDIAN RIVER COUNTY 3239-06-00001.0080-00001/0 761.58 Insolvencies INDIAN RIVER COUNTY 32-39.17-00001-0130.0000110 103.84 Insolvencies INDIAN RIVER COUNTY 32-39.17.00001-0130-0000211 115.10 insolvencies POKER ERNESTINC' 32-39-22-00002-0030-00007/0 149.61 Insolvencles STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-39-03.99999.0000-0000110 19.78 insolvencies STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-39.03-99999.0000-0000510 104.30 Insolvencies KELLY MARGARET DENISE 33-39-25.CO006-0040-00019/0 336.65 Insolvencies Grand Total - Insolvencies 10,844.65 KASHI CHURCH FOUNDATION INC 30-38-00-00001.0280-0007614 10.92 Under Minimum DENTON ROBERT JR' and JEANETTE M 30-38-21-00001-0000-00009/0 1.00 Under Minimum ROSELAND UNITED METHODIST CHURCH INC 30-38-21-00005.0080-00001/0 1.00 Under Minimum ROSELAND UNITED METHODISTCHURCH 30-38-21.00005-0090.00004/0 1.00 Under Minimum ROSELAND UNITED METHODIST CHURCH INC 30-38-21.00005-01.00-00006/0 1.00 Under Minimum ROSELAND UNITED METHODIST CHURCH INC 30.38-21-00005-0120-DOOOI/O I,00 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31.37-00-00001-0366-0000110 29.00 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00.00001'-0568.00001/0 29.00 Under Minimum Ft. AT; CITRUS PROP OWNRS ASSOC 31-37-00-00001-0625-00001/0 29-00 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0677-00001/0 =19.00 Under Minimum NEW SETHEL AME CHURCH 31.3700-00004.0020-00001/0 29.00 Under Minimum MT OLIVE MISSIONARY BAPTIST" CHURCH 31-37-00 00004-0030-00073/0 29.00 Under Minimum MT OLIVE MISSIONARY BAPTIST CHURCH 31-37-00D0004-0030-00074/0 29.00 Under Minimum FELLSMERE CHURCH OF GOD (TRSi 31-37-00.00009-0820.00001/0 29.00 Under Minimum REDLANDS CHRISTIAN MIGRANT ASSOCIATION INC 31-37-00-00009.0830-0001.6/0 29.00 Under Minimum JOURNIGAN HORACE (TRS) & FIRST BAPTIST CH Or FELLSMERE 31-37-00.00009.1160.00012/0 29.00 Under Minimum CITY OF FELLSb5ERE 31-37-00-00013-0000-00000/3 29.00 Under Minimum FISCHER HENRY ANTHONY 31-38-14-00000.5000.00003/0 23.32 Under Minimum UNITED STATES OF AMERICA C/O FISH & WILDLIFE SERVICE 31-39.03-00000.0030-00003/0 29.32 Under Minimum SEBASTIAN METHODIST CHURCH INC 31-39.06.00000.0040-00025/0 19.43 Under Minimum CITY OF SEBAST"IAN 3139-06.00003.0010-00001/2 7.08 Under Minimum SEBASTIAN METHODIST CHURCH INC 31-39-06-00005-0010-00004/0 25.12 Under Minimum SEBASTIAN METHODIST CHURCH INC 31.39-06-00005.0010-00005/0 23.55 Under Minimum SEBASTIAN UNITED METHODIST CHURCH 31.39-06.00005-0030-00001/0 21.31 Under Minimum SEBASTIAN UNITED METHODIST CHURCH 31.39-06.00005.0030-0000210. 21.55 Under Minimum SEBASTIAN UNFFED METHODIST CHURCH 31-39-06-00005.0030-00003/0 21.16 Under Minimum SEBASTIAN UMC 31.39-06-00010.0000-00008/0' 24.44 Under Minimum SEBASTIAN UNITED METHODIST CHURCH 31-39=06.00010.0000.00012/0 26.69 Under Minimum INDIAN RIVER COUNTY 31-39-06-00017-0010-00013/1 3.1S Under Minimum MOTIVA ENTERPRISES LLC 31-39.06.00020-0060-00001/1 0.17 Under Minimum SMITH PEGGY LEE. & 31.39-20.00000-7000.00004/2 16.32 Under Minimum BOOS -GMC SEBASTIAN LLC C/O BOOS DEV GROUP INC 31.39-20.00007.0000.00000/2 0.91 Under Minimum MARSH ISLAND DEVELOPMENT COMPANY LEC 31-39-27-00006.0000-00001/.0 0.33 Under Minimum W WABASSOCEMETERY ASSOC INC C/O INES TERRELL 31.39729-00000.3000-00001/0 19.78 Under Minimum ABT MICHAEL C and TAFFI ` 31-39-30.00001.000000001/0 16,50 Under Minimum ABT MICHAEL C and TAFF] ' 31-39-30-00.001-0000-00002/0 16.50 Under Minimum INDIAN RIVER COUNTY 31-39-3000002.0000.00000/3 4,60 Under Minimum RO-ED CORP 32-38-08-00000100000001/1 1.58 Under Minimum LATOUR JORGE A and CONSUELO P 32.38-13-00000-5000-00001/0 16.50 Under Minimum BENT PINE GOLF CLI iB INC 32-39-1S-00000-300000011/2 18.50 Under Minimum BENT PINE GOLF CLUB INC 32-39-16-00000-1000-00015/1 18.50 Under Minimum BENT PINE GOLF CLUB INC 32.39-i6-0(`0001000-00015/2 18.50 Under Minimum INDIAN RIVER COUNTY 32-39-17.00002.0010-00010/0 18,50 Under Minimum INDIAN RIVER COUNTY 32-39.17-00002-0010-00013/0 18.50 Under Minimum INDIAN RIVER COUNTY 32-39-17-00002.0010-00014/0 18.50 Under Minimum INDIAN RIVER COUNTY 3239.17.00002.0010.0D0i5/0 18.50 Under Minimum INDIAN RIVER COUNTY 32-39-17.00007.0010.00016/0 18-50 Under Minimum PROVIDENCE POINTE VERO BEACH LLC 32-39-20.00001-0030-00003/0 18.50 Under Minimum AS OF ST PETERS MISSIONARY BAPTIST C-URCH 32.39-26.00000.300000048/0 25.00 Under Minimum APOSTOLIC FAITH REVIVAL CENTER 32.39-26-00002.0130-0000310 25.00 Und=er Minimum INDIAN RIVER COUNTY 32.39-26-00003.0180-00009/0 25,00 Under Minimum APOSTOLIC FAITH REVIVAL CENTER 32-39-26-00004.0200-00001/0 25,00 Under Minimum APOSTOLIC FAITH REViVALCENTER 32-39-26-00004-0200-00002/0 25.00 Under Minimum iNDIAN RIVER COUNTY 32-39-25-00005.0020.0000310 20.00 Under Minimum RIVERFRONI" GROVES INC 32-39-26.00006-0000-00025/0 25.00 Under Minimum SUN AVIATION INC ;LESS) 32-39-26-00011.0060-00001/1 18.50 Under Minimum INDIAN RIVER COUNTY 32-39-27-00003.0000 00034/0 18.50 Under Minimum INDIAN RIVER COUNTY 32-39-33.00004-0000-0000011 18.50 Under Minimum KINGDOM HARVEST INC 32-39.35.00007-0030-00006/0 18.50 Under Minimum VISTA HARBOR 32.39.36-00011.0130-0000015 18,50 Under Minimum VISTA HARBOR 32-39-3600011-0140.00000/5 18.50 Under (Minimum VISTA HARBOR 32-39.36.00011.0150-0000015 IS.SO Under Minimum VISTA HARBOR 32-39.36-00011-0160-00000/5 18.50 Under Minimum VISTA HARBOR 32-39-3600011-0170-00000/5 18,50 Under Minimum VISTA HARBOR 32=39-36.00011.0180.00000/5 18.50 Under Minimum VISTA HARBOR 32-39.36-00011.0190-00000/5 18.50 tinder Minimum VISTA HARBOR 32-39.36-00011-0200-00000/5 18.50 Under Minimum CITY OF VERO BEACH RIVERSIDE PARK 32-40-31-00000.0020-00001/2 27,50 Under Minimum VISTA HARBOR 32.40-31-00010.0010-00000/5 18.50 Under Minimum VISTA HARBOR 32.40.31.00010.0020-00000/5 18.50 Under Minimum VISTA HARBOR 32-40-31-00010.0030-00000/5 18.50 Under Minimum VISTA HARBOR 32-4031-00010.0040-00000/5 .18.50 Under Minimum VISTA HARBOR 32-40-31-OD010-0050-00000/5 18.50 Under Minimum VISTA HARBOR 32-40.31-00010.0060-00000,15 18.50 Under Minimum VISTA HARBOR 32-40-31-00010.0070-00000/5 38.50 Under Minimum VISTA HARBOR APTBLDG 32.40-31-00010.0080-00000iS 18.50 Under Minimum VISTA I4ARBOR APT BLDG 32-40-3.1.00010.0090-00000/5 18.50 Under Minimum VISTA HARBOR APT BLDG 12-40-31-00010-0100-0000015 38-50 Under Minimum VISTA HARBOR 32-40.31-00OW-0110.00000/5 18.50 Under Minimum VISTA HARBOR 32-40-31-00010.0120.00000/5 18-50 Under Minimum VISTA HARBOR 32-40-3.1.00010-0210,00000/5 18.SO Under Minimum R & H DEVELOPMENT CORP C/O ROBERT E GRIFFIN 32-40-31-00014.0000-00000/1 18.50 Under Minimum CAIN & BRANIGAN 32-4031-00016.0000-00000/1 18.50 Under Minimum ROYAL PALM POINT E OF VERO BEACH CONDO ASSOC INC C/O AR CHOICE MGMT 32-4031-00017-0000-00000/3 18.50 Under Minimum ESCO LYNN (TAS) & FRO MARGARET BELCHER TRUST 33-37.14-00000.3000-00002/0 24,14 Under Minimum BELCHER E N 1R (ETAL) C/01EWEL BELCHER 33.37-23.00000.7000-00002/0 14.85 Under Minimum FOUNTAIN JOHN N 1R C/O TELETHIA D SZUBA (PL GRDN) 33-38.03-00002-0010-00009/0 18.50 Under Minimum PRIMA VISTA CORP 33-38-03.00002-0030-00008/0 18,50 Under Minimum PRIMA VISTA CORPORATION ` 33.38-03-00002-0030-00019/0 18.50 Under Minimum PARADISE CENTRAL CORP 33-38-03.00002.01.70-00013/1 18.50 Under Minimum SOUTHERN CLASSIC HOMES LLC C/O BURGOON BERGER/ACCTING DEP 33.38-12-00002.0000-00045/1 18.50 Under Minimum MENTAL HEALTH ASSOC IN IRC INC 33.39-01-00005.0010-00012/1 18.50 Under Minimum FIRSTPRESBYTERIAN CHURCH OF VERO BEACH FL INC 33.39-01.00005.0310-00011/0 .18.SO Under Minimum MASCHME:YER PROPERTIES 1400 LLC 33.39-01-00047.0040-000201'1 18,50 Under Minimum FELIX POPPELL. POST39 DEPT OF FL AMERICAN LEGION INC 33-39-01-00047-0200-00009/0 18.50 Under Minimum ROYAL PARD CONDO ASSN BLDG E 33.39 -01 -OC -052-0050-00000/5 18.50 Under Minimum ROYAL PARK CONDO ASSN BLDG W 33-39-01-00052.0100-00000/5 18-50 Under Minimum ST VINCENT DE PAUL SOC IRC INC 33-39-02-00000.7000-00005/0 18.50 Under Minimum ST VINCENT DE PAUL SOC IRC INC 33-39-02000007DOC-00006/0 18.50 Under Minimum COMMUNITY CHURCH OF VERO BEACH INC 33-3902-00001-0240-00003/0 18.50 Under Minimum THE COM-VUNIlY CHURCH OF VERO BEACH FLORIDA INC 33-39-02-40001-0240-00004/0 18.50 Under Minimum FIRST BAPTIST CHURCH OF VERO BEACH INC 33-39-02-00001.0280-0000310 18"50 Under Minimum FIRST BAP T IST CHURCH OF VERO BEACH INC 33-3902-00001-0300-0001410 1850 Under Minimum COMMUNITY CHURCH OF VERO BEACH 33.39-02"00001-039000001/0 18:50 Under Minimum COMMUNITY CHURCH OF VERO BEACH 33-39"0200001-0390-0000310 18.50 Under Minimum FIRST UNITED METHODIST CHURCH OF VERO BEACH INC 33-39-02-00001-0390-00008%0 18.50 Under Minimum FIRST UNITED METHODIST CHURCH OF VERO BEACH INC 33-39.02.00001-0390.00010/0 18,50 Under Minimum COMMUNITY CHURCH OF VERO BEACH 33-39.02.00001-0390-00011/0 18,50 Under Minimum COMMUNITY CHURCH OF VERO BEACH 33-39-02-00001-0390-00012/0 18.50 Under Minimum COMMUNITY CHURCH OF VERO BEACH 33-39-02-00001.0390-00013/0 18"50 Under Minimum FIRST ME"THODISTCHURCH OF VERO BEACH INC 33-3902-00001-0420-00003/0 18.50 Under Minimum FIRST UNITED METHODIST CHURCH 33-39-02=00001-0420-00004/0 18.50 Under Minimum FIRST UNITED METHODIST CHURCH 33.39-02.00001.0420-00006,10 18,50 Under Minimum FIRST UNITED METHODIST CHURCH OF VERO BEACH INC 33.39.02-00001.0420-00010/0 18.50 Under Minimum FIRST METHODIST CHURCH OF VERO BEAC14 INC 33.39-02.00001.0430.0000310 18.50 Under Minimum FIRST METHODIST CHURCH OF VERO BEACH INC 33-39-02.00001.0430-00004,10 18.50 Under Minimum FIRST METHODIST CHURCH OF VERO BEACH INC 33.39.02-00001-0430-00007/0 18,50 Under Minimum GERALD M BARBARITO (BISHOP)OF THE. DIOCESE OF PALM BEACH ATTN REAL ESTATE 33-39-02-00004-0120-00001%0 I8.50 Under Minimum VERO BEACH THEATRE GUILD "INC 33-39.02-00005.0350.00003/O I&SO Under Minimum ST FRANCIS MANOR INC 33-39-02.00008-0010-00007,10 18,50 Under Minimum ST FRANCIS MANOR INC 33-39-02-00008.004000008/0 18.50 Under Minimum FOR KIDS ONLY OF VERO BEACH INC 33-39-02-00.011-0000-0003010 18.50 Under Minimum EVANGELICAL COVENANT CHURCH OF VERO BEACH Ft INC 33.39-02-000160010-00001/1 18150 Under Minimum EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC 33-39-02-00016-0010.00001/2 18.50 Under Minimum EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC 33-39-02-00016.0010-00011/0 18.50 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00007,10 18.50 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-000100030-00009,10 18.50 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03"00010-0030-00010/0 18-50 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030.0003210 18,50 Under Minimum 19 VERO BEACH CHURCH OF -CHRIST INC VERO BEACH CHURCH OF CHRIST INC_ VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CIiRIST INC. VERO. BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC CHANDLER ERNEST 5 & DIAZ MARIO"and RAQUEL SOWELL.BROADUS F and PATRICIA B UNITARIAN UNIVERSALIST FELLOWSHIP OF VERO BEACH INC SANDALWOOD OF. VERO HOA INC C/O 1 MCHUGH FIRST CHURCH OF THE. NAZARENE INC FIRST CHURCH OF THE NAZARENE INC FIRST CHURCH OF THE NAZARENE INC PIONEER BAPTIST CHURCH OF VERO BEACH INC CARINI EUGENE '' and OLIVE B TEMPLE BETH SHALOM OF VERO BEACH INC ENRIQUEZ PEDRO and TERESA GHO SERENOA CORP TREASURE COAST COMMUNITY HEALTH INC HARBOUR SIDE YAC HT CLUB INC' INDIAN RIVER LAND TRUST INC & EUROPEAN KITCHEN SINK & BATH OUTLE F LLC 33739.03.00010-0030-0001610 18.50 33-39-03-00010-0030-00017/0 .18.50 33.39-03.00010-0030.00019!0 1850 33-39.03.00010.0030.0002110 18.50 33.39.03-07010-0040-0000.1/0 18.50 33-39-03-00010-0040-00006/0 18.50 3339-03-00010-0040.00008/0 18.50 33-39-03.00010.0040-00009/0 18.50 33-39.03-00010.0040.00011/0 18.50 33.3903-00010-0040.00016/0 18.50 33.39-03.00010-0040-00020/0 18.S0 33-39.04.00001-0020-0000811 18.50 33.39.10-00001-0070-00003/0 18.50 33-39.10-00001-0070-00009/2 18-50 33-39-10-00003-0010.00003/0 18.50 33-39-10-00030.0080-00001/0 18.50 33-.39-11.00014.0020-00004/0 18 -SO 33-39.11-00014-0020-00016/0 18.50 33-39-11-00014-0020-00018/0 18.50 33-39-13-00022-0000-00002/0 18.50 33-39-15.00001-0080-00019/0 18:50 .33-39-16-00001-0090-00010/1 18.50 33-39-18-00001-0050-00004/0 18.50 33-39-24.00025-0010-00029/0 18.50 33-39-260000.1-0010.00002/1 18.50 33-40-28-00005-0000-00000/1 10.00 33-40-31-00005-0010-00001/0 24.00 0217535 0000 13.33 Grand Total - Under Minimum 2,890.55 Grand Total- Discounts 10,052,530.62 GrandTotal- Errors, Insolvencies, Under Minimum & Discounts 10,594,559.70 Under Minimum Under Minimum Under Minimum Under Minimum ,Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum. Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Discounts 20 To Tax Collectors: INSTRUCTIONS 505 R. 05117 1. Use this for the last sheet on your report of discounts, errors, double assessments, and insolvencies. 2. Do not list any item without showing the reason for reduction in the right-hand column. 3. As much as possible, group together all items coming under one heading., For instance, place all errors under one heading, all double assessments under another, exemptions under another, etc. 4. For exemptions, specify whether widow, veteran, homestead, disability, etc. Tax Collector Recapitulation I, Carole Jean Jordan , Tax Collector of Indian River County, Florida, certify this is a report of all discounts, errors, double assessments, insolvencies, and federal bankruptcies on the assessment roll for 2017 ; that the discounts were actually earned for the month as shown; that the attached list shows all errors and double assessments as the property appraiser certified; that I have allowed no exemptions, other than those the attached list shows as certified by the property appraiser; that each item marked insolvent on the attached list is in fact insolvent and, although I have made a diligent search, I have been unable to find the tangible personal property to levy on to enforce the payment of the tax; and that I. have not collected any of the items on the attached list. I am entitled to credit against the 2017 assessment roll on the following amounts: Signature(/Tax Collector Discounts 10,052,530.62 Errors 525,263.10 Double Assessments 3,030.78 Insolvencies 10,844.65 Federal Bankruptcies 0.00 Other: (specify) Under minimum 2,890.55 Total 10,594,559.70 Indian River 07/10/2018 County Date 21 Y(�, CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: July 5, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator THROUGH: Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: I Adoption of Revised Purchasing Manual BACKGROUND: Indian River County Code Chapter 105 details Purchasing procedures and limits, and specifically establishes the County Administrator's purchasing authority. Other local purchasing thresholds and policies are established under the County Administrator's authority and detailed in the Purchasing Manual, as required by County Code Section 105.06. The Purchasing Manual is reviewed at least annually and updated as needed. Staff has identified several modifications to the Purchasing Manual to enhance the efficiency and oversight of our procurement processes. INFORMATIONAL CHANGES: The current $1,000 threshold above which a minimum of three quotes are required has been in place since at least 1990. With the increase in pricing for materials and labor over the last decade, as well as normal inflation, the minimum requirement for quotes has become a hindrance to.efficient procurement of goods and services. The Purchasing Division is asked frequently to waive the requirement for quotes (but often after department staff time has been expended contacting vendors in the diligent effort to obtain quotes). As such, the County Administrator has approved a modification to the Purchasing Manual to increase the quote threshold from $1,000 to $3,500. In addition to this threshold change, other modifications made to the Purchasing Manual include: ✓ General clarification and restructuring of sections for ease of reference ✓ Addition of supplemental internal control procedures ✓ Clarified description of some Purchase Order Exempt items ✓ Added the requirement for department heads to authorize any requested increase to purchase orders, prior to consideration by Budget ✓ Streamlined and clarified the emergency procurement process ✓ Updated the process for departments to obtain formal bid numbers ✓ Added reference to an additional online bidding platform that may be utilized by the County ✓ Clarified what source dictates official time of receipt for bids ✓ Eliminated redundant text regarding bid package preparation ✓ Included text to match bid documents regarding withdrawal of bids and authorization to negotiate when less than two bids are received ✓ Defined instances where purchase orders may be used in place of work orders for contracts 0* CONSENT ✓ Added procedures regarding solicitation and receipt of public-private partnership proposals CHANGES REQUIRING BOARD AUTHORIZATION: On October 3, 2000, the Board approved the establishment Purchasing Card Policy, which is administered by the Office of Management and Budget, with the most recent revision approved by the Board on August 22, 2006. For consistency, staff recommends the Board authorize the incorporation of the Purchasing Card Policy into the Purchasing Manual, as the authorities provided by it fall within the County Administrator's purchasing authority. The following modifications have been made to the Purchasing Card Policy: ✓ Streamlining of text to meet the format of the Purchasing Manual ✓ Clarification of prohibited use of cards and consequences, as applicable ✓ Modification of telephone orders section to reflect online purchases RECOMMENDATION Staff recommends the Board note their concurrence with the changes to the Purchasing Manual and approve of the inclusion of the updated Purchasing Card Policy within the Purchasing Manual. These changes will be effective immediately. ATTACHMENTS: Proposed Changes to Purchasing Manual 23 Purchasing Manual yN``R c 0 O ✓� '� ORIW' 1 Indian River County '.Board of, County Commissioners } i Record of Changes Approved by the Board of County Commissioners, Current Version Effective October 2, 2012. Revised November 19, 2012, January 9, 2013, February 11, 2014, October 14, 2014, December 8, 2015 Current Revision Approved March 15, 2016 Approve Purchasing Division 1800 27th Street Vero Beach, FL 32960 (772) 226-1416 Purchasing@ircgov.com 24 TABLE OF CONTENTS 1. GENERAL INFORMATION.........................................................................................................1 1.1 INTRODUCTION...............................................................................................................1 1.2 PURCHASING OVERVIEW................................................................................................1 1.3 GENERAL PROVISIONS, PURPOSES AND APPLICATION..................................................1 1.4 PURCHASING DEFINITIONS.............................................................................................4 1.5 AUTHORITY OF THE PURCHASING MANAGER................................................................ 6 2. REQUISITION GUIDELINES........................................................................................................7 2.1 AUTHORITY..................................................................................................................... 7 2.2 PURCHASE REQUISITIONS...............................................................................................7 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD ................................... 7 2.4 NEW VENDORS....................:...........................................................................................7 2.5 PURCHASE REQUISITION/ORDER EXEMPTIONS.............................................................9 2.6 ONLINE PURCHASES......................................................................................................10 3. PURCHASES NOT REQUIRING COMPETITIVE SELECTION.......................................................12 3.1 BELOW THE MANDATORY BID THRESHOLD.................................................................12 3.2 SOLE SOURCE AND SOLE BRAND PROCUREMENT........................................................12 3.3 COOPERATIVE PURCHASING THROUGH OTHER GOVERNMENTAL CONTRACTS ("PIGGYBACKING')........................................................................................................13 3.4 EMERGENCY PROCUREMENTS......................................................................................13 3.5 PROCUREMENT PURSUANT TO EXISTING ANNUAL TERM CONTRACTS .......................14 3.6 BLANKET PURCHASE ORDERS.......................................................................................15 4. COMPETETIVE SELECTION - BIDS..........................................................................................16 4.1 AT OR ABOVE THE MANDATORY BID THRESHOLD.......................................................16 4.2 BIDDING PROCEDURES.................................................................................................16 4.3 AWARD..........................................................................................................................18 4.4 ADDITIONAL REQUIREMENTS FOR CONSTRUCTION AND PUBLIC WORKS CONTRACTS19 4.5 WORK ORDERS/AUTHORIZATIONS...............................................................................22 4.6 CHANGE ORDERS ................... :...................................................................................... 22 5. COMPETITIVE SELECTION - RFP/RFQ....................................................................................24 5.1 REQUEST FOR PROPOSAL (RFP).................................................................................... 24 5.2 REQUEST FOR QUALIFICATIONS (RFQ).........................................................................25 5.3 RANKING OF FIRMS IN RFP AND RFQ PROCESS............................................................26 5.4 PROPOSALS FOR PUBLIC-PRIVATE PARTNERSHIP (P3) .................................................27 6. SUMMARY OF PROCUREMENT..............................................................................................27 7. PROTEST PROCEDURE............................................................................................................29 7.1 RESOLUTION OF PROTESTS...........................................................................................29 8. EXCESS/SURPLUS ASSET DISPOSITION...................................................................................30 9. PURCHASING CARD PROGRAM..............................................................................................31 9.1 AUTHORIZATION.............................................................................................................. 31 9.2 RESPONSIBILITIES............................................................................................................31 9.3 PROCEDURES: ............................................................................................................... 33 25 1. GENERAL INFORMATION 1.1 INTRODUCTION The purpose of this manual is to set forth and implement policies and procedures governing the procurement of commodities and services. It iS S49ROly Fe me^d'^d- that aAII personnel charged with responsibility for procuring commodities and services become be thoroughly familiar with the policies and procedures set forth herein. 1.2 PURCHASING OVERVIEW Procurement is regulated by this marival, the Indian River County Code and, to the extent applicable, state and federal statutes. ii The Board of County Commissioners. (Board) has delegated limited authority to procure commodities and services to the PurehaSi g ManageF the County Administrator, and through his authorized delegation, the Purchasing Manager. Any procurement in excess of the authority of the County Administrator, shall be approved by the Board. The County Attorney shall serve as legal counsel and provide legal services with respect to procurement matters. 1.3 GENERAL PROVISIONS, PURPOSES AND APPLICATION A. Authority. Pursuant to chapter 105 of the Indian River County Code of Ordinances, the policies and procedures set forth herein have been promulgated by the County Administrator, and approved by the Board. B. Short Title. These policies and procedures shall be known and may be cited as the "Indian River County Purchasing Manual-" or "Purchasing Manual." C. Application of This Manual. 1. General Application. This manual shall apply only to procurement transactions solicited or entered into after the effective date of the manual. 2. Application to Procurement. This manual shall apply to all procurement transactions by the County, irrespective of the source of funds. The use of state or federal grants or funds shall not exempt compliance with the requirements of this manual, unless 26 specifically provided within a grant or funding agreement approved by the Board, or by applicable state or federal law. 3. Dependent Special Districts. This manual shall apply to procurement transactions solicited or entered into by the County on behalf of dependent special districts. 4. Revisions. The Purchasing Manager shall review this manual on an annual basis to determine if revisions are needed. Revisions may be made at the direction of the County Administrator upon recommendation of the Purchasing Manager. Any substantial and material revisions shall be approved by the Board. D. Waiver of Requirements of the Manual. The Board may waive the requirements of this manual when it is in the best interests of the County to do so. This waiver may be made before or after completion of the procurement transaction. E. Waiver of Technicalities and Irregularities. The Board may waive any technicalities or irregularities relating to compliance with the requirements of this manual when it .is in the best interests of the County to do so. This waiver may be made before or after completion of the procurement transaction. F. Limited Authority of the Purchasing Manager. The Purchasing Manager shall be authorized to procure commodities and services up to $25,000, without competitive selection, unless otherwise required by applicable state or federal law; provided, however, that nothing herein shall require the Purchasing Manager to exercise such authority. G. Limited Authority of the County Administrator. The County Administrator shall be authorized to procure commodities and services up to $50,000, without competitive selection, unless otherwise required by applicable state or federal law; provided, however, that nothing herein shall require the County Administrator to exercise such authority. The County Administrator is authorized to procure planning or study activity services obtained pursuant to the Consultants' Competitive.Negotiation Act, F.S. 287.055 up to $25,000. H. Indemnification. All contracts for services or public works projects (other than construction contracts), and any other contracts deemed necessary by the County Administrator or the Board, shall provide that the contractor or vendor shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the contractor (or vendor), or its employees, agents, subcontractors, or other persons or entities performing work under the contract. CONSTRUCTION CONTRACTS SHALL INCLUDE THE INDEMNIFICATION PROVISION SET FORTH IN SECTION 4.4 BELOW. I. Insurance Requirements. Contracts shall contain requirements for the protection of the County through sufficient insurance as specified by the Risk Management Division, which shall approve the insurance requirements contained in the bid documents. Upon award, the Risk 27 Management Division shall review certificates of insurance, approving those which comply with the requirements of the bid documents., Non -approved certificates of insurance shall be returned to the Purchasing Division with a statement of the reasons for non -approval and instructions on how the certificate may be corrected. Insurance requirements shall be met prior to final execution of the contract by the Chairman of the Board, or the County Administrator or the Purchasing Manager. The Originating Department, Purchasing Division and the Risk Management Division shall not allow any contract to continue without proper. insurance in effect. Work to be authorized by purchase order must also meet the insurance requirements dictated by the Administrative Policy and Risk Management. J. Bid Bond. A bid bond or alternative bid security must accompany each bid exceeding $25,000, unless such requirement is waived by the County. A bid bond must be properly executed by the bidder and by a qualified surety. Alternative bid security must be in the form of a certified check or cashier's check issued by a bank authorized to do business in the' State of Florida. The bid bond or security shall be in the amount of not less than five percent (5%) of the total amount of the bid, and shall be payable to the Indian River County Board of County Commissioners. Any failure or refusal by the bidder to honor the bid after opening shall be deemed to be a breach of the bidder's obligations. In such event, the bid bond or security shall be immediately payable to the County as liquidated damages, and not as a penalty. Failure to supply the required bid bond, or security at the time of the bid opening shall automatically disqualify the bidder as non-responsive to the bid requirements. K. Sole Discretion. Any decision, waiver, exercise of judgment or interpretation required or permitted by this manual, or the application of this manual, by the County or any County official shall be deemed to be made in the sole and absolute discretion of the County or the official, and shall be final and binding upon all affected parties. L. Contract Renewal or Extension. Renewal or extension of any contract shall be at the sole discretion of the County. No supplier of commodities or services shall have a legal right to renewal or extension of any contract. M. Contracts or Purchase Orders Entered into in Violation of this Manual. Any contract, purchase order or other commitment entered into by a County employee or department in violation of this manual shall be null and void; provided, however, that the Board may waive the requirements of this manual, or any technicalities or irregularities relating to compliance with the requirements of this manual, when it is in the best interests of the County to do so. N. Nondiscrimination, Equal Employment Opportunity and Americans with Disabilities Act. Indian River County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. 0. Ethics and Conflict of Interest. All County employees involved in any part of the procurement process are required to act in an ethical manner. Local policies addressing such practices may be found in the Administrative Policy Manual, AM -806.1, Conflicts of Interest/Ethics Code 104.06 (which supplements the requirements of F.S. Chapter 112) and County Code Section 105.08 — Disclosure of Relationships. P. Projects Involving Federal Funding. When a procurement involves federal assistance or the expenditure of federal funds, the procurement and any resulting contract shall be conducted in accordance with any mandatory applicable federal laws and regulations, including 2 C.F.R. §200.318 through 326. Departments are. responsible for defining funding sources when requesting a bid number. Q. Cone of Silence. Potential bidders/respondents and their agents shall must not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to a solicitation. This restriction is effective from the time of bid advertisement until the Board of County Commissioners meets to authorize award. Such communication may result in disqualification [separately modified 1/31/171. 1.4 PURCHASING DEFINITIONS APPLICABLE LAW - Any local, state or federal law which applies to the transaction or issue at hand, as amended from time to time. If any specific statute or local law is cited in this manual, such reference shall be to the statute or local law, as amended from time to time. EMERGENCY - Any circumstance which creates a threat to public health, safety, welfare or property, or may result in substantial loss to the County. The term shall not be limited to officially -declared local, state or federal .emergencies. In the absence of an officially declared state of emergency, the Purchasing Manager (for purchases up to $25,000), the County Administrator or the Board shall determine whether an emergency exists for procurement purposes. h EMERGENCY PROCUREMENT — A procurement transaction necessitated by an emergency where the delay incident to compliance with this manual would be detrimental to the best interests of the County. INVITATION TO BID — A solicitation for fixed pricing to complete specified work or provide specified commodities or services. INVITATION TO NEGOTIATE (ITN) — A solicitation for proposals to determine a best value option to meet a specific goal or address a specific problem. The solicitation seeks one or more respondents with whom the County will negotiate for the procurement of commodities or 29 contractual services. Unless otherwise identified in the individual solicitation, evaluation will be completed as outlined in Section 5.1, however negotiations with multiple firms may be conducted concurrently. MANDATORY BID THRESHOLD — The mandatory bid threshold shall be $25,000. Commodities or services having an estimated value equal to or in excess of the mandatory bid threshold shall be procured through a competitive selection process; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $50,000, without competitive selection, and at his discretion, without three quotes if determined to be in the best interest of the County, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction up to or in excess of $50,000, without competitive selection, unless otherwise required by applicable law. OFFICIAL — Any reference to a county official in this manual — such as the County Administrator, County Attorney, Department Director, Purchasing Manager or Risk Manager — shall include the official, or his or her designee. ORIGINATING DEPARTMENT = The department within the County which originated the request for procurement of a commodity or service. REQUEST FOR INFORMATION (RFI) — A solicitation -of input from interested parties for an upcoming solicitation. This procurement practice used to obtain comments, feedback or reactions from potential suppliers (contractors) prior to the issuing of a solicitation. Generally price or cost is not required. Feedback may include best practices, industry standards, technology issues, etc. REQUEST FOR PROPOSAL (RFP) —A solicitation for proposals to achieve a stated objective. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. RFPs may request a price proposal, to be considered in accordance with the evaluation criteria. (See section 5.1 below). REQUEST FOR QUALIFICATION (RFQ) — A solicitation to professionals to submit a summary of their qualifications to perform a general or specific job or service. If the RFQ is subject to the Consultants' Competitive Negotiation Act, the County shall select no less than three professionals for discussions and, if requested by the County, for presentations. After staff recommendation and approval by the Board, the County shall enter into negotiations for a contract with the most qualified professional(s). RFQs shall be governed by the Consultants' Competitive Negotiation Act, to the extent applicable. (See section 5.2 below). RESPONSIVE BIDDER — A bidder whose bid, proposal or submittal complies in all material respects with the bid invitation or solicitation request, as determined by the County. RESPONSIBLE BIDDER — A bidder who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability that will assure good faith performance, as determined by the County. 30 SERVICES — This term shall generally include all services rendered to the County, except those described in section 287.057(3)(e), Florida Statutes (e.g, legal services, health services, etc). Services described in section 287.057(3)(e), Florida Statutes, may be procured without competitive selection. SOLE SOURCE — The only known vendor reasonably capable of providing a specific commodity or service to the County. SOLE BRAND — The only known brand reasonably capable of fulfilling the specific needs of the County. TECHNICALITY OR IRREGULARITY — An item which is not in compliance with the bid invitation or solicitation request, but which is determined by the County to be immaterial to the substantive terms and conditions of the bid, proposal or submittal. The waiver of a technicality or irregularity shall not result in an unfair advantage or disadvantage to any person responding to the bid invitation or solicitation request. 1.5 AUTHORITY OF THE PURCHASING MANAGER A. Line of Authority. The Purchasing Division is part of the Office of Management and Budget. The Purchasing Manager is directly responsible to the Director of the Office of Management and Budget. Except as otherwise provided in this manual, the Purchasing Manager shall procure or oversee the procurement of all commodities and services for the Board. B. Principal Procurement Officer of the County. The Purchasing Manager shall be the principal procurement officer of the County. C. Operational Procedures. The Purchasing Manager may adopt operational procedures covering the internal functions of the Purchasing Division and delegate rights, powers, and authority vested in him to other Purchasing Division staff. 31 2. REQUISITION, PURCHASE ORDER AND RECEIVING GUIDELINES 2.1 AUTHORITY No County employee has the authority to purchase or commit public funds toward the purchase of commodities or services without first complying with the appropriate requisition and procurement procedures. Purchase Orders will not be issued "after the fact" without sufficient justification and explanation, at the Purchasing Manager` -e+ County Administrator. or Board's discretion. I 2.2 PURCHASE REQUISITIONS All requests for procurement shall start with a properly prepared purchase requisition created in the MUNIS electronic financial software'system. Requisitions must be completely filled out with the proper information, required quotes, documentation, attachments, approvals, account number, and final approval by the Budget Office. Without this information, the requisition shall be rejected and returned to the Originating Department. 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD Purchase requisitions for items valued between $ nnn and $4 ,999 .-hall inel de thFee q ,, tes valued- be-AyeeR $5,090 $3,500 and $25,000 shall include copies of the written quotations received from each of a minimum of three vendors dated within the past 30 days or listing a current expiration date. if the GFiginating PepaFt.me„r does Ret have the ability to attarh ..,.,,.,.e.. The Purchasing Manager may waive the requirement for quotes below the mandatory bid threshold, if determined to be in the best interest of the County. 2.4 REQUISITION ENTRY Requests for purchase orders shall be initiated by entry of an electronic requisition into MUNIS indicating the vendor, item description,! and amount being requested. Requisitions shall also include the following information: A. Dates the blanket purchase order is to be in effect (i.e., start and end dates). 32 B. General description of commodities to be purchased. C. Account number must accurately reflect the item being procured (for example, capital items should be against a capital account; tools should be against expendable tools rather than office supplies). Contact Finance for assistance in adding appropriate accounts. D. Multiple line items are required where more than one account number is to be used. Each account number requires a separate line. E. If a quote is attached showing all items to be purchased are under the $3,500 quote threshold, the entire requisition amount should be entered on a single line to facilitate invoice processing. ; F. Quote numbers and. bid or contract numbers must be referenced in a note that will print on the Purchase Order. G. Requisitions for tires must have a list of fleet vehicles and their respective tire sizes attached. H. Any requisition involving grant funding must have the commodity code (on main page of requisition entry) set to "000 Grant". I. Any requisition involving an operating lease must have the commodity code (main page of requisition entry) set to "001 Operating Lease". 2.5 CHANGE ORDERS If the amount of a purchase order is anticipated to be exceeded, the department shall request authority to increase the amount through their Department Director to the Budget Department. All requests to increase allocation against a Purchase Order (including those associated with bids, Piggybacks and other contracts) must provide an explicit explanation for the overage. Requests for increases to blanket purchase orders must also provide the total amount spent on this good or service from this vendor, as well as all vendors, in the previous fiscal year. If the Budget Department approves the request, the Purchasing Division shall process the change order, up to a maximum total of $25,000 (for purchase orders not associated with a bid, contract, or piggyback, which may exceed the $25,000 threshold). The County Administrator may authorize an increase up to a maximum $50,000 total (on purchase orders not associated with a bid; contract, or Piggyback). For requests requiring the Administrator's approval, a "Purchase Order Increase" form must be prepared by the department and attached to its request to the Budget Office. The Board may authorize increases to Purchase Orders over $50,000. Multiple Purchase Orders may not be issued to the same vendor for the same goods or services to subvert the reauired approvals. 2.6 PURCHASE ORDER AUDITS 33 The Purchasing Division will audit Purchase Orders issued by vendor to ensure compliance with applicable thresholds, approvals and contract terms and pricing. 2 -.42.74€W -V EN DO RS When a new vendor, whether to be paid through PO, Contract or Pay Request is ;^1^ not presently listed in MUNIS, the Originating Department shall provide and submit new vendor information in the form of a W-9 to the Purchasing Division for approval as a vendor. The vendor shall be referenced against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database. If required, the possession of appropriate licensure, and liability and worker's compensation insurance will also be verified. Additional sources may also be reviewed. If approved, the Purchasing Division will forward the W- 9 to the Finance Office of the Clerk of the Circuit Court, who shall enter the vendor information into its records and issue a vendor number which shall be email -4-provided to the Originating Department. Departments should review the vendor information (address, contact name, etc.) for accuracy prior to releasing requisition. Requested changes to vendor addresses must be documented in writing from the vendor and will require either Purchasing or Finance to contact the vendor by telephone for verification. 2-.&2_8PURCHASE REQUISITION/ORDER EXEMPTIONS The following expenditures do not require a purchase requisition or a purchase order, and may be processed on a pay request: 1. Salaries, by position, which were included in the department's annual budget 2. Travel expenses in accordance with the Indian River County Travel Policy ine•„rrneJ in the c;euF a of e,ffie•ial duties fe,r a G-9WRty emple yee'he, it i e 3. Routine overhead such as: water, sewer, natural gas, electrical, telephone and garbage fees 4. Shipping charges, b -Postage and postage meter rentals: does not include mailing or stuffing service 5. Subscriptions_ (print and electronic), subscription renewals and books. This includes the following for libraries: preview materials, standing orders, single sets pre -ordered to be shipped when published. Routine orders of books for libraries are excluded from this exemption. (With +he, ption of 6. Hospital bills and nursing home bills 7. Medical claims, workers' compensation claims, and liability claims as paid from the County's self-insurance funds 8. After school programs, including salaries for teachers, referees, umpires and swim instructors, and food expenses 9. Railroad crossing signal maintenance 10. Legal services 34 11. Newspaper advertisement magazine/agency advertisements 12. Notary public applications 13. Welfare services indigent care (food vouchers, prescriptions) 14. Medical services j 15. Surplus equipment and services acquired from other local, state or federal agencies 16. Application for permits 17. Registration and licensing fees 18. College tuition and/or educational fee and training fees 19. Membership dues; 20. Instructor fees (Up to $3,000 per training event) 21. Title searches/title�insurance 22. Expert witness fee's and/or services; also includes travel in accordance with Florida statutes C 23. Court orders 24. Landfill fees 25. Overnight express mail service 26. Payment of fuel credit cards 27. Rubber stamps 28. Employee business cards Via. Reimbursement to, County employees for the purchase of items intended for County use, when pre -approved prior to purchase by Division or Department Director in writing I CARD [New Section 8 of this manual] 2.9 ONLINE PURCHASES Prior to placing an order from an online vendor, whether by purchasine card or by purchase order departments shall confirm with the Purchasing Division whether a County account has already been established. The Purchasing Division currently oversees online accounts providing tax- exempt and contract -based purchases from vendors such as Office Depot, Staples, Amazon, Lowes, Grainger and Home Depot. Departments should not enroll the County with online accounts without first discussing with the Purchasing Division to prevent duplication of accounts, work with vendors convicted or suspended by the State or Federal izovernment. and to ensure tax exemption and any available discounts are utilized. ' 2.10 ACCEPTANCE OF GOODS When goods are received, the packing slip must be signed by the person accepting or receiving the goods. This documentation must be submitted with the invoice for processing, or with the 35 purchasing card receipt as documentation. If no packing slip is received, the order confirmation may be printed and signed in the same manner as indication of receipt. In cases where a packing slip or order confirmation cannot be provided because the vendor requires the delivery to be confirmed on the invoice itself, the employee receiving the goods must sign in the indicated spot on the invoice to confirm delivery and then forward to a supervisor for approval of payment. The person signing for receipt of the goods may not be the same person approving the invoice for payment. I i 2.11 INVENTORY AND CONTROLS Any goods held as "inventory" or "stock" must be controlled by an inventory management system. This does not apply to rapidly consumed' items, such as office supplies. 2.12 INVOICES Payment can only be made to a vendor from a valid invoice (not a statement, quote, or email). Departments are responsible for ensurinIg vendor invoices include the following information: ✓ Purchase Order Number ✓ Description of the items provided ✓ For equipment parts, indicate a specific fleet or unit number, if applicable The Department must verifv the price and quantity reflected on the invoice is in compliance with the P0; contract and/or quote. Each invoice must be submitted separately for processing, entry in Munis and payment. Signature authorization for payment must be on the invoice itself (not the submitted PO). This does not apply to paV requests. f The Budget Department will audit invoices and General Ledger accounts. 36 3. PURCHASES NOT REQUIRING COMPETITIVE SELECTION 3.1 BELOW THE MANDATORY BID THRESHOLD Purchases below the mandatory bid threshold may be made without competitive selection; however, purchases below the mandatory bid threshold may be made with competitive selection, at the discretion of the Purchasing Manager, the County Administrator or the Board. Quotes are required as detailed in paragraph 2.3. 3.2 SOLE SOURCE AND SOLE BRAND PROCUREMENT A sole source or sole brand purchase Fess than $25,000 may be authorized by the Purchasing Manager after receipt of proper documentation from the Originating Department in the form of a completed sole source/sole brand memorandum and documentation verifying that a good faith review of available sources or brands has been completed. A record of the sole source or sole brand request shall be maintained by attachment of the completed documentation in the MUNIS requisition file. A sole source or sole brand purchase up to $50,000 may be approved by the County Administrator. Any request in excess of $50,000, shall be fe-FyOarded- to the Pwreha iRg Divisien f^� r-hrAil;,; submitted to the Board for approval. A sole source procurement involving contracts or purchase of materials for the construction, modification, alteration, or repair of any publicly owned facility shall be governed by Florida. Statute 255.04, which generally provides that the County may not specify the use of materials or systems by a sole source, unless the' Board, after consideration of all available alternatives materials and systems, determines that the specification of the sole source is justifiable based upon its cost or interchangeability, and the sole source specification has been recommended by the architect or engineer of record. Documentation of the Board's determination and supporting justification shall be maintained in the bid or requisition file. For a commodity or service to be deemed a sole source or sole brand procurement, the department must submit appropriate documentation, which shall include both correspondence from the manufacturer or vendor (dated within the past 12 months) asserting its status as sole source or sole brand and a completed sole source/sole brand memorandum, documenting at least one of the following: A. This is the only known vendor or manufacturer reasonably capable of providing a specific commodity or service to the County. 37 B. This is the only known brand reasonably capable of fulfilling the specific needs of the County C. The required commodities or services are sold only through an authorized dealer that serves Indian River County and no other dealer or distributor may sell within this geographical. area. To verify the vendor/manufacturer's statement, the Purchasing Division may post a notice on Demandstar or similar service, declaring' the County's intent to award a sole source purchase and enabling other vendors to challenge that designation. This notification ensures due diligence has been taken in determining sole source/sole brand status. 3.3 COOPERATIVE PURCHASING THROUGH OTHER GOVERNMENTAL CONTRACTS ("PIGGYBACKING") i A. Authority to Enter into Pigglyback Contracts. As an alternative to any competitive selection process required by this manual, commodities and services may also be procured through: (1) the use of cooperative purchasing methods utilizing purchase agreements entered into by other governmental or public entities (local, state, federal, public educational, cooperatives, etc) following a valid competitive selection process, or (2) directly from vendors holding a current U.S. General Service's Administration contract. The County shall have the authority to enter into a piggyback contract if both the vendor and the public procurement unit agree and the procurement transaction ;was entered into following a valid competitive selection process. Piggyback purchases shall be allowed without limit for any commodity or service that is included in the current year budget. For items not included in the current year budget, such piggyback purchases shall be approved by the Purchasing Manager (up to $25,000), the County Administrator (up to $50,000), or the Board (up to and in excess of $50,000). B. Authority to Sponsor, etc Cooplerative Purchasing Agreements. The Purchasing Division may sponsor, conduct, administer or participate in cooperative purchasing agreements for the procurement of any commodities or services with one or more other public procurement units. Such cooperative purchasing may include but is not limited to joint or multiple party contracts which are made available to other public procurement units. C. Contract Controversies. Any controversies concerning the award or processing of a contract which has been entered into on'a cooperative: basis shall be resolved under the terms of the original public contract, except as modified by the piggyback contract. 3.4 EMERGENCY PROCUREMENTS When an emergency exists, the Originating Department shall contact the Purchasing Division and provide adequate justification for making an emergency procurement. Any emergency procurement exceeding the $25,000 award authority of the Purchasing Manager shall require the approval of the County Administrator or the Board, along with a written account of the emergency circumstances from the Director of the Originating Department. The Originating Department shall provide a written request to purchasing@ircgov.com including the iustification for the emergency, iproposed vendor, estimated dollar amount. of the procurement and funding account to facilitate the entry of the requisition and assignment of the emergency purchase order number. A formal quote is not required. If an emergency is confirmed, the Purchasing Division shall enter a requisition in MUNIS and assign an emergency purchase order number. . The ClriginatiRgPepaYtmem shall Y;de a WFitteR „s+ ineluding the The Originating Department shall make the purchase of the necessary commodities or services and may be required to update the emergency requisition to reflect the actual description and cost of the commodities or services. The Purchasing Division shall issue a "confirming" purchase order to cover the purchase after receipt of the approved requisition. The Purchasing Manager will forward emergency purchase requests exceeding $25,000 to the County Administrator for his approval. Approved requests exceeding $50,000 will be presented to the Board of County Commissioners for ratification. After Normal Working Hours. The Department Director shall exercise his or her judgment as to the justification for making an emergency procurement. If justified, the Department shall make the written emergency purchase request to the Purchasing Division, which shall prepare a requisition and assign a purchase order number. The Originating Department shall pFepaFe-aR emeFgeney Fn Fand_11•~ -~d deliver its ubmit the written emergency purchase order request to the Purchasing Division on the next working day. 3.5 PROCUREMENT PURSUANT TO EXISTING ANNUAL -TERM CONTRACTS The Purchasing Manager shall issue annual term contracts for commodities and services (up to $25,000) or after approval by the County Administrator (up to $50,000) or the Board (up to or in excess of $50,000). The Purchasing Manager may renew an annual contract for multiple years, one year at a time, subject to satisfactory performance, zero cost increase (or as stated in the original contract), vendor acceptance and the determination that such renewal of the annual contract is in the best interests of the County, and authority for such renewal(s) is set forth in the contract. 39 .. 3.5 PROCUREMENT PURSUANT TO EXISTING ANNUAL -TERM CONTRACTS The Purchasing Manager shall issue annual term contracts for commodities and services (up to $25,000) or after approval by the County Administrator (up to $50,000) or the Board (up to or in excess of $50,000). The Purchasing Manager may renew an annual contract for multiple years, one year at a time, subject to satisfactory performance, zero cost increase (or as stated in the original contract), vendor acceptance and the determination that such renewal of the annual contract is in the best interests of the County, and authority for such renewal(s) is set forth in the contract. 39 3.6 BLANKET PURCHASE ORDERS ,, 894 -A blanket purchase order may be issued for up to $25,000 for the purchase of miscellaneous commodities where the quantity cannot be anticipated or where it is not practical to store all items until they are needed. Single item purchases pursuant to a blanket purchase order may not exceed $3,500A8A. Capital items may not be purchased on blanket POs. Blanket purchase orders issued as a result of a bid or piggyback contract (entered into in accordance with section 3.3), or otherwise approved by the County Administrator (up to $50,000) or the Board (up to or in excess of $50,000), are exempt from the $25,000 limit and the $1, -. .. n pwFehase . Blanket purchase orders shall be effective for up to one year, and only for the fiscal year for which it has been issued. Blanket Purchase orders should be. requested in the full estimated expenditure for the year. 9. Requests f9F blanket PbIF6ha-_;P_ A-FdERFS, Shall be initiated by eRtFy E)f aA 40 ... ..... W. 40 4 4. COMPETETIVE SELECTION — BIDS 4.1 AT OR ABOVE THE MANDATORY BID THRESHOLD The Mandatory Bid Threshold is $25,000. Except as set forth in applicable law or this manual, commodities or services having an estimated value in excess of the mandatory bid threshold shall be procured through competitive sealed_ bidding; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $50,000, without competitive selection, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction in excess of $50,000, without competitive selection, unless otherwise required by applicable law. A procurement transaction shall not be artificially divided so as to circumvent'the mandatory bidding process. 4.2 BIDDING PROCEDURES A. Requisition. Each request for bid number, with the exception of annual bids, must be accompanied by a completed Solicitation Request Form. TThe Originating Department shall enter an electronic requisition in MUNIS, including a description of the commodity or service, estimated cost and identification of any external funding source(s f9F appFeval he Office of Management and Budget will review for availability of funds, and u. Upon receipt of #�e—an approved requisition, the Purchasing Division shall contact the Originating Department and provide a bid number. This number shall be included on all specifications and bid documents. B. Bid Documents. The Originating Department shall provide the Purchasing Division with a copy of specifications and bid documents. The Purchasing Manager shall review the specifications and bid documents to ensure ease of understanding for bidders, that the specifications do not unduly restrict open and free competition, C. Public Notice and Document Release. Public notice of the invitation for bids shall be given a reasonable time prior to the date set forth in the bid documents for the opening of bids. Such notice may include publication in a newspaper of general circulation and posting on the internet on Demandstar, Bidexpress or similar service.- The notice shall provide information on how bid documents may be obtained. D. Addenda. Addenda to the bid documents shall be provided to all bid document holders of record by theOriginatiRg—Depa*neR t#eDeertaF (eF Si; '„�; , through the same distribution method as the original documents. A copy 41 shall be provided to the Purchasing Division for its records. E. Bid Opening. 1. Time of Receipt. Bids must be received by the Purchasing Division no later than the time and date stated in the invitation for bids. Bids offered or received after this time shall not be considered. The time stamp in the Purchasing Division used to log receipt of bids will serve as the official clock for bid receipt. Any bid stamped beyond the proscribed hour, minute and zero seconds will be considered late. F. Public Bid Opening. All timely received bids shall be publicly opened by the Purchasing Manager in the presence of one or more witnesses at the time and place stated in the invitation for bids. The Purchasing Division shall retain the original bids on file and remaining copies shall be sent to the Originating Department. G. Bid Acceptance. Bids shall be accepted without alteration or correction, except as authorized in this manual. All bids must be signed either in ink or electronically. H. Bid Review. The Originating Department is responsible for reviewing the bid responses and making a recommendation for award of the bid. Should the low bidder not be recommended, a reason must be stated in the written recommendation for award. I. Verification and References. Prior to award, the Purchasing Division shall reference the low bidder against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database. Provided references PFGYide4—shaII be verified at the discretion and/or request of the Originating Department. Additional sources may also be reviewed to aid in determining if the bidder is responsible. J. Correction, Cancellation or Withdrawal of Bids. 1. Correction of Bids. a. Correction of Mathematical Errors Prior to Award. Errors in addition or multiplication of unit prices or in other mathematical calculations may be corrected by the Director of the Originating Department or Purchasing Manager prior to award. Bids shall be deemed to be amended to the corrected amount. In all cases of errors in mathematical computation, the unit prices shall not be changed. b. Correction of Mathematical Errors after Award. Errors in addition or multiplication of unit prices or in other mathematical calculations identified after award may be corrected only with the approval of the Board, and any correction shall not exceed the amount of the next low bid. 2. Cancellation of Bids. Any time prior to the bid opening date and time, the Purchasing Manager may cancel or postpone the bid opening, or cancel the invitation for bids in its entirety. 42 3. Amendment or Withdrawal of Bids. a. Bid Amendments Prior to Opening. Any bidder may voluntarily withdraw or amend the bid at any time prior to the bid opening in person, or by written notice received by the Purchasing Manager prior to the bid opening. Amendments shall be forwarded to the Purchasing Division prior to bid opening, sealed and identified with the bid number. b. Bid Amendments after Opening. After bid opening, bidders may not amend their bid. Bids shall remain in effect and binding upon the bidder for a period of sixty days, or such other time period specified in the bid documents. C. Withdrawal of Bids. If, within 24 hours after Bids are opened, any bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that bidder may withdraw its bid and bid security will be returned. Thereafter, if the work is rebid, that bidder may be disqualified from further bidding on the work. #: d. Negotiation. If less than two bids are received, the Purchasing Division, on behalf of the Department, may negotiate on the best terms and conditions, prior to recommendation of award. 4.3 AWARD A. Award Authority. A .bid shall be awarded by written notice to the lowest responsible and responsive bidder. Awards not exceeding $25,000 may be awarded by the Purchasing Manager; awards not. exceeding $50,000 may be awarded by the County Administrator; and, awards exceeding $50,000 shall be awarded by the Board. The Board is authorized to waive technicalities and irregularities and to reject any and all bids, or any portion of a bid. After an award is made, the Purchasing Manager shall issue a purchase order or a "Notice of Award" as applicable. If, within 60 days after bids are opened, or within such other time period specified in the bid documents, the bid of the lowest responsible and responsive bidder is withdrawn or not honored, the County may award the bid to the next lowest responsible and responsive bidder. After 60 days or such other time period specified in the bid documents, the Board may award to the next lowest responsible and responsive bidder only if the next lowest responsible and responsive bidder agrees, in writing, to extension of the bid price for the additional period of time. These processes may be repeated until an award is made to a responsible and responsive bidder. B. Tie Bids. If two or more bidders are tied after review by the Originating Department, in accordance with section 287.087 of the Florida Statutes, preference shall be given to the bidder with a Drug Free Workplace Program. In cases where a tie still exists, the Board shall award to the bidder identified as the most responsible bidder based upon any other relevant factors. If a tie still exists, the winning bidder shall be determined by coin flip. The bidder whose 43 response was received first (as indicated on the Purchasing receipt time stamp and associated log) shall be assigned "tails". C. Price Adjustment. Where appropriate, contracts may be awarded with a provision for upward or downward price adjustments, provided such adjustments were part of the bid documents. i D. Cancellation after Award. The Board may cancel a bid award at any time prior to execution of the contract by all parties, including the County. I 4.4 ADDITIONAL REQUIREMENTS FOR CONSTRUCTION AND PUBLIC WORKS CONTRACTS A ---Bid Package Preparation.' A. _. Fer In Heese—°;oTests. Fey—PFOjeetsmanaged ease, the G.r;giRat+eg C),Tg+ratiRg—Department. A complete packet of all bid documents including the original specifications and standardized terms and conditions shall be provided by the Originating Department to the County Attorney for approval. A copy of the bid documents indicating approval by the County Attorney 'shall be forwarded to the Purchasing Division for final review. P. leets. FeF IaFefeetsFnaRaged baa-seRsultaM7 hat the P-1 _hasiRg Division's Public Notice. Bids fer Rr+r,,,.+i,,., „ ddhri,.. ONG p dada+ that ; ted +„ cert w,,,.o +h -an the +hre-Sheldd a.m. A -will be advertised as set forth in Florida Statute 255.0525(2) and Indian River County Code paragraph 105.04., least 5 days PFiGF to any scheduled pFe -bed- eienfereFwe, and (b) se-lie-itatio-As fqF pFejeets Indian R*YeF &)HRty at least 30 days PFi9F W the bid epeRiRg date, and at least 5 dayS PFiEW to any scheduled r e laid- Rfereinee, B. Recommendation for Award. or,aio,.+E 44 -The Purchasing Division's -FespeRsibi4"will review the Originating Department's recommendation for Award and prepare an agenda 44 item for submission to the Board. Should the Originating Department prefer to prepare an Agenda Item due to complexity of the bid, the item shall be routed through the Purchasing Division prior to finalization. If a proposed or sample contract is included in the agenda item, the Originating Department is responsible for routing the proposed contract through the office of the County Attorney. The written recommendation should only request permission for the Board Chairman to execute the contract if the proposed or sample contract is included with the agenda item. A contract must be executed by the other party prior to submission to the Board Chairman to sign.; If a proposed or sample contract is not included in the agenda item, it shall be the Originating Department's responsibility at a later date, to prepare an agenda item requesting execution by the Board Chairman, to route the agenda item for required approvals, and to present the item at a Board meeting. A contract must be executed by the other party prior to submission to the Board Chairman to sign. A copy of the agenda item materials and the executed contract shall be provided to the Purchasing Division for its records. If sed sample c;9RtFacA is not iRelude d in the eRda item. it shall appFgyalsi +ts reeer�s. G. Notice of Award. Upon Board approval, the Purchasing Division shall send aha notice of award to the successful bidder and request submittal of two copies of the contract approved by the Board (if applicable), any required certificate(s) of insurance and bond(s). 4—a pFepesed 9F sample GeptFaet was i; the ageRda item appFeved by the ReaFd, the 45 .. If sed sample c;9RtFacA is not iRelude d in the eRda item. it shall appFgyalsi +ts reeer�s. G. Notice of Award. Upon Board approval, the Purchasing Division shall send aha notice of award to the successful bidder and request submittal of two copies of the contract approved by the Board (if applicable), any required certificate(s) of insurance and bond(s). 4—a pFepesed 9F sample GeptFaet was i; the ageRda item appFeved by the ReaFd, the 45 �C. Certificates of Insurance/Bond(s). Upon receipt of certificate(s) of insurance, bond(s), and contracts executed by the contractor, the Purchasing Division shall submit the certificate(s) of insurance to the County, Risk Manager for approval and the bond(s) to the County Attorney for approval. After approval of the, bond(s), :the Purchasing Division or the contractor shall record the bond(s) in the public irecords, if appropriate, and send copies of the bond(s), certificate(s) of insurance and the original executed contracts to the Originating Department. The Originating Department shall be responsible for proper routing and submission of the contracts for the Board Chairman's signature. D. Notice of Award. Public Construction Bond. 1. Public Construction Bond Required on any Construction Contracts Equal to or in Excess of $100,000. A public construction bond shall be required on any construction or public works contract for a project costing $100,000, or more. Such bond shall be provided by a surety company ;authorized to do business in the State of Florida. An alternative form of security may be provided in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or other form of security permitted by Florida Statute 255.05(7), in a form acceptable to the County Attorney and the County Budget Director. ' 2. Bond Must be Delivered Prior to Issuing Contract Document. If required, a public construction bond or other form of security shall be delivered to the County prior to execution of the contract. All public construction bonds shall be recorded with the Clerk of the Court by the Purchasing Division or the contractor prior to commencement of the project. F--. E. Executed Contract. The Originating Department shall be responsible for returning a fully executed original contract to the vendor and shall prepare and send a notice to proceed to the contractor when appropriate. An electronic copy of the fully -executed agreement shall also be provided to the Purchasing Division for the Bid folder. G. Forfeiting of Bonds. Default by Contractor. All contracts for construction services shall contain a clause providing for termination upon default 'of the contractor and providing that in such cases the surety company shall bear responsibility for the completion of the contract, or if no surety company has provided a performance bond, the County may claim the alternative security and use such funds for the completion of the contract. H. Termination for Convenience. All construction contracts shall contain clauses providing for the termination of the contract for convenience of the County, and shall prescribe methods by which the contractor may calculate the cost of work already performed and termination settlement costs. I. Indemnification. All construction contracts shall provide that the contractor (or other appropriate party) shall indemnify and hold harmless the County, and its ef#ieeFS 46 Commissioners and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the contractor .(or other appropriate party) and persons employed or utilized by the contractor (or other appropriate party) in the performance of the construction contract. 4.5 WORK ORDERS/AUTHORIZATIONS A. Work Orders/Authorizations for continuing services agreements previously approved by the Board may be executed by the County Administrator, if within his defined authorization limits and if not prohibited within the agreement. I B. If not prohibited within the agreement, minor work authorizations under $15,000 may be entered through a Purchase Order requisition referencing the contract number. No Work Order number will. be assigned and payment will be made by standard PO procedures, rather than contractual payments. Purchase Orders'will not be used in place of work orders/authorizations exceeding $15,000. 4.6 CHANGE ORDERS A. Applicability. Modifications may be made to an executed contract, which do not substantially alter the character of the work contracted, and which do not vary substantially from the original specifications as to constitute a new undertaking. Such changes must be reasonably viewed as being in fulfillment of the original scope of the contract and must be clearly directed to the achievement of a more satisfactory result or to the elimination of work not necessary. B. Purchasing Manager Authority. The Purchasing Manager is authorized to approve change orders to contracts executed under the Purchasing Manager's authority, provided the criteria in paragraph A above are met; and the total value of the contract does not exceed $25,000. C. County Administrator Authority, The County Administrator is authorized to approve and authorize change orders which fit the criteria in paragraph A, above, where the net modification in the contract amount does not exceed $5,000, unless contract was initially awarded solely under the Purchasing Manager or County Administrator's authority ($50,000 threshold) and the total value of the contract still does not exceed $50,000. D. All other change orders must be formally approved by the Board. E. Change orders shall not be artificially distributed or divided to avoid the requirement to present the approval to the Board. 4.7 DIRECT PURCHASE 47 A. In compliance with F.S. 212.08(6) and FAC Rule 12A-1.094, the County may utilize owner direct purchase of materials for Public Works projects to reduce project cost through the elimination of sales tax. 48 5. COMPETITIVE SELECTION - RFP/RFQ 5.1 REQUEST FOR PROPOSAL (RFP) If it is not practical or advantageous to procure any specific commodity or service by competitive sealed bidding, a request for proposals may be used. A. RFP Process. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. RFPs may include a request for price, to be considered in accordance with the evaluation criteria. Except as modified by applicable law or this manual, RFPs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in section 4. 1. Evaluation Criteria. The RFP shall state the evaluation criteria and the relative importance of each evaluation criterion, including price, if applicable. Only criteria set forth in the request may be used to evaluate the proposals submitted. 2 r,,.,,,.,,;++,,,,Selection Committee ("Committee"). Ae evalwAiRA wee Committee shall be appointed by the County Administrator. The 2tieR Committee shall be comprised of not less than three and not more than seven members. A majority of members shall constitute a quorum. 3. Review of Proposals. The rividuatien-Committee shall review all proposals submitted in response to the RFP, and shall make a recommendation for award, based upon the evaluation criteria. 4. Non -Public Proceedings of the EvaWa#ep-Committee. If the €;aa+eR Committee (a) meets to discuss negotiation strategies, or (b) meets with a proposer for the purpose of hearing a presentation, conducting discussions and asking questions, or conducting negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shall be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. 5. Negotiation of Proposals. The County may negotiate with any proposer to revise, value engineer, etc any proposal, provided the revisions do not amount to a 49 substantial and material change to the proposal, and provided that such revisions do not unfairly affect other proposers. 6. Award of Proposals. The Originating Department shall be responsible for preparing an agenda item submitting the committee's recommendation to the Board for approval. A copy of the agenda ,item and all supporting documentation shall be provided to the Purchasing Division prior to submission to the Board. The award shall be made to the most responsive and responsible proposer whose proposal is determined to be the most advantageous to the County, based upon.the evaluation criteria. 5.2 REQUEST FOR QUALIFICATIONS (RFQ) Certain professional services are required by the Consultants' Competitive Negotiation Act to be procured by the use of a Request for Qualifications (RFQ). An RFQ may also be used to procure professional services not covered by the Consultants' Competitive Negotiation Act. A. RFQ Process. An RFQ is characterized by an invitation to professionals to submit a summary of their qualifications to perform a general or specific job or service. If the RFQ is subject to the Consultants' Competitive Negotiation Act, the County shall select no less than three professionals for discussions and, if requested by the County, for presentations. After staff recommendation and approval by the Board, the County shall enter into negotiations for a contract with the most qualified profession aI(s). RFQs shall be governed by the Consultants' Competitive Negotiation Act, to the extent applicable. Except as modified by applicable law or this manual, RFQs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in Section 4. B. Evaluation Criteria. The qualifications of each firm responding to an RFQ subject to the Consultants' Competitive Negotiations Act shall be determined in accordance with the criteria set forth in the Act, including, without limitation, the professional ability of personnel; whether the firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current and projected workloads; and the volume of work previously awarded to each firm by the County, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. The qualifications of each firm responding to an RFQ which is not subject to the Consultants' Competitive Negotiations Act shall be determined in accordance with the criteria set forth in the RFQ. C. €valaatiOR G94,,-�Selection Committee ("Committee"). A44 bion ECommittee shall be appointed by the County Administrator. The Committee shall be comprised of not less than three and not more than seven members. A majority of members shall constitute a quorum. . . D. Review of Qualifications. The €oai-ation Committee shall review the submittals of all firms responding to the RFQ. If the RFQ is subject to the Consultants' Competitive Negotiations Act, the Eval, iatit;R Committee shall select at least three firms (short list) for further discussions. 50 E. Non -Public Proceedings of the -,�a T Committee. If the €valetinp Committee (a) meets to discuss negotiation strategies, or (b) meets with any firm responding to the RFQ for the purpose of hearing a presentation, discussions and asking questions, or negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shall be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. F. Ranking of Firms. The €uaiCommittee, after any discussions with and/or presentations by each short listed firm, shall vote on the final ranking. The ranking of firms shall indicate the mien Committee's determination of the firms that are most highly qualified to perform the required services. G. Ranking Reported to the Board. The mien Committee's ranking of the firms shall be submitted to the Board through the County Administrator by the Originating Department. Upon final ranking and selection by the Board, the Originating Department shall proceed with negotiations; provided, however, that if the estimated value of the services is $25,000 or less, the Purchasing Manager, in consultation with the Originating Department, may determine final ranking and selection, and if the estimated value of the services is $50,000 or less, the County Administrator, in consultation with the Originating Department, may determine final ranking and selection, H. Negotiations. The Originating Department shall negotiate with the firms in the order and manner set forth in the Consultants Competitive Negotiation Act, which generally requires that the Originating Department first negotiate with the most qualified firm. If negotiations are not successful, the Originating Department shall formally terminate negotiations with the most qualified firm, and shall commence negotiations with the second most qualified firm. If negotiations are not successful, the Originating Department shall formally terminate negotiations with the second most qualified firm, and shall commence negotiations with the third most qualified firm. If the County is unable to negotiate a satisfactory contract with any of the selected firms, the County may select additional firms responding to the RFQ in the order of their competence and qualification and continue negotiations in the same manner until an agreement is reached. I. Award of Contract. At the conclusion of successful negotiations, a contract, approved by the County Attorney, shall be submitted to the Purchasing Manager (up to $25,000), the County Administrator (up to $50,000) or the Board (up to and in excess of $50,000) for approval. A copy of the executed contract shall be transmitted to the Purchasing Division for the permanent file. 5.3 RANKING OF FIRMS IN RFP AND RFQ PROCESS 51 The ranking of firms in an RFP or RFQ process shall be done in the following manner, unless otherwise specified within the RFP or RFQ: (a) the RFP or RFQ solicitation documents shall list the evaluation criteria and assign a maximum number of points available for each criterion. The total maximum number of points available, for all criteria shall be 100, (b) each member of the era #ieR ECommittee shall evaluate each firm by assigning a number of points for each criterion and then totaling the number of points for all criteria, (c) each eemmittee-Committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked # 1, and (d) the rankings received by each firm from all eCommittee members shall then be totaled and divided by the number of committee members, to produce an average cranking. The firm receiving the lowest average ranking (ie., closest to # 1) shall be ranked the # 1 kfirm, and the process repeated until all firms have been ranked according to their average ranking. In the event of a tie, the ranking of the tied firms shall be determined by a comparison of the total number of points received by each firm for all criteria from all committee members. The firm with the highest number of points will be awarded the cher ranking position. The Committee may discuss the rankings and their reasons behind them, and each member may modify their ranking of firms accordingly. After interviews in an RFQ process (or in an RFP process, if interviews are held), and based upon information learned.during the interviews, each wee -Committee member May GhaAge er her Fapl(ing of fwill rank the firms in order of preference and a consolidated final committee ranking established. The evaluation process shall continue until the evaluatiep eemmittee Committee declares the rankings final. 5.4 PROPOSALS FOR PUBLIC-PRIVATE PARTNERSHIP (P3) In accordance with F.S. 255.065, the County may solicit or accept proposals for public—private partnerships. Solicited proposals shall be submitted in the format dictated in the solicitation. Unsolicited proposals may be submitted'electronically to purchasing@ircgov.com, noting "unsolicited proposal per F.S. 255.065" in the subject; or by delivery of a hard copy or other electronic method (thumb drive, CD, etc:) submitted in a sealed envelope to the Purchasing Division,.with the same title notation clearly indicated on the outside of the envelope. No initial application fee is required, however, the County reserves the right to request one in accordance with F.S. 255.065(3)(a)3. ' 6. SUMMARY OF PROCUREMENT The following is a summary of the aboveprocurement requirements. A. Less than $4GW3,500. Quotes are not required; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements less than $3,5800. 52 B.F9R; $1,0 W $4,099.09. Three -(31 quetes-a Fe FequiFediin Fequis+tion; blanket ; ffeGUFeMeRtS fFeR; $1000 t9 $4,999.99. C. From $&;ABA -3,500 to $25,000. Three (3) quotes required to be attached to the requisition; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ are permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements from $&000-3,500 to $25,000. D. From $25,000 to $50,000. Emergency purchase orders permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ are required, unless waived by County Administrator or Board, or required by applicable law. The County Administrator and the Board have authority to approve procurements from $25,000 to $50,000. F. Over $50,000. The Board must approve all procurements; Bid/RFP/RFQ required, unless waived by the Board, if allowed by applicable law. G. Construction Proiects Over $100,000. Public construction bond required for construction contracts. 53 7. PROTEST PROCEDURE 7.1 RESOLUTION OF PROTESTS ' Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. A. Decision. The Purchasing Manager shall promptly investigate the basis of the protest and, after consultation with the Originating Department, the Office of the County Attorney and any other person or entity deemed necessary by the Purchasing Manager, shall issue a decision in writing. A copy of the decision shall be furnished immediately to the protestor and any other party determined by the Purchasing Manager to be directly affected by the decision. The decision shall: 1. State the decision and the basis for the decision, and 2. Set forth the protestor's right to administrative review. B. Administrative Review. If the protestor disagrees with the decision of the Purchasing Manager, the protestor may appeal the decision to the Board. Written notice of such appeal shall be submitted by the protestor to the Purchasing Manager within seven (7) calendar days of receipt of the Purchasing Manager's decision. The Board shall consider the appeal with reasonable promptness, and may address the appeal at the same time that it considers the Bid/RFP/RFQ award. C. Stay of Procurements During Protests. In the event of a timely protest, the County shall not award the contract until the administrative appeal is resolved as set forth in paragraphs A and B above, unless the County Administrator or the Board determines that the award must be made without delay in order to protect the substantial interests of the County. 54 8. EXCESS/SURPLUS ASSET DISPOSITION The Purchasing Division shall maintain an electronic list, accessible to all County employees, of excess assets and other items in working condition that may be usable to another department. This list shall be periodically submitted to the Board for approval to declare the assets surplus and to remove the assets from inventory. Once declared surplus by the Board, the Purchasing Division shall transfer or sell the assets through any method consistent with the laws of Florida or applicable County policies. The Capital Asset Policy is managed by the Finance Department and approved by the County Administrator and can be referenced along with this section. 55 8. PURCHASING CARD PROGRAM The Purchasing Card Program is administered by the Director of the Office of Management & Budget and is designed to improve efficiency in processing small dollar purchases from any vendor that accepts the credit card. This program allows cardholders to purchase approved commodities and services directly from vendors. Each purchasing card is issued to a named individual, and Indian River County is clearly shown on the card as the governmental buyer of the goods/services. 9.1 AUTHORIZATION The purchasing card system simplifies the procurement/disbursement process. Procurement responsibility is delegated to the ordering department enabling an authorized cardholder to place an order directly with the vendor. When the purchase authorization is req Iuested by the supplier at the point. of sale, the purchasing card system validates the transaction against preset limits established by the employee's department and approved by the Purchasing Card Administrator. All transactions are approved or declined (electronically) based on the Ipurchasing card authorization criteria established. The authorization criteria may be adiusted periodically as needed and may include. but are not limited to, the following: A. Number of transactions allowed per day. I B. Number of transactions allowed per month. I C. Single purchase limit (not to exceed $1,500 — capital items may not be purchased on credit cards). i D. Monthly spending limit (riot to exceed $2,500.00). E. Approved merchant category codes. The authorization process occurs through the electronic system that supports the purchasing card processing services under the agreement established between Indian River County and the financial services provider. 9.2 RESPONSIBILITIES The following is a summation of the responsibilities of the individuals and organizations involved in the purchasing card system: 11 56 A. Cardholder 1. Hold and secure purchasing cards. 2. Order materials and services. , 3. Inform vendor of tax-exempt status prior to processing sale transaction. 4. Obtain all sales receipts and forward to the Department Purchasing Card Representative for authorizing approval. 5. Identify disputed charges. B. _ _ _ Department Purchasing Card Representative. 1. Review charges daily and sign authori; account numbers. 3. Assist department`cardholders with disputed items. 4. Obtain signature from Department Head. 5. Forward all charge receipts and necessary documentation to Finance daily. Ensure that all receipts for a given month are forwarded to Finance no later than five working days after month end. 6. Collect cards from cardholders that end or transfer employment and notify the Purchasing Card Administrator. 7. Notify the Purchasing Card 'Administrator of terminated employees immediately. C. Department Head or his/her designee. 1. Request purchasing cards for designated employees. 2. Set departmental and cardholder spending limits within established guidelines. 3. Designate Department Purchasing Card Representatives. 4. Review and sign charge receipts. D. Purchasing Card Administrator 1. Approve requests for purchasing cards submitted by Department Head. 2. Coordinate issuance and cancellation of cards. 3. Coordinate program policy issues. 4. Participate in ongoing program reviews. 5. Participate in resolving billing disputes. 6. Coordinate and maintain internal controls. 7. Maintain procedures and cardholder guides/manuals. S. Conduct periodic operational and compliance audits. E. Finance 1. Receive approved charge receipts from all cardholders. 2. Confirm that all charges are authorized by Department Head or his/her designee. 3. Reconcile consolidated statement, and notify departments and Purchasing Card Administrator when approved charge receipts are not received. 57 4. Pay all monthly charges from consolidated statement. 5. Process accounting data. 6. File and store statements, receipts, etc. 6. Upon request, provide weekly or monthly statements to the Department Head or his/her designee. 7. Report failure of departments to promptly turn in receipts to the Purchasing Card Administrator, as well as any other violations of the Purchasing Card Policy. { { F. Purchasing Division 1. Pursue supplier discount opportunities 2. Evaluate purchasing card feedback from suppliers and cardholders. 3. Provide traininp, to all new cardholders and refresher training classes as needed. •I 9.3 PROCEDURES: A. Assignment and Control of the Purchasing Card 1. Requests for and issuance of ourchasine cards a. Purchasing! cards will be issued to individual employees, County Officers, and elected officials who frequently purchase goods/services in single purchase amounts of less than $1,500.00. r_o.,o..11„ these "„ the in di, idd.w. WhE), Aefere theparshasin-eard 0 r$e aM,—e€ten usepetty eash ni^' ^^.1-a' b. The purchasing card will have the employee's name and employee ID# issued by the County, the County's name, the County's tax exemption number, and the expiration date. No credit records, social security numbers, etc., of the cardholder will be maintained. C. All requests! for purchasing cards must be made by the Department Head by using the Purchasing Card Request/Certification/Receipt form. d. All requests for new cardholders or for changes to current cardholders will be made by completing the top portion of and submitting a Purchasine Card Rea uest/Certification/ Receipt form to the Purchasine Card e. When the Purchasing Card Administrator receives a purchasing card from the issuing card company for a cardholder, the cardholder will be required to Personally take receipt of the card and sign the Purchasing Card Acceptance and Cardholder Agreement. The Purchasing Division will provide training and a copy of the Purchasing Card Procedures Guide to the cardholder. f. The Purchasing Card Administrator will notify the requesting department and the Finance Office upon the issuance of all purchasing cards. 58 2. Lost or Stolen Purchasing Cards a. If a purchasing card is lost or stolen, the cardholder or department representative must immediately notify the financial service provider and the Purchasing Card Administrator. b. The cardholder will be responsible for reporting all information necessary to reduce the liability to the County for a lost or stolen card. 3. Termination or Transfer of Cardholder i a. When a cardholder ends employment, leaves office, or is transferred to another department,!the Department Head (as applicable) must notify the Purchasing Card Administrator immediately, collect the purchasing card, cut it in half, and submit the cardio the Purchasing Card Administrator. b. If the department is unable to collect the purchasing card when an employee terminates, the Department Head must immediately notify the Purchasing Card Administrator. The Purchasing Card Administrator will ensure that the card is cancelled. B. Limitation on Use of Purchasing Cards I 1. Cardholder Use Only. The purchasing card may be used only by the cardholder whose name is embossed on the card. No other person is authorized to use or maintain a record of the card. Any individual discovered to be using another Person's issued card is' subiect to disciplinary action, up to and including termination. 2. County Purchases 'Only. The purchasing card is to be used for County - authorized purchases only. The purchasing card cannot be used for any personal use. Any such use will `require immediate reimbursement and may result in disciplinary action, which may include dismissal. 3. Dollar Limitations a. The Department Head (as applicable) approving the assignment of a. purchasing card will set two limits for each cardholder; a single purchase limit and a 30 -day limit. The maximum limits shall be $1;500.00 for a single purchase and $2,500.00 during the 30 -day billing cycle. A Department Head may set limits lower than this if necessary. Requests for spending limit changes must be initialed and authorized by the Department Head (as applicable) and submitted to the Purchasing Card Administrator. Elected officials and County Officers shall be entitled to the maximum amounts set forth in this policy as it may be amended from time to time. 59 b. A purchase may include multiple items, but the total cannot exceed. the cardholder's single -purchase limit. Payment for purchases shall not be split to stay within the single purchase limit. 4. Other Conditions a. Sales taxes (including tourist taxes in the State of Florida) may not be charged by the vendor with the exception of out-of-state travel). If requested, provide the vendor with the County's sales tax exemption certificate. I b. If an item is not immediately available, no back ordering is allowed. i 5. Prohibited Uses of Purchasing Cards a. Vendors that will accept Purchase Orders b. Gasoline or oil (unless cardholder is approved for travel expenses) C. Vehicle repairs or similar' services d. Travel expenses, unless cardholder is approved by the Purchasing Card Administrator for travel expenses. e. Training expenditures requiring a travel authorization form, unless cardholder is approved by the Purchasing Card Administrator for travel expenses. j f. Cash advances g. Inventory stock items h. Food/Restaurants, unless the cardholder is specifically approved for this use by the Purchasing Card Administrator L Capital Items ($1,000 or more) When department annual needs for like items/services or purchases from the same vendor exceed $1,500.00 annually. k. Any additional goods/services specifically restricted by the Purchasing Division or the department. I. Telephone calls M. Personal items n. Invoices fo-r previously purchased/ordered/received goods and/or services + o. Anv services requiring Licensure with the State/Building Division and/or liability insurance as required by the Administrative Policy. P. Registration' for courses, including online courses, unless a travel voucher is submitted with receipt through Budget. 6. Travel Expenses 60 Administrator to charge travel related expense to their purchasing cards. I b. Expenses for registration, hotel rooms (lodging) and related parking and resort fees car rentals and airfare are allowed for such cardholders. C. All travel related expenses must be. for official County business and must be made in accordance with Section 112.061, Florida Statutes. 1 d. All cardholders must follow County policies on travel expense in addition to the Purchasing Card Policy. (e.g., completing Travel Approval Prior to Trip Form before making any charges on the Purchasing Card). i e. Only travel expenses for the cardholder are authorized. Charges shall .not be made for any.other employees or travelers other than the cardholder. C. Procedures for Making and Paving for Purchases 1. Online and Telephone Orders a. The cardholder shall ensure a copy of the receipt is obtained. Packing slips are not sufficient documentation @Rd YAM ^^'y be oeFFAw4Pd iR FeGe4pt. I b. Receipts should identify the merchandise purchased. If the merchandise is not sufficiently identified on the order confirmation. or receipt provided by the merchant, the cardholder should describe the merchandise sufficiently enough for the Department Director to determine that the purchase was for County purposes. C. The receipt will be forwarded to Finance with the proper authorization signatures on a daily basis, and no later than five business days after the purchase. I 2. Missing Documentation Where supporting documentation is missing, the cardholder must contact the vendor and request a duplicate receipt. If the cardholder is unable to obtain documentation, a description of the purchase must be attached. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card and/or disciplinary action. 3. Payment and Invoice Procedures 61 R a. The purchasing card company will provide one consolidated statement for all cardholders to Finance. This Statement of Account will list all transactions processed during the previous 30 days. i b. Finance will review the statement and receipts, noting any errors and notifying the departments of any discrepancies. The department will determine whether to dispute the': item in question. If the item is disputed, follow the procedures below. All items must be. resolved within five (5) working days of notification by Finance. l D. Disputes 1. If items purchased with the purchasing card are defective, the cardholder must return the item(s) to the vendor for replacement or credit. If the service paid for with a purchasing card is faulty, the vendor must be notified and asked to correct the situation or provide a credit. If the vendor refuses to replace or correct the faulty item or service, the purchase will be considered in dispute. E. Review of Purchases by Departments 1. Because of their knowledge of. the iob responsibilities and requirements, Department Heads or designees are required to review each purchasing card expenditure (item purchased, amount and vendor) to ensure the goods/services were necessary and for official use. I 2. When the Department Head is not satisfied that the purchase was necessary and for official use, the cardholder must provide either a credit voucher proving the item(s) were returned for credit or a personal check for the full amount of the purchase. Checks must be sent to Finance with an explanation and account number to credit. A copy! of the check and explanation must be forwarded to the Purchasing Card Administrator. 3. Serious or repeated misuse of the purchasing card will result in the revocation of the card. Employees incorrectly using their purchasing card will be disciplined by the Department Head/ manager as necessary. 4. To help the departments in their reviews, management reports will be available from the Purchasing Card Administrator or Finance. F. Abuse/Violations 1. Participation in the Indian River Countv Purchasing Card Program is a convenience that carries responsibilities along with it. Although the card is issued in a cardholder's name, it is Countv property and should be used with good judgement. Improper use of the card can be considered misappropriation of Countv funds which may result in disciplinary action, up to and including 62 termination. Cardholders are expected to comply with internal control procedures in order to protect County assets. This includes keeping receipts, providing the receipts to Finance within three business days, resolving discrepancies and following proper card security measures. 2. The Department Purchasing Card Representatives and Department Heads should notify the Purchasing Card Administrator if a cardholder abuses the program or violates the procedures. 3. The Purchasing Card Administrator will conduct operational and compliance audits to determine if the program is being abused or procedures are being violated. 4. Misuse of the Purchasing Card may result in disciplinary or other appropriate action. Repeated misuse and violations will result in revocation of Purchasing Card privileges and may result in termination of employment for cause. 5. Abuse, misuse, and violations include, but are not necessarily limited to the following: a. Purchase(s) made exceeding single item or monthly purchase limit. b. Use of card for unauthorized or prohibited. items/services (See 9.3.B.5). c. Multiple transactions to circumvent Purchasing procedures. d. Failure to provide proper documentation, receipts, invoices, etc. within five business days. e. Purchase of Capital Outlay items. f. Purchase from vendors which create a conflict of interest. 9. Personal charges. h. Allowing another person to use the card. i. Failure to report a lost or stolen card in a timely manner. 6. The following steps will be taken to address misuse/abuse/violations: a. First Offense: Cardholder and supervisor will be notified verbally of the violation. b. Second Offense: Cardholder will receive written notice of violation through his or her supervisor. C. Third Offense: Purchasing Card privilege will be revoked and additional disciplinary action may be taken by the department. 63 CONSENT BCC Meeting July 17, 2018 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / 'otv� Department of General Services Date: July 3, 2018 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Amendment Number 1 to Work Order Number 5, Masteller & Moler, Inc. Hobart Park Baseball Fields — IRC -1759 BACKGROUND/ANALYSIS: I On October 24, 2017, the Board of County Commissioners approved a 3 -month extension between Indian River County and Masteller & Moler, Inc. to an existing Continuing Contract Agreement for Professional Services, dated November 4, 2014. i On January 9, 2018, the Board of County Commission approved professional services as outline in Scope of Services of Work Order No. 5. with Masteller & Moler, Inc. for the 58" Avenue Ballfield Renovation and Expansion Project for Parks and Recreation improvements. The professional services set forth in existing Work Order Number 5, was effective January 9, 2018. I This Amendment 1 to Work Order Number 5 amends the Work Order for redesign from two (2) story to one (1) story concession facility/press box. Over the course of the design phase, the second story became cost prohibitive. The press box will be distanced from fields 2 & 3 diminishing the use of the press box. Staff, also eliminated the need for a lift or elevator to the second story. Additionally, this change order will include designs for extension of power to various other fixtures including sewage lift station, irrigation pump facility, scoreboard, flagpole, adding a new fire hydrant and batting cage lights. The Fire Prevention office also informed of the requirement to add a new fire hydrant, which is also included in the proposed change order. FUNDING: Funding is budgeted and available in the MSTU Fund/Parks/58th Avenue Ballfield Renovation & Expansion account. Work Order No. 5, was approved for $66,025. This change order will increase expenditure by $13,165. Funding for this project is provided by the "Windsor donation fund" to be used specifically for recreational purposes. - C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8C2F9192\@BCL@8C2F9192.doc 64 Description Account Number Amount Work Order #5 MSTU Fund/Parks/581h Avenue Ballfield 00421072-066510-18001 $66,025 Renovation & Expansion — Work Order 5 Amendment 1 to MSTU Fund/Parks/58th Avenue Ballfield 00421072-066510-18001 $13,165 Work Order #5 Renovation & Expansion —Work Order 5 Total: 1 $79,190 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8C2F9192\@BCL@8C2F9192.doc 64 Page 2 Amendment Number 1 to Work Order Number 5, Masteller & Moler, Inc. Hobart Park Baseball Fields — IRC -1759 July 3, 2018 RECOMMENDATION: Staff respectfully recommends approval of Amendment Number 1 to Work Order Number 5, Hobart Parks Baseball Fields — IRC -1759 with Masteller & Moler, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment 1 to Work Order Number 5. ATTACHMENT: Amendment Number 1 to Work Order Number 5, Hobart Park Baseball Fields — IRC -1759 DISTRIBUTION: Masteller & Moler, Inc. David Fleetwood, Parks Division Superintendent Mike Redstone, Recreation Manager C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8C2F9192\@BCL@8C2F9192.doc 65 MJ MASTELLER & MOLER, INC. M, CIVIL ENGINEERS July 2, 2018 Mr. Michael C. Zito, Assistant County Administrator Indian River County, Florida 180027 1h Street Vero Beach, Florida 32960-0310 RE: Indian River County Project # 1759, - Hobart Park Baseball Complex Improvements 58th Avenue & 77th Street Indian River County, Florida Dear Mike: As we have developed the designs for the Hobart Park Baseball Complex there have several changes and/or additions to the scope of services and other designs that need to be completed to assure the project upon completion will function properly. Specifically, after creating the designs for a two (2) story concession facility / press box, Donadio & Associates, Inc. was asked to amend the design to a one (1) story structure with expanded restroom facilities. Treasure Coast Engineering, Inc. (TCE), the project electrical and mechanical engineer, performed additional services to change their design to support the building from the two (2) story to one (1) story design as well. in addition, we have asked TCE to perform designs for extension of power to various other fixtures including the sewage lift station, irrigation pump facility, scoreboard, flagpole, and batting cage lights. Irrigation design was not in our original scope; however, we feel it essential to include designs for that work as well to support irrigation of the new fields and landscape buffers as applicable. We propose to use the services of Michael Clark, Clark Irrigation Design & Consulting, Inc. Masteller & Moler, Inc. has performed services to coordinate the above-described design changes including especially the design services for the irrigation aspects of the project and its source of water, which is.expected to be County reuse water. The Amendment Request for authorization of these above-described services is attached herewith. Please let me know if you have any questions and/or concerns. Sincerely yours, M LER & MOLER, INC. k Stephen E. Moler, PE Vice President SEM/cab Enclosure File#1756 (ir MZito AmendNol 18-0702.docx) 1655 27th Street, Suite 2 • Vero Beach, Florida 32960 Phone: (772) 567-5300 • Fax: (772) 794-1106 66 mastmolr@bellsouth.net AMENDMENT NUMBER 1 TO WORK ORDER NUMBER 5 HOBART PARK BASEBALL FIELDS - IRC -1759 This Amendment 1 to Work Order Number 5 is entered into as of this _ day of 201, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 4th, 2014, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into the 24th day of October, 2017 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Masteller & Moler, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 5, Effective Date February 6, 2018. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS MASTELL MOLER, INC OF INDIAN RIVER COUNTY By:�' 'B.y Stephen E. Moler, PE Peter D. O'Bryan, Chairman Title: Vice President 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 67 M J MASTELLER & MOLER, INC. M, — CIVIL ENGINEERS EXHIBIT A 1655 27" Ste. 2, Vero Beach, FL 32960 (772) 567-5300 As we have developed the designs for the Hobart Park Baseball Complex there are several changes and/or additions to the scope of services and other designs that need to be completed to assure the project will function properly upon completion. Our understanding is that we will provide the following specific services: Scope .of Work: Part I -Architectural Modification (by Donadio & Associates) Revise floor plan and building elevation construction documents from a two-story structure to a single -story structure as requested by the Owner. Part II - Electrical & Mechanical Engineering (bv Treasure Coast Engineering, Inc.) Revise the electrical plans for the project to support the one (1) story structure. In addition, electric power designs shall be provided for the project's irrigation system, sewage lift station, flagpole lighting, scoreboard, and batting cage lighting. Masteller & Moler, Inc. will coordinate with the electrical sub -consultant and the County to include the additional electrical demands for the project onto the construction plans. Part III — Irrigation Design (by Clark Irrigation Design & Consulting, Inc.) Masteller & Moler, Inc. will perform research to determine the manner in which irrigation water is to be provided to the project either by an onsite well or via the County's reuse water system. We shall also provide an irrigation design to support the proposed new baseball fields and new landscaped areas within the site. Masteller & Moler, Inc. will also coordinate with Indian River County Department of Utility Services to obtain a Utility Construction Permit for the proposed irrigation connection to the County's reuse water system. This shall also include contacting the Florida Department of Environmental Protection (FDEP) to confirm reuse water may be used as the source of irrigation as the Utilities Department has existing potable water source wells on the site. Fee Schedule: Masteller & Moler, Inc. proposes to provide the above Scope of Services based on the following lump sum fees: Part 1—Architectural Revisions $ 3,277.50 Part II — Electrical / Mechanical Revisions $ 4,875.00 Part III — Irrigation Design / Permitting $ 5,012.50 Total: $ 13,165.00 Time Schedule: Amendment No. 1 shall be completed in 20 working days. File#1756 (Y:\mm\Projects\2017\1756- Hobart Park Baseball Fie lds\ADMIN\Contracts\Amend No 1\1756_AmendNoi_18-0702.docx) 68 Page 1 of 1 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM • TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: James D. Gray, Jr. Natural Resources Manager SUBJECT: Notice of Grant Application for Funding Assistance from State of Florida Beach Erosion Control Program— FY 2019/20 DATE: July 6, 2018 DESCRIPTION AND CONDITIONS I On June 1, 2018, the County received notification from the Florida Department of Environmental Protection (FDEP) that the Beach Management Funding Assistance Program is accepting applications for the FY 2019-2020 Local Government Funding Requests (LGFR). LGFR applications are due August 1, 2018 and require an annual funding resolution from the Local Sponsor. For FY 2019-2020, staff is requesting $2,031,840.75 in State funding assistance for the Sector 5 Beach and Dune Restoration Project. Staff anticipates cost sharing from the FDEP for design, construction, and monitoring of the Sector 5 project to be 46.65% State and 53.35% County. Total requested grant funding is $4,355,500; $2,031,840.75 State: $2,323,659.25 County. The purpose of this Agenda is to request Board approval to apply for the referenced grant and approval of the County funding resolution. k FDEP requires an annual resolution from4ocal governments requesting funding assistance through the FDEP Beach Management Funding Assistance Program. The Resolution does not specify a specific dollar amount. However, the Resolution enables the Department to consider the County's LGFR for Fiscal Year 2019/20. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the design and permitting of the Sector 5 Beach Nourishment Project is available and budgeted in the Beach Restoration Fund, Hurricane Matthew Account - Sector 5, Account No. 12814472-066510-17001. RECOMMENDATION Staff recommends Board approval authorizing the County Administrator or his designee to submit the FY 2019/2020 Local Government Funding Request on behalf of the County. Staff also recommends Board approval of the funding Resolution. I ATTACHMENT Resolution APPROVED AGENDA ITEM FOR JULY 17, 2018 C:\USERS\LEGISTAR\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@58204739\@BCL@58204739.DOCX 69 RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA REQUESTING ASSISTANCE FROM THE STATE OF FLORIDA BEACH EROSION CONTROL PROGRAM - FY 2019/20 WHEREAS, Indian River County has experienced damage to structures and/or coastal lands by beach erosion in areas of public lands; and WHEREAS, Indian River County has established a Beach Preservation Plan and a Beach Preservation Fund to provide strategy and funding for beach restoration activities; and WHEREAS, the State of Florida has established a Beach Erosion Control Program for providing financial assistance for erosion control and preservation of the beaches within the State. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, as follows: 1. The County hereby requests State financial assistance for implementation of coastal erosion control improvements within Indian River County. 2. The County hereby designates James D. Gray, Jr., Natural Resources Manager for Indian River County, as the Project Manager and Agent on behalf of the County. THE FOREGOING RESOLUTION was offered by Commissioner seconded by Commissioner , and, being put to a vote was as follows: Chairman, Peter D. O'Bryan Vice Chairman, Bob Solari Commissioner, Susan Adams Commissioner, Joseph E. Flescher Commissioner, Tim Zorc and The Chairman thereupon declared the resolution duly passed and adopted this day of 2018. Attest: Jeffrey R. Smith, BOARD OF COUNTY COMMISSIONERS Clerk of Circuit Court.and Comptroller INDIAN RIVER COUNTY, FLORIDA By Deputy Clerk Peter D. O'Bryan, Chairman Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 70 0t CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION i DATE: July 6, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator t Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Rejection of Bids for Gifford Aquatic Center Pool Resurfacing (Bid 2018015) BACKGROUND: ' t The Recreation Division requested the solicitation of sealed bids for repairs to and resurfacing of the pool and decking at the Gifford Aquatic Center. The surfaces are original to the aquatic center, which opened in 2002. The budget for the project was $54,000. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Specifications/Plans Downloaded by: Replies: December 11, 2017 January 5, 2018 68 Subscribers 12 Vendors 1 Vendors Bidders Name Location Total Cost Family Pools Port St. Lucie $94,171.00 ANALYSIS: The department had anticipated a cost of $54,000 for the work, however the Ione bid. received was $40,000 higher than the amount of funds available to complete the work. The bid documents note the authority toy 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 after specifications have been modified. SOURCE OF FUNDS: The cost to advertise a new bid is estimated to be $90 and is available. in the MSTU/Recreation/Advertising Except Legal Ads Account: 00410872-034810.. 71 CONSENT AGENDA RECOMMENDATION: Staff recommends the Board reject the bids received for Bid 2018015 and authorize the Recreation Division to revise the specifications and the Purchasing Division to release a new invitation to bid for the subject work. 72 8G CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: July 6, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2018064 — North Wastewater Treatment Facility Fence Replacement BACKGROUND: The Department of Utility Services requested the solicitation of bids to remove and replace approximately 3,175 linear feet of 6 -foot chain link fencing, and clear and remove nuisance/exotic vegetation within the fenced area at the North Wastewater Treatment Facility. BID RESULTS: Advertising Date: May 31, 2018 Bid Opening Date: June 26, 2018 Demandstar Broadcast to: 339 Subscribers Bid Documents Downloaded by: 24 Vendors Replies: 4 Vendors Bidder's Name Location Total Bid DeAngelo Brothers Deland DQ— Failed to acknowledge addenda Fence Direct Vero Beach DQ— Failed to acknowledge addenda Meticulous Construction West Palm Beach DQ— Mandatory Disclosure of Relationships form not signed Summit Construction Vero Beach $125,800.00 ANALYSIS: The department has reviewed the single responsive bid and determined Summit Construction to be responsible to complete the work. 73 CONSENT SOURCE OF FUNDS: Funds for this project are in the R & R account in the operating fund. Operating funds are derived from water and sewer sales. Account Number Account Description Amount 47123536-044699-18523 N WWTF Fence Replacement $125,800.00 RECOMMENDATION: Staff recommends the Board award bid 2018064 to Summit Construction of Vero Beach, LLC. Staff also recommends the Board approve the sample agreement and authorize the Chairman to execute it after the County Attorney has. approved it as to form and legal sufficiency and after receipt and approval of the required insurance and public construction bond. Attachment: Sample Agreement 74 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Summit Construction of Vero Beach. LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as,specified or indicated in the Contract Documents. The Work is generally described as follows: ' Remove and replace 3,175 linear feet of 6' chain link fence. Clear and remove nuisance exotic vegetation from 9 -acre site. ARTICLE 2 -THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Bid Number: Project Address: ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence North Wastewater Facility Fence Replacement 2018064 515077 th Street Vero Beach, FL 32960 A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications.are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 120th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in,proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,148.00 for each calendar day that expires after the time specified in paragraph 3.02 Page 1 of 8 75 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.8, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $125,800.00 Written Amount: One hundred twenty five thousand eight hundred dollars and zero cents ARTICLE 5 - PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those Page 2 of 8 76 subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as .may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data Page 3 of 8 77 concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the otherterms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 8, inclusive); (2) Notice to Proceed (3) Public Construction Bond (pages_to_, inclusive); (4) Certificate of Liability Insurance (5) Invitation to Bid 2018064 (6) Addenda (numbers 1 to 2, inclusive); (7) CONTRACTOR'S Bid Form (pages 12 to 13, inclusive); (8) Bid Bond (pages 1-2 inclusive); Page 4 of 8 78 (9) Drug Free Workplace Form (page 14) (10)Affidavit of Compliance (page 15); (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 16 to 17, inclusive); (12) Certification Regarding Lobbying (Page 18) (13) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agreethat the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Page 5 of 8 79 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law forthe duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424, publicrecords@ircgov.com Indian River County Office of the County Attorney 180127 1h Street Vero Beach, FL 32960 Page 6 of 8 80 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or .approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Page 7 of 8 81 Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Address: Phone Email Page 8 of 8 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) RE Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney S Office of Consent Agenda 07/17/18 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners �, J FROM: William K. DeBraal, Deputy County Attorney DATE: July 10, 2018 Y SUBJECT: Request for Temporary Construction Easement to Datapath Tower, LLC for former Emergency Services Tower, On June 19, 2018, the Board approved a Utility Equipment and Landscape Easement, a Special Warranty Deed, a New Access and Parking/Turnaround Easement and a Utility Easement for Datapath Tower, LLC, (Datapath) at the former Emergency Services tower next to the old jail property at 1725 17th Street. The tower site was surplused and sold to Datapath in 2016. Datapath has applied to the City of Vero Beach to construct a new monopole tower on the site and the City requested the above documents as part of the site plan approval for the new tower. The City has made an additional request for a temporary construction easement around the site for the duration.of the construction of the tower. The easement will be used for storage of materials, machinery, equipment and vehicles during construction of the tower. Datapath seeks a space of about 65'X 75" or 4875 sq. feet around the tower. The easement will be needed for approximately 90 days. Staff has no objection to the request. The proposed temporary construction easement and aerial photo showing the area of the easement is attached as Exhibit "A". Prior to the termination of this easement, Datapath will return the TCE to its current condition. Funding: There is no expenditure of County funds for this matter. Datapath will pay for the cost of recording the easement. Recommendation: Staff recommends that the Board approve the temporary construction easement to Datapath Towers, LLC and authorize the Chairman to execute the easement on behalf of the Board. Copes to: Datapath Tower Attachment: Temporary Construction Easement 83 I '1 Prepared by and return to: Indian River County Attorney's Office 1801 271h Street Vero Beach, FL 32960-3388 I TEMPORARY CON: UCTION EASEMENT I This TEMPORARY CONSTRUCTION EASE/Ior nd executed this day of 2018, by Indian River County, poliubdivision of the State of Florida, whose address is 1801 27t�' Street, Vero a 32960-3388, hereinafter called GRANTOR, to DATAPATH TOWER, LLC, a liability company, whose mailing address is 200 Central Avenue', St. Peters33701, hereinafter called GRANTEE, WITNESSETH: I That GRANTOR, for and in consideratio consideration, receipt of which is hereby acl GRANTEE a TEMPORARY CONSTRUCTION the following described land, situate in Indian vi EXHIBIT "A" ATTACHED H F of the sum of ONE DOLLAR and other nowledged, does hereby grant unto the EASEMENT on, over, across, and beneath �r County, Florida, to -wit: AND MADE A PART HEREOF This easement is forthe purpose of all co struction incidentals, such as; storage of materials, machinery, equipment and vehicles gra ng, sloping, sodding, clearing, excavating, dredging, etc. This easement shall exist .only til the completion of the construction of the tower. GRANTEE shall return the land to th same condition as it was found at the beginning of this easement. IN WITNESS WHEREOF t e GRANTOR has herein set its hand and seal the day and year first above written. Attest: Jeffrey R. Smith, Cler of Court I BOARD OF COUNTY COMMISSIONERS And Comptroller INDIAN RIVER COUNTY, FLORIDA Bv: Deputy Clerk Approved: By Jason E. Brown County Administrator BY: Peter D. O'Bryan, Chairman Date BCC Approved: Approved as to form and legal sufficiency elcAl_ William K. DeBraal Deputy County Attorney Ill I. rTr.�� 3i11.1 110 ; Al 4'N ;V7 4 Prepared by and return to: Indian River County Attorney's Office 1801 271h Street Vero Beach, FL 32960-3388 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT, made and executed this day of , 2018, by Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called GRANTOR, to DATAPATH TOWER, LLC, a ;Florida limited liability company, whose mailing address is 1700 66th Street N:; Suite 203, St. Petersburg, Florida 33710, hereinafter called GRANTEE, WITNESSETH: 1 That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is , hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This easement is for the purpose of all construction incidentals, such as; storage of materials, machinery, equipment and vehicles grading, sloping, sodding, clearing, excavating, dredging, etc. This easement shall exist only until the completion of the construction of the tower. GRANTEE shall return the land to the same condition as it was found at the beginning of this easement. IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written. Attest: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS And Comptroller INDIAN RIVER COUNTY, FLORIDA By: Deputy Clerk Approved: By Jason E. Brown County Administrator BY: Peter D. O'Bryan, Chairman Date BCC Approved: Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney Prepared by and return to:: Indian River County Attorney's Office 1801 271h Street Vero Beach, FL 32960-3388 TEMPORARY .CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT, made and executed this day of 2018, by Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called .GRANTOR, to DATAPATH TOWER, LLC, a Florida limited liability company, whose mailing address is 1700 66th Street N., Suite 203, St.' Petersburg, Florida 33710, hereinafter called GRANTEE, k WITNESSETH: That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This easement is for the purpose of all construction incidentals, such as; storage of materials, machinery, equipment and vehicles grading, sloping, sodding, clearing, excavating, dredging, etc. This easement shall exist only until the completion of the construction of the tower. GRANTEE shall return the land to the same condition as it was found at the beginning of this easement. IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written. Attest: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS And Comptroller I INDIAN RIVER COUNTY, FLORIDA F By: BY: Deputy Clerk Peter D. O'Bryan, Chairman Date BCC Approved: Approved: By Jason E. Brown County Administrator Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney Randi Wardlow From: { Bill Debraal <BDebraal@ircgov.com> Sent: Monday, July 16, 2018 5:04 PM To: BCC - Board Members; BCC - Office; Dylan Reingold; Dori Roy Cc: Terri Collins -Lister; CBCC-Mail Subject: FW: Consent Agenda Item 8H Datapath Temporary Construction Easement Attachments: doc07032020180716155018.pdf All: Today I was informed by Datapath that they have -moved their offices to a new location, 1700 66th Street N., Suite 203, St. Petersburg, Florida 33710. I have changed the address the address on Easement that appeared in the agenda backup and the easement to be signed by the Chairman is attached. I will ask that the agenda matter 8H be pulled from the Consent Agenda so that the revised easement may bye entered into the record by the clerk to tRe board. Thanks! I I Bill DeBraal ,I Deputy County Attorney I (772) 226-1426 -----Original Message----- ' From: copier@ircgov.com [mailto:copier@ircgov.com] Sent: Monday, July 16, 2018 4:51 PM To: Bill Debraal <BDebraal@ircgov.com> Subject: ! TASKalfa 420i ; [OO:cO:ee:7a:98:25] I I V INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator I THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P!E., County Engineer 1 FROM: William Johnson, P.E., Roadway Production Engineer SUBJECT: Award of Bid No. 21018009 CR 512 Resurfacing & Shoulder Widening from Myrtle Street to 125th Avenue Project, IRC -1305 DATE: July 06, 2018 DESCRIPTION AND CONDITIONS On April 19th 2016, the Board of County Commissioners approved consultant Atkins North America, Inc. to perform professional services through Work Order Number 3 to prepare construction documents for CR 512 in Fellsmere. The project consists cf adding 5 -ft. paved shoulders to accommodate bicycle lanes, milling and resurfacing the roadway, providing crosswalks, upgradesto existingtraffic signal equipment, installation of a mast arm signal at Willow Street & CR 512, replacing school zone flashers, upgrading and replacing signs as well as striping. I On February 06, 2018 the Board of County Commissioners approved a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in the maximum amount of $877,600.00 for Construction and CEI services. The Engineer's Cost Estimate was $1,913,002.74. I A bid opening for the CR 512 Resurfacing was held on June 27th, 2018. Three (3) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: COMPANY BID Community Asphalt, Corp. Vero 1 $1,916,316.97 Beach, FL 1 Ranger Construction Industries, Inc. Winter Garden, FL i $2,090,831.83 Timothy Rose Contracting, Inc. Vero Beach, FL $2,241,092.39 * Denotes mathematical errors were found and bid amount corrected. I Community Asphalt, Corp. is considered to be the lowest, responsive, responsible bidder forthe project with a bid totaling $1,916,316.97, $3,314.23 above the Engineer's Cost Estimate. Community Asphalt, Corp. has completed various projects within the County in a satisfactory manner. I ': Ell Award of Bid No. 2018009, CR 512 Resurfacing (Myrtle Street to 125th Street) Project IRC -1305 For July 17, 2018 BCC Meeting FUNDING Per the SCOP grant agreement, the County must fund the project and.then request reimbursement of the grant share from FDOT to a maximum amount of $877,600.00 of the total cost for the project. Funding for the County's cost share in the amount of $1,038,716.97 of the total cost is budgeted in the Account No. 10921441-053360-16020/Secondary Roads/CR 512 Resurface (Myrtle to 125th) RECOMMENDATION Staff recommends the project be awarded to Community Asphalt, Corp. in the amount of $1,916,316.97 and requests the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and the County Attorney has approved agreement. as to form and legal sufficiency. ATTACHMENTS Sample Agreement DISTRIBUTION Community Asphalt, Corp. Ranger Construction Industries, Inc. Timothy Rose Contracting, Inc. AGENDA ITEM FOR July 17, 2018 ': I C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@2826BCEE\@BCL@2826BCEE.doc SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Paqe ARTICLE1- WORK.................................:...............................................................................................2 ARTICLE 2 - THE PROJECT.............:......................................................................................... 2 f � ARTICLE 3 ENGINEER ........................ - .............................. 2 ARTICLE 4 - CONTRACT TIMES .......... / .ti ..�.............2 ,. ..... .. ...... ...... ... ARTICLE 5 - CONTRACT PRICE ........... :...:................... :.............. .:.................... .............................. 3 ARTICLE 6 - PAYMENT PROCEDURES . ....... ....... /.................................... 3 • ARTICLE 7 - INDEMNIFICATION.........5 ...........:....... ARTICLE 8 - ARTICLE 9 - ARTICLE 10 .................................................................. 5 ....................................................................................... 6 .......................................................................................... 7 fTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] @BCL@343F377FBS 00520-1 C:\UsersVegistar\AppDala\Local\Temp\BCL Technologies\easyPDF 8\@BCL@343F377F\@BCL@343F377F.doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 7 ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as. specified or\indicated in the Contract Documents. The Work is generally described as follows: n This project will be performed for resurfacing of CR 512 from Myrtle Street to 125t1 Avenue. The proposed improvements will, nclude,milling of existing pavement, installation of superpave asphaltic concrete, installation\of signal mast arms & associated controllers with video detection\wideJnin'g paved shoulders, sodding and installation of thermoplastic pavement•markings,,replacement of sidewalk curb returns for ADA compliance and other ancillary construction work. This is a F.D.O.T. Small County Outreach Program (SCOP) funded,prcject; F, K,No. 433068-1-54-01. ARTICLE 2 - THE PROJECT„ 2.01 The Project for which theWp`rk-under the,Contr`act' Documents may be the whole or only a part is generally described,as\follows: Project,�ame. CR 512`RESURFACING & SHOULDER WIDENING FROM �-MYRTLE STREET TO 125t1i AVENUE J County Protect,Number:,IRd=1305 Bid Number:/2018009 '-•.' FPID:433068A-54-01 Protect Address: County Road 512 from Myrtle Street to 125t1i Avenue, 4) Fellsmere, FL 32948 J ARTICLE 3 — ENGINEER x-- i 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. @BCL@343F377F8q 00520-2 C:\Users\legistar\AppDala\Local\Temp\BCL Technologies\easyPDF 8\@BCL@343F377F\@BCL@343F377F.doc 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on,or before the 150th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions,and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 180th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of t e es nce of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damageswill commence for this portion of work. The parties also recognize the delays, expense, and difficulties"involved in proving in a legal proceeding the actual loss suffered by .OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but ndt,aS\a penalty), CONTRACTOR shall pay OWNER $1,584.00 for each calendar-day�that `expires after the`Aime specified in paragraph 4.02 for Substantial Completion until`the,Work,issubstantially complete. After Substantial Completion, if CONTRACTOR shall beglect, refuse�or fail to complete the remaining Work within the Contract Time orany/'proper extension thereof granted by OWNER, CONTRACTOR shaikpayOWNER, 1 584.00 for each calendar day that expires after the time specified in paragraph' -4.02 for completion and readiness for final payment until the Work is completed and ready for fnal payment. ARTICLE 5 - CONTRACT PRICE, 5.01 OWNER shall pay CONTRACTOR for, completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to_paragraph,.0.A and summarized in paragraph 5.01.8, below: A. /For all Work, at.,the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT`SUM'subject to additions and deductions provided in the Contract: `-Numerical Amount: $. Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. @BCL@343F377F.90 00520-3 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@343F377F\@BCL@343F377F.doc 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract.Documents.` , \ 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the'applica`tion Jor payment shall contain the CONTRACTOR'S certification, All progress payments4ill be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work,kiased,,n the number of units completed. After fifty percent (50%) completion, ,\and pursuant to Florida Statutes section 218.735(8)(d),_the, CONTRACTOR may submit a pay request to the County as OWNER for,uI:Mo.one_half (1/2),of the retainage held by the County as OWNER, and the County.asOWNERshall, promptly make payment to the CONTRACTOR unless such amounts are..the'subject of a good faith dispute; the subject of a claim ;pursuant to Florida Statutes ''section 255.05; or otherwise the subject of a claim `or,dem nd by.th`e\County' as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services,,or materials,supplied by one or more subcontractors or suppliers, the Contractor ,shall_ timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(0), ---CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall \receive immediate written notice of all decisions made by CONTRACTOR,to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the @BCL@343F377F.ft 00520-4 C:\UsersUegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@343F377F\@BCL@343F377F.doc CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. 1 7.02 To the fullest extent permitted by law, the Recipient's contractor/consultant shall indemnify and hold harmless the Recipient and the State of Florida, 'Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's from, liabilities, the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor or consultant and persons employed or utilized, by the contractoe\or consultant in the performance of this Agreement. 'X ARTICLE 8 - CONTRACTOR'S REPRESENT TIONS \ 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined ``and carefully `studied the Contract Documents and the other related data identified in the'Bidding\Docurrienfs:, B. CONTRACTOR has�visited`the Site\and become familiar with and is satisfied as to the general, local, and Site conditions -that, may affect*cost, progress, and performance of the Work. C. CONTRACTOR -is familiar with,and is satisfied as to all federal, state, and local Laws and Regulations gltions i:hat,`may affect cost; progress, and performance of the Work. D.:' CONTRACTOR\h s arefully, studied all: (1) reports of explorations and tests of subsurface conditions -at or contiguous to the Site and all drawings of physical conditions in\or--relating-to existing surface or subsurface structures at or contiguous to the Site (except—Underground Facilities) which have been identified in the Supplementary Conditions as provided -in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in -the -Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto @BCL@343F377F.ft 00520-5 C:\UsersVegistar,AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@343F377F\@BCL@343F377F.doc F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the-Contract/Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficienfto indicate and convey understanding of all terms and conditions for performan e.and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consistlof the following;'-'� 1. This Agreement (pages 00520-1. to 00520-.10, inclusive); 2. Notice to Proceed \(page -00550=1);� 3. Public Co struction Bond (pages 00610`-;1 to 00610-3, inclusive); 4. Sample Certificate ofL-iability,lnsurance (page 00620-1); 5i.,` Contractors 'Applica/ion for_Payment (pages 00622-1 to 00622-6 inclusive); `6. `Certificate -of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor sYFinal'Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page -00634-1): 9. General Conditions (pages 00700-1 to 00700-45, inclusive); 10. Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet and sheets numbered 1 through 54, inclusive, with each sheet bearing the following general title: CR 512 RESURFACING & SHOULDER WIDENING and drawings consisting of a cover sheet and sheets @BCL@343F377F.93 00520-6 C:\Users\legistar\HppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@343F377F\@BCL@343F377F.doc numbered TT=1 through GT -3; inclusive, with each sheet bearing the following general title: SIGNALIZATION PLAN SHEET; 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix. A — Indian River County Traffic Engineering Division Special Conditions for Right -Of -Way Construction Appendix B — Indian River County Fertilizer Ordinances Appendix C — Permits ! ,J 15. CONTRACTOR'S BID (pages 00310-1 to 00310-9, inclusive); 16. Bid Bond (page 00430-1); / 17. Sworn Statement Under Section 105.08, Indian River Co my Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive), 18. Sworn Statement Under the Florida'Trench-\Safety,Act (pages 00454=1 to 00454-2, inclusive); � f ' 19. Qualifications Questionnaire (page 004,56=1 to 00456-4, inclusive); 20. List of Subcontractors (page 10045.8-1,); 21. The following which -may be del ivered.or,issued.,on or after the Effective Date of the Agreement and are\not�attached hereto: �'` a) Written Amendments; b) Work ChangeZirectives; Change, Order(s); :LE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment`of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns @BCL@343F377F.% 00520-7 C:\UsersVegistaWpData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@343F377F\@BCL@343F377F.doc A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close�aspossible to expressing the intention of the stricken provision: / y 10.05 Venue A. This Contract shall be governed by the laws ofit e' -State of Florida�enue for any lawsuit brought by either party against the other party or otherwise arising out of/this Contract shall be in Indian River County, Florida!or;-inthe`,event of a federal jurisdiction, in the United States District Court for the Southern District of`Flo,tida. 10.06 Public Records Compliance \ ' A. Indian River County is a public `agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain -public ` cords`required ;by the County to perform the service. (2) Upon -request from the,ounty s',Custodian of Public Records, provide the County with, a copy` f the requested -records or allow the records to be inspected or copied; within a-reasonable`time at a -cost that does not exceed the cost provided in Chapter �1\19 or -as otherwise provided by law. r (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the-duration''o f' the contract term and following completion of the contract if the _contractor does ni'ot transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records.-iri possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR, HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE @BCL@343F377F.% 00520-8 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyMF 8\@BCL@343F377F\@BCL@343F377F.doc CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(a-ircgov.com Indian River County Office of the County Attorney 180127' Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these require this Agreement. [The remainder of this pag\was left~ blank ince shall be a material breach of @BCL@343F377F.% 00520-9 C:\UsersVegistar\AppData\Local\TempV3CL Technologies\easyPDF 8\@BCL@343F377F\@BCL@343F377F.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY / i By: By: Peter D. O'Bryan, Chairman (C@ntractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest` \ APPROVED AS TO FORM AND,_,'LEGAL\ . SUFFICIENCY: B \\ y. Dylan Reingold, County Attorney `` ` \\ Address forgiving notices: Jeffrey R. Smith, Clerk of Court. and Comptroller\ License No. Attest: (Where applicable) D`e,puty Clerk-,-, \ (SEAL)/ --- Design, at'ed SEAL)/---Designated Representative: Name:`James W. Ennis•, P`'E.,\PMP Title: Couhty_Engineer, 1801 27th Street Vero Beach, Florida 32960 ,! (772) 226-1221 - r Facsimile: (772) 778-9391 Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * @13CL@343F377F.gb7. 00520-10 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@343F377F\@BCL@343F377F.doc INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 7/2/2018 RE: Elite Trust & Escrow Company LLC's Request for Release of Easements at 2070 94th Court, 2065 94th Avenue, and 2075 94th Avenue (Vero Tropical Gardens Unit 1) It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of July 17, 2018. DESCRIPTION AND CONDITIONS The County has been petitioned by Elite Trust & Escrow Company LLC, owner of four adjacent lots at 2070 94th Court, 2065 94th Avenue and 2075 94th Avenue in Vero Tropical Gardens Subdivision Unit 1, for release of common rear yard 10 foot drainage and utility easements on the lots. The purpose of the easements release request is to allow for construction of a stormwater pond on the lots in conjunction with site development of an adjacent commercial parcel (see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easements. Therefore,.it is..staff s position that the requested easements release would have no adverse impact to drainage or to utilities being supplied to the subject property or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the common rear yard drainage and utility easements described in the resolution. ATTACHMENTS Map(s) depicting easement proposed for release. Proposed County Resolution Releasing Easement. ease.bccmemo proj./appl. no. 2018040186/81738 98 +trxl'�3i� t 2 o iII° W C u .� �° ° Wff.k ti t�`�S°E C2eW� 4. 1YxW ; 4,041 , 4 gbn^� �Ztv3 U �"�Sxy"i< �`�` S i�;��� .�, a '+." ,I ' WE6°` ° x3i38�x R WP h ,�0R xS W ZWoy Y�«; � ��ERR al�� � o.'+. 8m ¢viE o h w:,�a a �i21n, � � W<C �m'U `• `J'�'� a i =.i MRS'-� WW+£ � 80¢ ver : � o `��•��$S �i as � r a y}w; v Wy. wW EA11uu a>�220. C ^'+r y¢j" c¢W wyY,ti' ¢ R a�vraG B RW $ Vf ¢ `!x� W°• y Q k e. ,•4.:N y y q ��^�� a ¢? .SiQ.e°,. e a ow g v o� ., : \ i oo .. .ax r oo �5 C�'. W eSA 8 °a c i WwH rz. w.:V"a:.`,e CZ g E W W 2 fi e� ��Lt.'m i: �Z`,i'�W yE2x.:e�kw € II H a.d3 aW 8�t` S :S m O � � I V I 4 � I ltj � i c~ip2 i b 8 W 1 o � ti? � 6 �. T/•r tu �/ 'xW � A Pr ' .a E < I.� a N ^ .a w� •ar ` u P/ Pt Pr C3 Gi �1 N R _ e • n w -r� ye• n . r, er e . + • e a w' r . + . i? 4 2 k ' o E N$� E° c a z 8+ � Y - 'b 9 :�` � e Y .tt 7 • g Y 8 I HRma 'pw � p1 '3AVW :. • SAN.- tiff/+ @�yb uodg �: W ?Nei Via+ s Y ,a� a 'c x �• u a W .711 C, er e�.N rr vt 6F/ �:ti rw Pr + + + a h R R _ _ u „ • ff ¢ .w E N Q a w w$ r9frLnr L�3.N i.F+ 8 +�a. 2 W w. .or / IR h �f lL� Qt... 1 9s �� 1° / Flo //, SITE 8.1 APPROMMAiE'LOCR1fON OF .�oaj2r� PROPOSED tRRiGAiION NEl1 AND PUMP. / I � Z8 7515' c.�rnoanr I / SILT FENCE AT MPOW )EDJL 4 SKEET Q ver ATTACHME '401 RESOLUTION NO. 2018 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING EASEMENTS ON LOTS 6, 7, 12 AND 13, BLOCK A, VERO TROPICAL GARDENS SUBDIVISION UNIT 1 WHEREAS, Indian River County has an interest in drainage and utility easements on Lots 6, 7, 12 and 13, Block A, of Vero Tropical Gardens Subdivision Unit 1; and WHEREAS, retention of the easements, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easements: the east ten (10) foot drainage & utility easements of Lots 12 and 13 and the west ten (10) foot drainage & utility easements of Lots 6 and 7, Block A, Vero Tropical Gardens Subdivision Unit 1, according to the plat thereof recorded in Plat Book 4, Page 75 of the Public Records oflndian River County, Florida. a This release of easements is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of 2018, by the following vote: Chairman Peter D. O'Bryan Vice -Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this day of , 2018. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA an Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk 101 RESOLUTION NO. 2018 - APPROVED AS TO LEGAL FORM: County Attorney ease.bccdoc proj/apl. no. 2018040186/81738 Cc: Applicant: ELITE TRUST & ESCROW COMPANY LLC (TR) 225 S WESTMONTE DR STE 2040 ALTAMONTE SPRINGS, FL 32714 102 INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 7/3/2018 RE: Ronald and Patricia Strunk's Request for Release of a Portion of an Easement at 2095 43rd Avenue (Golf Acres Subdivision) It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of July 17, 2018. DESCRIPTION AND CONDITIONS The County has been petitioned by Ronald and Patricia Strunk, owners of a lot at 2095 43rd Avenue in Golf Acres Subdivision, for release of a 12 -foot wide portion of a 24 -foot wide easement on their lot. The purpose of the partial easement release request is to allow for an existing detached building and driveway in the portion of the easement proposed for release (see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested partial release of easement. Therefore, it is staff's position that the requested easement release would have no adverse impact to drainage or to utilities being supplied to the subject property or other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the 12 -foot wide portion of the 24 -foot wide easement described in the attached resolution. ATTACHMENTS 1. Map(s) depicting easement proposed for release. 2. Proposed County Resolution Releasing Easement. ease.bccmemo proj./appl. no. 2018050176/81987 103 O t K z 0 U) (n UD ) (n ALJ LL —i 0 I 3N11 N011035 C9 r Dove, --\I I -V. W > o w OD M d ik or 'T dou to W 0-5. 7,0 a) LL s ACO. Ke 3N11 N011035 C9 r pail.. W > o OD M d ik or dou to ACV. 00 q - M/M.OG -3-nS w N3AV ,vt, S n O W w W w w (L i > 'i;L", 4. f 6 z W > o OD w d ik or dou LL s ACO. Ke 00 q - M/M.OG -3-nS w N3AV ,vt, S n O W w W w w (L i > 'i;L", 4. f 6 z � ' t I Ma �+I � =�4 ��.€�s5e�s:dW.. :sa3��ne• .apsa: - ��5;��� a g � W ZA 4 t f lU r anuUAV U£TI ._ --F------- _ 8NM NOUQ-TS— "-1 t (14)18.601 (.LV-1d),00.0t I m R' A w) s6•arl ).l,vTd),00•srl a sb.w�oos aII �3af o � I � � .4S �nN�Avmtaesirvuvix�tns 0u0 °ed O /M3 ;iPoYHi (ZOOM xHO,I S i a, a wy� 3a. n C ? m S O 7 r 1'bf ui �C A a � O z COO) a w *-•t N O y z w � A d x e U a�4 �Uw � y aFaz� a a�Na� ozN�� xCaz W O � U '•'I F, d F�Qp4 V w¢7�x Ua¢�nU (14)18.601 (.LV-1d),00.0t I m u OE R' n � � --- w) s6•arl ).l,vTd),00•srl a sb.w�oos aII �3af w?auo � roll 1 .4S �nN�Avmtaesirvuvix�tns 0u0 °ed O /M3 ;iPoYHi (ZOOM xHO,I S i a, a wy� 3a. n C ? m S AYM3AHtO 8mjmOJ 7 r 1'bf ui �C u OE o N n o • n � � --- w) s6•arl ).l,vTd),00•srl a sb.w�oos aII �3af w?auo � roll -- a1 ww 0u0 °ed O a, 0 u s8 i� gg u to O cW z roll -- a1 ww 0u0 °ed wy� a amlIT AVM 30 .LHDIH wz z x 'M 7 wze.. rte+ o m MQM H Q � F 1�" d W Q z a�iao R W a� 0. ° F �wa3Q�r+� i3O w li H OFaF�ii 20 Lvwi: �ZFtA ri riC J u a z -- a1 ww 0u0 °ed wy� W Q z a�iao R W a� 0. ° F �wa3Q�r+� i3O w li H OFaF�ii 20 Lvwi: �ZFtA ri riC J RESOLUTION NO. 2018 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A PORTION OF AN EASEMENT ON LOT 20, GOLF ACRES SUBDIVISION WHEREAS, Indian River County has an interest in an easement on Lot 20 of Golf Acres Subdivision; and WHEREAS, the retention of a portion of the easement, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easement portion: the north twelve (12) feet of the south twenty-four (24) foot wide easement of Lot 20, Golf Acres Subdivision, according to the plat thereof recorded in Plat Book 7, Page 79 of the Public Records of Indian River County, Florida. This partial release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of 2018, by the following vote: Chairman Peter D. O'Bryan Vice -Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this day of 2018. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk 106 RESOLUTION NO. 2018 - APPROVED AS TO LEGAL FORM: County Attorney ease.bccdoc proj/apl. no. 2018050176/81987 Cc: Applicant: STRUNK, PATRICIA ANN & RONALD GORDON 188 OWENS DR LAKE CITY, TN 37769 107 ?` . CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: July 9, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator i Bid Documents Downloaded by: Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2018065 —Annual Bid for Sanitary Sewer Services BACKGROUND: The Department of Utility Services requested the solicitation of annual bids to establish firm fixed pricing for services to prevent sanitary sewer overflows that may occur, especially following emergency events such as hurricanes. Services would typically involve pumping sewage from a lift station that has lost power and transporting the sewage to another lift station. Other services included in the bid are cleanout of storm drain and catch basins and providing supplemental vacuum trucks. The term of this bid is one year, with the option for two additional one-year renewals, subject to vendor acceptance, satisfactory performance and staff's determination that the renewal would be in the best interest of the County. BID RESULTS: Advertising Date: June 4, 2018 Bid Opening Date: June 26, 2018 Demandstar Broadcast to: 452 Subscribers Bid Documents Downloaded by: 23 Vendors Replies: 6 Vendors 108 Tanker Tanker Clean Storm Truck <_ 3 Truck > 3 Vacuum Drain Bidder's Name Location miles/ miles/ per Truck/ /Catch per gal '/: mile per hour Basin/per hour Meeks Plumbing, Inc. Vero Beach $0.12 $0.005 $160.00 $150.00 Reliable Septic & Services Vero Beach $0.18 $0.03 $150.00 $150.00 Hinterland Group, Inc. Riviera Beach $0.08 $2.50 $240.00 $240.00 Envirowaste Services Group, Inc. Miami $0.24 $0.03 $225.00 $225.00 108 CONSENT ANALYSIS: The department has determined all six vendors have met the specifications of the bid. Due to the unknown amount of need, or what geographical areas may be impacted and unable to respond in an emergency, staff recommends all six firms be awarded the bid. All six vendors were referenced against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database, with no issues found. SOURCE OF FUNDS: Funds for emergency repairs after a hurricane are allocated after expenses have been incurred, and are not currently available in departmental accounts. Expenses for sanitary sewer services following Hurricane Irma were: Vendor Tanker Tanker Reliable Septic & Services Clean Storm $24,345 Truck <_ 3 Truck > 3 Vacuum Drain Bidder's Name Location miles/ miles/ per Truck/ /Catch per gal /mile per hour Basin/per hour Shenandoah General Construction Co. Pompano Beach $0.35 $0.35 $225.00 $205.00 Vacvision Environmental, LLC Tampa $1.00 $0.25 1 $325.00 $325.00 ANALYSIS: The department has determined all six vendors have met the specifications of the bid. Due to the unknown amount of need, or what geographical areas may be impacted and unable to respond in an emergency, staff recommends all six firms be awarded the bid. All six vendors were referenced against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database, with no issues found. SOURCE OF FUNDS: Funds for emergency repairs after a hurricane are allocated after expenses have been incurred, and are not currently available in departmental accounts. Expenses for sanitary sewer services following Hurricane Irma were: Vendor Billing method Total billed Reliable Septic & Services Per.gallon hauled ($0.15) $24,345 Meeks Plumbing, Inc. Pergallon hauled ($0.15) $12,450 Southeast Services Hourly ($185) $2,127 RECOMMENDATION: Staff recommends the Board award bid 2018065 to: Meeks Plumbing, Inc., Reliable Septic & Services, Hinterland Group, Inc., Envirowaste Services Group, Inc., Shenandoah General Construction Co., and Vacvision Environmental, LLC. Staff also recommends the Board approved the sample agreement and authorize the Chairman to execute it after approval by the County Attorney as to form and legal sufficiency and receipt of the required insurance. Attachment: Sample Agreement 109 Sam'ple Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: i Moving sewage by truck between locations ARTICLE 2 -THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: I Project Name: Annual Sanitary Sewer Services Bid Number: 2018065 Project Address: Countywide ARTICLE 3 - Term ' I The term of this agreement shall be one year,'with two (2) additional one (1) year renewals available, subject to vendor acceptance, satisfactory performance, and staffs determination that a renewal would be in the best interest of the Count ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to work completed and at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. ARTICLE 5 - PAYMENT PROCEDURES I 5.01 Owner shall make monthly payments CONTRACTOR. I ARTICLE 6 - INDEMNIFICATION i based on invoices submitted and for work completed by 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,' recklessness, or intentional wrongful misconduct of the i I Page 1 of 11 110 CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the otherterms and conditions of the Contract Documents. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents; and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents Page 2 of 11 111 A. The Contract Documents consist of the following: (1) This Agreement (pages 1to_, inclusive); (2) Certificates of Liability Insurance (3) Invitation to Bid 2018065 (4) Addenda (number 1); (5) CONTRACTOR'S Submitted Bid Form (pages 11 through 12 of 28); (6) CONTRACTOR'S Submitted Drug Free Workplace Certification (7) CONTRACTOR'S Submitted Affidavit of Compliance (8) CONTRACTOR'S Submitted Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (9) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns Page 3 of 11 112 A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractorshall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. Page 4 of 11 113 B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, Page 5 of 11 114 terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24,1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be -liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act: Page 6 of 11 115 (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Energy Policy and Conservation Act–The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. E. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Owner, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. F. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Page 7 of 11 116 G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, http://www.epa.gov/cpg/. The list of EPA -designate items is available at http://www.epa.gov/cpg/products.htm. H. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. I. Department of Homeland Security (DHS) Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance may be used to fund the contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities.to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. M. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. Page 8 of 11 117 (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (S) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: Page 9 of 11 118 (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. ,Page 10 of 11 119 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Attest (Contractor) (CORPORATE SEAL) By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Address: Phone Email License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Add ress: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Page 11 of 11 120 t INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director I FROM: John W. McCoy, AICP; Chief, Current Development DATE: July 5, 2018 I SUBJECT: Lost Tree Preserve, LLC Request for Final Plat Approval for Lost Tree Preserve PD, Phase 1 [PD -10-08-01 / 99040238-80798] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 17, 2018. DESCRIPTION & CONDITIONS: The Lost Tree Preserve PD, Phase 1 is, the first phase within the Lost Tree Preserve planned development (PD) project. The overall Lost Tree Preserve PD is located immediately west of the FEC railroad between 65th Street and 691h Street consisting of 453 units on 214.64 acres resulting in a density of 2.11 units/acre. The Phase 1 final plat area is located in the northeast corner of the overall project, is adjacent to 69th Street, and consists of 82 lots on 54 acres (see attachment #2). The property is zoned PD (Planned Development), and has an L-2 (Low Density 2 up to 6 units per acre) land use designation. , On December 9, 2010, the Planning & Zoning Commission granted preliminary PD plan/plat approval for The Lost Tree Preserve PD which included a phased approval for 453 units. Subsequently, on January 26, 2017, the Planning & Zoning Commission approved a revised and updated phasing schedule which shows planned developer for the overall PD through 2027. The applicant is now seeking final plat approval for Phase 1, having obtained a land development permit and commenced construction of the project. At this time, the applicant has built 97% of the required improvements that serve the Phase 1 area,'is proposing to "bond -out" for the remaining 3% of the required improvements, and has submitted the following: 1. A final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; I 3. A Contract for Construction for the remaining required improvements; and 4. A Cash Deposit and Escrow Agreement and $74,100.69, cash. The Board is now to consider granting final plat approval for The Lost Tree Preserve PD, Phase 1. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4C258760\@BCL@4C258760.rtf 121 ANALYSIS: Some, but not all, of the required improvements for The Lost Tree Preserve PD, Phase 1 have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "bond -out" for the remaining 3% of required improvements (utilities, roadways, and landscape). Public Works, Planning, and Utility Services have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The proposed security arrangement, which represents 125% of the estimated cost to construct the required improvements, has been reviewed and approved by county staff. All improvements within Lost Tree Preserve PD will be private, with the exception of certain utility facilities. Those utility facilities will be dedicated to, and guaranteed to Indian River County as required through the final plat and certificate of completion process. In addition, a warranty and maintenance agreement will be required for the roads and stormwater improvements, prior to issuance of a certificate of completion. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for The Lost Tree Preserve PD, Phase 1. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout 4. Contract for Construction of Required Improvements 5. Cash Deposit and Escrow Agreement C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4C258760\@BCL@4C258760.rtf 122 4� PA Tom" i D t. Tv' .., ,P.""2 n ar ,- i' a�. T.e. #� rx�4il � s �J .� rrelbdmary goit: Zko c:vdo the P rx ! : s= vPH=rwtL p I+Tr.xvE: Lost Tree Preserve PD, Phase 1 Yin � 10— 08 — 01 �#. Lost Tree Preserve, cc040238 PROM'TY O'4 NRL— (1 -„EASE P AOrf Lost Tree =reserve, LLC WMIE 3399 PGA Blvd. Suite 240 A�D�S Palm Beach Gardens, FL 33410 r -TI'S”, FLUB, VP .. . 561-526-9711 PHON-2 NUMBER t; ix;-y=.+.r7@Comcast net jr SLAM ADMWS Cha6as M. Bayer, Jr. CoinAcr vatwN PROTECT BfOINEEiL (Fti21 ASF PRINT) Masteller and Molar, Inc. NAMIF. 1355 27th Street, Suite #2 Vero Beach, FL 32950 Y, STATE, .gyp 772-567-6300 PIKE IU ER SEMOLER@bellsouth.net .0'-.r)WLWSq Slzt,err E. MoW, P.E. WNW.G`1' PERSON APPLICANT (PLEWSE Stephen R. t � o c);i NAIAE 4455 A -1-A, Suite 234 ADDRE3u Vero Beach,► -r_ r,......,..._ . CTIA? STATE, ZIP 772-473-0393 P}9Oi E NUMER SRM5127@gmall.com EWUL ADDRM Stephen R. ii:Helchior! CC?WACiPERSON AGENT (PLEAuE F=ql) Stephen R. Melchior! MATO 4455 A -1-A, Suite 234 ADDRESS Vero Desch,r L 32963 CITY, STATE, ZIP 772--473-0393 PT±ONRNUS. SRMS127@gmail.com B'DI IL ADDRBS5 Stephen R. Melchlon CON"TACTPP WN OP OWKW OR ACIr.NT nToc-mnr,Wj- DciaWpnftMPPT.:CATlO13 Tm1)cvVAAafi=\M XP*C Rc3sedX72016 ? iora 123 ATTACKNEW 1 TAX, PARCU M 4(s) 017 SMECT PROPERTY: PROPERIT rIwSIFlCxrI0*-N,(-,;): 31-39-10-00000-3000-000-11 -0.0 F)D L-1 54+/- 217 TOTALFROJECTAMRAM: PROPC � I MD sr -rE un�.-spv-ND vmsuY (a.g. c Residential 389: S/F 64 fVW A -Tl:r, fry owing items owe he aueaked to tineet o IT11cfeft.: f044t,,puj &,Sju -.h X Irthe 3P.A.,orut IM other fwM tilt ownw-(s), awwu stat omovof AIIihCy4zxd,%-j. from tht ovmw, Q11 F2q. Two deeds &.psi a ver-ified starta uPWnS MV ilieu4idual havina; 1.30 or, orpultiblo arvamship in tho PmPe-dr, if vmui iny -qaimpor4on, 1wryide the Llimas atm xdcl:rass a.^ iwmh sL-c!4rj1dcr owning r0mv 6ju- 10% of th'a v4m of outsWidbasg co�por*Uvn ;hms; On FP3, Two capits of the *wnet's taco &d w-emut-, dccd; X A elvek, L -.o -.&y a -Mer or cash mr-da payablo W'U-I-*.Zjt R:Vvr.. coot �.": p'nq Mevolo j 00 PM -ap qm Ic' than 20 was S2075.00 U -4c r"oras 2475.03 over; 40 acres 2575.00 Ftellmin-wy PD Plar. ItsS u awn 20-40 wts ovix 40 amos OVUM 50.00 for cuh addiflowd 25 wres!gve Find ri) P'ns $1400.00 For concurmat applicationS; on3bine the appropriate fta "d uubiract $400.00. X— Tc-, a et3 of comp !do Cc i te q.b* 'I'mik *my or Firal PD (Ift a 1144 plass must be , z i Six d and maleci by it tuf vqvor), Mw i as „r --r CliapItt 915, P, ir.uxnt to the tnv of aairoval b-chiS. mquesW NIA ;may rquiMmenz. of Ibex --woIng or vuM.N.'sSlon or-81mce "06ch te apr,!!Qud !s rmub.-Muz to ba (.arch as nth-Amum la,.VMth wd sizg, *wt fkawm�p rcajism"rau, Stnblicks" vic.), shzU be clef-dy ! i er 9M the xrdvm Mqw 6 , an ;w r4k%AM by arAtW and paraVeaplh umber., togetb villi tLo -tillwAla to attached 'fdlftL 124 ,%Mrshy , fcArmmo;,D),F vrpurwkwslvo Comm R074W APSIt 2616 ATWHIAENT I hem.ked rc. *M. t) 40. I!cW.cm for coccepot i or co w -r t appkadzu NLA I wasi ef flow PMAS mdlatr. or. for comm=141 or upld4 buil SS. 0r F-11St ns and T'"r._'t00gh u0, Pwtc . Sip 'or Fiard from developer providing th kms for nehimligg the- 75 mn� odon tbrtwid for tho ov=U sui 9Www 11m CONSTRUMION COQ` "E - BUILT 013T; CcrOcaft of �:gp.ii;�yr��(spi a� ro ofttr t;. 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WZ• y A -ell _as •� 1 sera-szn-e ppaa3s � I tl • �= � Q .Z` J I 37C i0 3Mi 153M11 � i>i• ( I Vl i I Q Q O�Ij I WVd 3.1= AV YJf i11 NB .W, ,d?w : MI6 � l: I e$! ip t u i 1 SS d I a n a H s °� i jor-: I i i I a 4�1-"romp I a Ma731�335 -- �l•�r� �i�� m�^YZ� .V 3NnN�J 4+W MOUS 33S $ � .8. 3NnHol y Y M Lost Tree Preserve PD, Phase 1 CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. PD -10-08-01 (99040238-80798) THIS CONTRACT, made and entered into this 9th day ,of July,. 2018, by and between LOST TREE PRESERVE, LLC, a Florida limited liability company, hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida,, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or, has guaranteed to the satisfaction of the County that such improvements will be installed; and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Lost Tree Preserve PD, Phase 1; and WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. Developer agrees to construct on or before July 17, 2019, in a good and workmanlike manner,.those improvements described as follows: See Exhibit "A" attached hereto or otherwise required by the Indian River County'Code in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian River County, Florida upon the final approval of the Board of County Commissioners and made a part hereof for all purposes. 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning 134 and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an executed cash deposit and escrow agreement,. in a form to be approved by the County Attorney, between Developer and the Indian River County Office of Management and Budget, as the escrow agent, in the amount of $74,100.69, which amount is not less than one hundred twenty-five percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the escrow deposit shall remain available to the County and shall not be reduced during the course of construction. Developer may at any time substitute guarantees, subject to the approval as to form and amount by the County. 4. Developer agrebs to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements, in an amount of up to $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, including all those improvements to be constructed on existing publicly dedicated or County -owned property, such as street, sidewalk, bikepath, lighting, signalization, traffic control, drainage, water, or sewer improvements. 5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time as the required improvements are satisfactorily completed. Developer shall remain responsible for utility meter boxes to be in good repair and not covered with topsoil, concrete or impervious material for the 1 -year maintenance period commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner. Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. Once the 2 135 required improvements are completed to the satisfaction of County, Developer acknowledges that Developer is responsible for posting a 1 -year warranty for road and drainage improvements as well as utility facilities, if applicable, in the amount of 25% of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to be entered into. The funds posted under this Contract for Construction of Required Improvements will not be released until the applicable 1 -year warranty postings and appropriate warranty agreement and bill(s) of sale are in place. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required,by the Indian River County Code, the Developer, as principal, and the funds in escrow deposit (or any County approved substituted guarantees) shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements and warranty to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. 7. The parties agree that the County at its option shall have the right, but not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the cash deposit (or any County approved substituted guarantees) for the final total cost of the improvements and warranty. Developer shall remain wholly liable for any resulting deficiency, should the cash deposit (or any County approved substituted guarantees) be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any fund other than those provided by the Developer to construct and warranty the required improvements. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property, known as proposed Lost Tree Preserve PD, Phase 1, for purposes of completing the required improvements. If any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be preserved and recited in any document transferring title to Developer's successor and/or assigns. I, 8. Any cash deposit,(or any County approved substituted guarantees) provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by 'reference to any other agreement, 3 136 discussion; or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. WITNESSE 01 sign: print name: c..//- f j sign: print name: Nai-al.•f- Gfema'. APPROVED AS TO FORM AND L AL SUFFICIENCY-, ByGt'� William K. DeBraal Deputy County Attorney LOST TREE PRESERVE, LLC, a Florida limited liability company By LOST TREE VILLAGE CORPORATION, a Florida corporation, its Manager By: Charles M. Bayer, Jr."residqq L/PtV LOPER BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER CO N FLORIDA By: Jason/E. Bqown Coun Ad Inistrator COUNTY Resolution No. 2005-121 projected BCC plat approval date: July 17, 2018 137 NMASTELLER & MOLE. RINC_ EXHIBIT "A" CML ENGINEERS - LOST TREE PRESERVE - PHASE 1 CERTIFIED COST ESTIMATE Description Quanti Unit Unit Price TOTAL Complete $ Value Remaining $ Value Mobilization 1 LS $27,500.00 $27,600.00 1 $27,500.00 0 $0.00 Pond 1 H 4,350 CY $2.95 $12,832.50 4350 $12,832.50 0 $0.00 Pond 2 G 16,273 CY $2.90 $47191.70 16273 $47,191.70 0 $0.00 Pond 3 10,110 CY $2.90 $29,319.00 10110 $29,319.00 0 $0.00 Grade Slopes of Lake "E" 1 LS $7,500.00 $7500.00 1 $7,500.00 0 $0.00 Sod Lake Banks 53,960 SF $0.23 $12,410.80 53960 $12,410.80 0 $0.00 Lot Stabiltzalion 82 EA Subtotal 1 $136,764.001 00.00 $136 754.00 82 $0.00 ON-SITE ROADWAY Quantity Unit Unit Price TOTAL Complete $ Value Remaining $ Value Asphalt 1.50" SP 9.5 12,647 SY $10.50 $132,793.50 12647 $132,793.50 0 $0.00 6" Rock Base 12,647 SY $10.70 $135 322.90 12647 $135,322.90 0 $0.00 &' Stabilized Su rade 15,305 SY $2.75 $42,088.75 15305 $42,088.75 0 $0.00 Entrance Pavers 6,050 SF $5.45 $32,972.50 6050 $32,972.50 0 $0.00 Modified Miami Curb 9,570 LF $10.95 $104,791.50 9570 $104,791.50 0 $0.00 Sod 19,140 SFg$4O.00 $3,425.00 $4.593.60 19140g$4$70,833.30 3.60 0 $0.00 Lot Stabiltzalion 82 EA $36.00 $31280.00 00.00 $792.00 82 $3,280.00 Erosion Control 1 LS $34.70 $5300.00 0.80.00 $13,394.20 0.2 $1,060.00 Pavement Markings 1 LS $38.75 $9 579.10 0.59.55 $29,605.00 0.5 $4,789.55 Street Si ns 1 LS $55.70 $9241.00 11.00 $31,192.00 0 $0.00 RCP Storm - 30" dia 136 LF $65.00 $479 962.85 136 $8,840.00 $9129.55 STORM DRAINAGE Quantity Unit Unit Price TOTAL Complete $ Value Remaining $ Value Control Structure 2 EA $3,625.00 $7,250.00 2 $7,250.00 0 $0.00 T "P" Manhole 2 EA $3,800.00 $7,600.00 2 $7,600.00 0 $0.00 Drainage Manhole 1 EA $3,450.00 $3,450.00 1 $3,450.00 0 TO _00 T "C" Inlet 1 EA $2,350.00 $2,350.00 1 $2,350.00 0 $0.00 T "V" Inlet 3 EA $4,850.00 $14,550.00 3 $14,550.00 0 $0.00 Miami Curb Inlet 27 EA $3,425.00 $92,475.00 27 $92,475.00 0 $0.00 12"x18" ERCP Storm 15" dia. Equivalent) 22 LF $36.00 $792.00 22 $792.00 0 $0.00 RCP Storm- 15" dia 388 LF $34.70 $13,394.20 $86 $13,394.20 0 $0.00 RCP Storm -18" dia 764 LF $38.75 $29,605.00 764 $29,605.00 0 $0.00 RCP Storm- 24" dia 560 LF $55.70 $31,192.0 560 $31,192.00 0 $0.00 RCP Storm - 30" dia 136 LF $65.00 $8,940.00 136 $8,840.00 0 $0.00 RCP Storm - 36" da 401 LF $98.10 $39,338.10 401 $39,338.10 0 $0.00 RCP Storm - 42" dia 22 LF $124.80 $2,745.6 22 $2,745.60 0 $0.00 CAP or ADS Storm -15" dia. 60 LF $28.55 $1.713.00 60 $1,713.00 0 $0.00 CAP or ADS Storm - 24" dia. 550 LF $48.50 $26,675.00 550 $26,675.00 0 $0.00 CAP or ADS Storm - 30" dia. 348 LF $59.00 $20,532.00 348 $20,532.00 0 $0.00 CAP or ADS Storm - 36" da. 686 LF $80.49 $55,216.14 686 $55,216.14 0 $0.00 CAP or ADS Storm - 42" dia. 186 LF $102.00 $18,972.00 186 $18,972.00 0 $0.00 Subtotal $369,440.04 $369 440.04 ON-SITE SANITARY SEWER Quantity Unit Unit Price TOTAL Complete $ Value Remaining $ Value 8" PVC GraAty Seaver 0'-6 D 977 LF $17.88 $17,468.79 977 $17,468.79 0 $0.00 8" PVC GraAty Sewer 6'-8' D 1,528 LF $21.63 $33,050.69 1528 $33,050.69 0 $0.00 8" PVC GraAty Sewer 8'-10' Dee 586 LF $22.88 $13,407.70 586 $13,407.70 0 $0.00 8" PVC GraAty Sewer 10'-12' Dee 908 LF $32.38 $29,401.07 908 $29,401.07 0 $0.00 8" PVC Gra0ty Sewer 12-14' Dee 498 LF $36.63 $18,241.76 498 $18,241.76 0 $0.00 4' Dia. Sewer Manhole 0'-6' Dee 4 EA $2,558.65 $10,234.62 4 $10,234.62 0 $0.00 4' Dia. Sewer Manhole 6'-8' D 8 EA 1 $3,078.65 $24.629.23 8 $24,629.23 0 $0.00 4' Dia. Sewer Manhole 8'-10' Dee 3 EA $3,898.65 $11,695.96 3 $11,695.96 0 $0.00 4' Dia. Sewer Manhole 10'-12' Dee 5 EA $4,372.65 $21,863.27 5 $21,863.27 0 $0.00 4' Dia. Sewer Manhole 12'-14' Dee 4 EA $5 234.65 $20,938.62 4 $20,938.62 0 $0.00 4' Dia. Drop Sewer Manhole 8'-10' Dee 1 EA $5,472.65 $5,472.65 1 $5,472.65 0 $0.00 4' Dia. Drop Sewer Manhole 10'-12 D 1 EA $6,105.65 $6,105.65 1 $6,105.65 0 $0.00 6" Sewer Lateral (Single) 18 EA 6" Sewer Lateral Double 31 EA 6" PVC Force Main 50 LF Lift Station 1 LS 2L L ✓ W - IM $1,085.65 $19 541.70 18 $19,541.70 0 $0.00 $Value $1,350.10 $41853.10 31 $41,853.10 0 $0.00 $18,981.95 $25.00 $1 250.00 50 $1,250.00 0 $0.00 EA $208,160.00 $208 160.00 0.9 $187,344.00 0.1 $20,816.00 I Subtotal 1 $483,314.801 $350.00 $462,498.80 3 $20 816.00 11 ON-SITE POTABLE WATER Quantity Unit Unit Price TOTAL Complete $Value Remaining$Value 6" PVC Water Main 1,007 LF $18.85 $18,981.95 1007 $18,981.95 0 $0.00 6" Gate Valve 4 EA $1,355.25 $5,421.00 4 $5,421.00 0 $0.00 6" Plug3 EA $350.00 $1,050.00 3 $1,050.00 0 $0.00 8" PVC Water Main 3,297 LF $25.00 $82,425.00 3297 $82,425.00 0 $0.00 8" Gate Valve 11 EAR 855.00 $20 405.00 11 $20,405.00 0 $0.00 8" Plug3 EA $405.00 $1,215.00 3 $1,215.00 0 $0.00 Fittings Includes Deflections 1 LS $15,445.00 1 $15,445.00 1 $15,445.001 0 $0.00 Fire H Brant Com tete 4 EA $9,835.00 $39,340.00 4 $39 340.00 0 $0.00 Water Service 1" dia. (Single) 17 EA $1,320.00 $22,440.00 17E$275 $22,440.00 0 $0.00 Water Service II/P dia. Double 37 EA $1,755.00 $64,935.00 37$64,935.00 0 $0.00 2" Blow -Off 3 EA $1,250.00 $3,750.00 3$3 750.00 0 $0.00 Subtotal $275407.95 407.96 $0.00 Page 1 of 2 M W ASTELLER & MOLER. INC. M� CIVIL ENGINEERS - LOST TREE PRESERVE - PHASE 1 CERTIFIED COST ESTIMATE LANDSCAPE Quanti Unit Unit Price TOTAL Complete $ Value Remaining $ Value Dahoon Holly 55 EA $112.42 $6,18110 55 $6,183.10 0 $0.00 Southern Maqnclia 30 EA $165.27 $4,958.10 30 $4,958.10 0 $0.00 South Florida Slash Pine 42 EA $273.92 $11,504.64 -42 $11,504.64 0 $0.00 Southern Live Oak 10 EA $626.75 $6,267.50 10 $6,267.50 0 $0.00 Southern Live Oak 8 EA $2,000.00 $16,000.00 8 $16,000.00 0 $0.00 Sabal Palm 51 EA $182.74 $9,319.74 51 $9,319.74 0 $0.00 Red Top Cocplum 802 1 EA 1 $11.53 $9,247.06 802 1 $9,247.06 0 $0.00 Dwarf Firebrush 217 EA $11.53 $2,50201 217 $2,502.01 0 $0.00 Was Myrtle 76 EA $11.53 $876.28 76 $876.28 0 $0.00 Silver Saw Palmetto 138 EA $21.33 $2,943.54 138 $2,943.54 0 $0.00 Blue Porterweed 192 EA $10.05 $1929.60 192 $1,929.60 0 $0.00 Fakahatchee Grass 433 EA $11.53 $4,99249 433 $4,992.49 0 $0.00 Mulch 100 CY $22.00 $2,200.00 0 $0.00 1001 $2,200.00 Sod Bahia 31,100 SF $0.25 $7 775.00 0 $0.00 31100 $7,775.00 Sod St. Au ustine 28,340 SF $0.40 $11,336.00 0 $0.00 28340 $11,336.00 Subtotal $98,035.061 $76 724.06 $21 311.00 OTHER Quantity Unit Unit Price TOTAL Complete $ Value Remaining $ Value 2" Conduit Install Only) 4 000 LF $5.00 $20,000.00 4000 $20,000.00 0 $0.00 Transformer Pad Install Only) 8 EA $165.00 $1,320.00 8 $1,320.00 0 $0.00 3" Conduit 1,000 LF $7.90 $7.900.00 1000 $7,900.00 0 $0.00 Construction Plans & Permitting 1 LS $34,600.00 $34,600.00 1 $34,600.00 0 $0.00 Engineering Construction Inspection 1 LS $38,000.00 $38,000.00 0.9 $34,200.00 0.1 $3,800.00 Engineering Final Certifications 1 LS $2,000.00 $2,000.00 0 $0.00 1 $2,000.00 Survey As -Built 1 LS $9,740.00 $9,740.00 0.90 $8,766.00 0.1 $974.00 Su - Set PCP and PRM 1 LS $6,000.00 $2 500.00 0.5 $1,250.00 0.5 $1,250.00 Subtotal 1 $116,060.001 $108,036,001 1 $8,02400 SUMMARY TOTAL Complete $ Value Remaining$ Value EarthworkandGrading $136,754.00 100% $136,754.00 0% $0.00 On -Site Roadway $479,962.85 98% $470,833.30 2% $9,129.55 Storm Drainage $369,440.04 100% $369,440.04 0% $0.00 On -Site Sanitary Sewmr $483,314.80 96% $462,498.80 4% $20,816.00 On-site Potable Water $275,407.95 100% $275,407.95 0% $0.00 Irrigation $56,920.00 100% $56,920.00 0% $0.00 Landscape $98,035.06 78% $76,724.06 22% $21311.00 Other $116 060.00 93% $108,036.00 7% $8 024.00 TOTAL 1 $2,015,894.701 97%1 $1,956,614.151 3% $59 280.55 PERFORMANCE BOND SURETY AMOUNT (125%) $74,100.69 CERTIFICATE OF COST ESTIMATE 1, Stephen E. Moser, a Florida registered engineering, License No. 33193, do hereby certify to Indian River County that a cost estimate has been prepared under my responsible direction forthose improvements itemized in this e#iibit and that the total cost estimate for said improvements is estimated at $ 74,100.69 This estimate has been prepared, in pa ,t,4ai N4q%Vproval by the County of a final plat for the Lost Tree Preserve - Phase 1 project, and for the purpose of i est g proper sura` gadt ppGia�tl' V .,',, 1`�GGte i Q �.A Stephen E. Miler, PL', FCAZ3193W4 33123 Vice President Z STATE OF Page 2 of 2 139 Lost Tree Preserve PD, Phase 1 I CASH DEPOSIT AND ESCROW AGREEMENT THIS AGREEMENT is entered into thisgth day of July, 2018, by and between LOST TREE PRESERVE, LLC, a Florida limited liability company, the owner of the property being platted. as Lost Tree Preserve PD, Phase 1 (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY): I WETNESSETH: WHEREAS, Developer is effecting development of land within Indian River County and is required to provide security supporting a contract with the County for the construction of certain required I improvements related thereto; NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer has tendered to the County Office of Management and Budget (Escrow Agent) the sum 'of Seventy -Four Thousand One Hundred and 691100 Dollars ($74,100.6.9), the Ireceipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations set forth in the aforementioned Contract for Construction of Required Improvements, which agreement is attached hereto and incorporated herein by reference (Contract). 2. Upon completion, the Developer may obtain a disbursement from the escrow account by making a written request to the Board of County Commissioners of Indian River County through the County's Public Works Director. The request shall specify the amount of disbursement desired and shall be accompanied by a sealed certificate from Developer's engineer describing the work completed, the actual cost thereof, and that the work for which disbursement is requested has been completed in accordance with County policies for construction as those policies relate to location, method, and type of construction. 3. Disbursement shall ,occur only after issuance of a Certificate of Completion in accordance with the Indian River County Code. 4. Within seven (7) working days after receipt of a disbursement request, the Public Works Director shall cause an inspection of the work for which payment is sought. If the Public Works Director is satisfied in all respects with the work, the accompanying cost estimates and certifications, the Public Works .Director shall deliver a written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to the party that posted the funds, 1 140 or its legal representatives, successors or assigns, absent bankruptcy, court order, dissolution or an assignment. 5. Upon default by Developer under the Contract, the County may elect to pursue any of the remedies made available therein. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County in accordance with the Contract. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has defaulted under the Contract and that said funds are necessary to complete the required improvements. All funds disbursed to County in excess of the final amount determined necessary by the County to complete the required improvements shall be returned to the party that posted the funds, or its legal representatives, successors or . assigns, absent bankruptcy, court order, dissolution or an assignment. 6. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed at close of escrow. 7. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services for construction of the required improvements, while such funds remain subject to this escrow agreement, unless and until the County shall agree otherwise in writing. The County shall not be. liable to any of the aforementioned parties for claims against the Developer or contractor relating to the required improvements. 8. This Agreement, together with the attached Contract, is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereon or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The date of this agreement shall be the date of approval by the County, as first stated above. LOST TREE PRESERVE, LLC, a Florida limited liability company By LOST TREE VILLAGE CORPORATION, a Florida corp% ation, its Manager By: zo Charles M. Bayer, r., Pr id eveloper 141 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA M OFFICE OF MANAGEMENTANDBUDGET By: /Iv. J(® Michael Smykowski, OMB Director APPROVED AS TO FORM AND SUFFICIENCY- By William K. DeBraal Deputy County Attomey Jason F. B Coun Adl County Authority: Resolution No. 2005-121 142 ►Ai CenterState 1101 First Street South Winter Haven, FL 33880 CASHIER'S CHECK NOTICE TO CUSTOMERS THE PURCHASE OF AN INDEMNITY BOND MAY BE REQUIRED BEFORE ANY CASHIER'S CHECK OF THIS BANK WILL BE REPLACED OR REFUNDED IN THE EVENT IT IS LOST, MISPLACED OR STOLEN. REMITTER PAY SEVENTY-FOUR THOUSAND ONE HUNDRED AND 69/100 TO THE INDIAN RIVER COUNTY ORDER OF PURPOSE LOST TREE PRESERVE -FINAL PLAT BOND Branch: 18 3=1403 631 DATE July 9, 2018 $*****74,100.69 NON NEGOTIABLE CUSTOMER COPY 143 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Vision: To be the Healthiest State in the Nation Rick Scott Governor Celeste. Philip, MD, MPH Surgeon General and Secretary 9N N FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY July 11, 2018 Jason Brown, County Administrator Indian River County Board of County Commissioners 1801 27th Street Vero Beach FL 32960 RE: 2018-2019 Fee Schedule (Effective August 1, 2018) Dear Mr. Brown: Please find attached the proposed FY 2018-2019 fee schedule for the Florida Department of Health in Indian River County for your review and formal approval by the Indian River County Board of County Commissioners. Under Section 154.06 Florida Statutes, "Each county may establish, and each county health department may collect fees for primary care services provided that a schedule for such fees is established .by resolution of the board of county commissioners or by rule of the department respectively. We have provided an updated itemized fee schedule for all health department services. Please feel free to call me at 794-7450 if you have any questions. We will be available to the commission when the fee schedule is presented. Sincerely, Miranda. C. Hawker, M.P.H. 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O. c d E c d >, N . c C c d m em d O. d c d c d H y S V o L d N o0 c 7 d d u x 4 E m O. d d y m d d u d u LL LL O Y O Q C ._ H E 3 _ m V O V V L .. d O V d •. a V U 7 N _ {A m d O V d L W W Z 01-5 U uv Q Q r- Florida Department of Health in Indian River County Environmental Health Fee Schedule FY 2018/2019 152 Well Permit - Irrigation 50 75 Well Permit -Drinking Residential 75 110 Well Permit - Drinking Public 250 250 Monitoring Wells 100 100 Well Abandonment 25 25 Well Site Visit/Locating 75 Well Reinspection 50 Well Variance Private/Public 100 100 No Well Application Double Permit Fee Double Fee Double Fee Additional County Fee Sample Collection 50 50 Water System Review/Sign-off/Letter ' 20 Additional County Fee Limited Use Initial and Annual 50 Limited Use Annual Water Collection and Lab 250 290 Addition Limited Use Reinspection Fee 50 50 Limited Use Late Fee 25 50 Limited Use Well Sanitary Surve /Environmental Assessment 150 150 Additional County Fee Swimming Pools up to 25,000 50 Additional County Fee Swimming Pools over 25,000 50 Exempted Swimming Pools 50 Pool Reinspection Fee per reinspection 50 50 Bathing Lake Fee Collection Plus Lab 30 Swimming Pool Late Fee 25 50 New OSTDS County Fee 60 Modification OSTDS County Fee 60 Repair OSTDS 50 Additional Reinspection Fee OSTDS/Mound Inspection 25 Additional Abandonment Fee 30 Additional Variance Fee Residential or Commercial 75 Plan Review Fee /Stamp Plans 35 Timed Inspection OSTDS 150 100 Existing System County 35 OSTDS Managed System Fee/Annual Operating 50 152 OSTDS Septic Disposal/Portable Toilet Service 50 OSTDS(Work without permit or after construction begins) Double Fee Double Fee Plan Review Fee Minor 25 35 Plan Review Fee(Major) Per Hr. 75 75 Major Site Plan Amendment/Revised 25 35 Additional Late Food 25 Food Reinspection First Ins ection/Iris ection Request 50 50 Additional ALF/Residential Food 45 Additional School Food 45 Additional Civic Food 45 Additional Detention 45 Additional Bars 45 Additional Food Plan Review 75 75 Tanning Facility Plan Reviews 75 75 Tanning Reinspection Fee 50 50 Tanning Late Fee 50 Body Piercing Reinspection Fee 50 50 Tattoo Reinspection 50 50 Group Care Plan Reviews 75 75 Group Care Voluntary 50 75 Group Care ALF/Residential 50 100 Group Care Reinspection 50 50 Group Care Schools Private or Charter (up to 250,1000 75 Group Care Late Fee 25 50 Housing and Public Buildings/An Inspection /Sanitation 50 50 Indoor Air Quality Residential/Commercial Per Hr. 150 150 Haz. Waste AssessmentAns ection Small Quantity Generator 50 50 Environmental Assessment 150 150 Additional Migrant Housing 5-50 50 Additional Migrant Housing 51.100 75 Additional Migrant Housing > 101 100 Migrant Reinspection 50 50 Migrant Plan Review 75 75 Migrant Late Fee 25 50 Additional Mobile Home Park Fee up to 25 50 Additional Mobile Home Park Fee up to 25.149 50 Additional Mobile Home Park Fee over 150 50 Mobile Home Park Late Fee 25 50 153 Temporary Campground Plan Review/MHP Plan Review 75 75 Demolitions Single Family 75 75 Demolitions Commercial <3000 sq. ft.l>3000 sq. ft. 100/150 100/150 Demolition Reinspection 50 50 Grease Trap Construction 75 75 Grease Trap Annual Operating 50 50 Laboratory Fees 5-25 25 35 Double Fees (operating without a permit all programs) Double Fee Reinspection/Non-Compliance Inspection 50 50 Research/Report/Plus Staff Cost Per Hr. 10 10 Training Fee Per Hr. 25 Rabies Low Risk or Request for Testing 110 Child Care Inspections 100 0 Sharps Disposal Containers 3.00/4.00 0 154 RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, TO ADOPT A 2018/2019 FEE SCHEDULE FOR THE FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER. WHEREAS, the Indian River County Health Department has proposed a new fee schedule to become effective July 17, 2018, as set forth more fully in Exhibit "A" attached hereto; and WHEREAS, section 154.06(1), Florida Statutes, provides that the Indian River County Board of County Commissioners must establish the fee schedule by resolution , NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Effective July 17, 2018, all fees set forth on Exhibit "A" are established for use by the Florida Department of Health in Indian River. Such fees shall remain in effect until further resolution of this Board. This Resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of , 2018. Attest: Jeffrey R. Smith Clerk of Court and Comptroller By Deputy Clerk Attachment: Exhibit "A" INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS LIM Peter D. O'Bryan, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY 155 { r, Leslie R. Swan Supervisor of Elections Indian River County MEMO To: Indian River County Board of County Commissioners From: Leslie R. Swan, Supervisor of Elections Date: July 9, 2018 Subject: Federal Elections Security Grant Under the Help America Vote Act Pursuant to the Omnibus Appropriations Act of 2018 enacted on March 23, 2018, $380 million in grants were allocated to States to improve the administration of elections for Federal office, including to enhance technology and make certain election security improvements. Funds provided under this agreement shall be used for the following: 1. Federal Election Administration Activities–The purchase of services and/or products that do the following for the 2018 Primary and/or General Elections: • Strengthen the implementation of cybersecurity for elections systems • Enhance election technology • Facilitate cybersecurity training for local election officials • Implement established cybersecurity best practices for election systems • Continue election administration activities including, but not limited to, voter education, poll worker training, and standardizing elections results reporting 2. The purchase of services and/or products that do the following for the 2018 Primary and General Elections • Upgrade election -related computer systems to address cyber vulnerabilities Indian River County has between June 20, 2018 and July 18, 2018 to submit an application for these grants. No later than November 6, 2018, General Election Day, Indian River County shall have expended and/or encumbered for services and/or products to be used or implemented. A condition for receiving the grant is to have a completed "Certificate of Equipment for Casting and Counting Ballots" (DS -DE 135, Effective 8/16) signed by the Chairman of the Board of County Commissioners. This document is to confirm that the IRC Supervisor of Elections has sufficient equipment for casting and counting ballots. Since the County just purchased a new voting system in 2017, the Elections Office does not need any additional equipment for casting and counting ballots, therefore, the grant funds can be used for the requirements listed above. L431_5.._43!dAven_ue_ - Ver_o_Beach__FT,32.9h7__I _nffirP-1772) 22r,-_3440 I.EaY ATTACHMENT C MOA 2018-2019-001 Certificate of Equipment for Casting and Counting Ballots We Leslie Rossway Swan Peter D. O'Bryan Supervisor of Elections and Chairperson of Board of County Commissioners, of Indian River County, Florida, do hereby, certify that prior to the receipt and use of funds for the purchase of State -approved or certified (whichever is applicable) emerging or enhancing software or hardware technology, the county has purchased and made available sufficient equipment for casting and counting ballots to meet the needs of the county electors for the next regularly scheduled general election. If the Florida Department of State determines that there is insufficient equipment for casting and counting ballots for the next regularly scheduled general election.as herein certified, we shall return the HAVA funds that were used to purchase other emerging or enhancing software and hardware technology to the State. Supervisor of Ele tions Chairman, Board of County Commissioners Date Date DS -DE 135 Revised 6/18 157 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingott Cotner, Assistant County Attorney Public Hearings -B.C.C. 7.17.18 Ofc of IM/ INDIAN RIVER COUNTY Cu 15fu X17 t". 01111u TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 5, 2018 SUBJECT: Biosolids Moratorium Ordinance BACKGROUND. ATTORNEY Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic sewage sludge from sewage treatment facilities. Class B biosolids contain phosphorus and nitrogen, which promote algae blooms in surrounding estuaries and watersheds. Class B biosolids are currently being land applied in Indian River County, on properties near waterbodies such as Blue Cypress Lake. Blue Cypress Lake is the first lake along the St. Johns River and is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies. There is evidence of significant increases in phosphorus and nitrogen and incidences of harmful and potentially toxic algae blooms in Blue Cypress Lake. There appears to be a correlation between the increases of nutrients in Blue Cypress Lake and the land application of biosolids. It is important to note that per Florida Statute, the land application of Class B biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as a cheap alternative for the disposal and land application of Class B biosolids generated in South Florida. On June 19, 2018, the Indian River County Board of County Commissioners (the "Board"), directed staff to draft an ordinance either prohibiting the land application of Class B biosolids or establishing a temporary moratorium on the land application of Class B biosolids, so that County staff would have time to study the issue. Since that meeting, County staff met with several interested parties concerning the potential moratorium. At the meeting, property owners expressed a willingness to agree to a voluntary cessation of the land application activity for 180 days to allow time to scientifically determine if land application practices are detrimental. Currently, Indian River County has existing zoning regulations pertaining to the practice of "sludge spreading" as provided in Chapter 971.08(10) of the Indian River County Code with codified criteria for sludge spreading such as designated setbacks, reporting requirements, and the need for obtaining approvals. However, the existing Indian River County requirements do not provide for regulatory setbacks or for mandatory distances of Class B biosolids from waterbodies. F.-1AakyVGnda1OENEAAL0 C C%Agenda Mem Wimol!&Uommd= 7ubfk Nearing Ordin=mdm 158 Board of County Commissioners July S, 2018 Page Two Consistent with the direction of the Board, the County Attorney's Office drafted the attached ordinance establishing a 180 -day temporary moratorium on all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, except where determined to be inconsistent with or preempted by state law or regulation. Additionally, the moratorium is imposed upon the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. The moratorium on transportation does not apply to currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill. Finally, under the ordinance, the County Administrator is directed to coordinate with the Florida Department of Environmental Protection and study in depth and report his findings of and any recommendations concerning Class B biosolids land. application activities and its potential adverse effect. FUNDING. The cost of publication of the required public notice for the public hearing was $143.55. 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 Biosolids Moratorium Ordinance F..'WnarneyVndal(;F,Vb 1B COAgendaAfem eBimildsMoraiorium Public Hearing Ordinaace.doc r ORDINANCE NO. 2018 1. - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING A TEMPORARY MORATORIUM FOR 180 DAYS, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT; ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS; AND AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and chapter 125, Florida Statutes, counties have broad home rule powers 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; and WHEREAS, the Indian River County Board of County Commissioners ("Board") specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County; and WHEREAS, Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic sewage sludge from sewage treatment facilities that contain algae supporting nutrients such as phosphorus and nitrogen; and WHEREAS, phosphorus and nitrogen pollution have been a long term problem for surrounding estuaries and watersheds, as phosphorus and nitrogen promote algal blooms, fuel growth of noxious vegetation, and replace the unique natural ecosystem with one which is undesirable to humans and native wildlife; and WHEREAS, the Board finds that the proper regulation of the land application of Class B biosolids is necessary and appropriate to guide the future use, development, and protection of the land and natural resources in the unincorporated areas of Indian River County and within areas within drainage areas potentially affecting conservation lands and the Indian River Lagoon; and WHEREAS, the land application activities of Class B biosolids is currently being conducted on property in Indian River County, in areas near waterbodies such as Blue Cypress Lake; and WHEREAS, Blue Cypress Lake, the first lake along the St. Johns River, is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies; and 160 ORDINANCE NO. 2018 - WHEREAS, there is evidence of significant increases in phosphorus and nitrogen and incidences of harmful and potentially toxic algae blooms in Blue Cypress Lake; and WHEREAS, there appears to be a correlation between the increases of nutrients in Blue Cypress Lake and the land application of biosolids in the unincorporated area of Indian River County; and WHEREAS, the land application of biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as the cheapest alternative for the disposal and land application of Class B biosolids generated in South Florida; and WHEREAS, adding to the present nutrient levels in the St. Johns River Basin may further inflict damage to the health, safety, and welfare of humans and wildlife in Indian River County and the State of Florida; and WHEREAS, Indian River County has existing zoning regulations pertaining to the practice of "sludge spreading" as provided in Chapter 971.08(10) of the Indian River County Code with codified criteria for sludge spreading such as designated setbacks, reporting requirements, and the need for obtaining approvals; and WHEREAS, however; the existing Indian River County requirements do not provide for regulatory setbacks or for mandatory distances of Class B biosolids from waterbodies; and WHEREAS, the Board has determined that the temporary moratorium is needed to study the effects that the disposal and land application of Class B biosolids has on the water resources of Indian River County and to protect water quality in the St. Johns River watershed, Blue Cypress Lake, and surrounding water bodies, from adverse impacts potentially caused by the land application of Class B biosolids; and WHEREAS, County staff has met with owners of properties currently permitted r through the Florida Department of Environmental Protection to land apply Class B biosolids and owners indicated a good faith willingness to voluntarily cease Class B biosolids land application activities for the duration of the 180 day moratorium; and WHEREAS, the purpose of this ordinance is to place a temporary moratorium on land application of Class B biosolids activities, as defined herein, except where regulation of such activities is determined to be preempted to the state, for a period of time reasonably necessary for Indian River County to coordinate with the Florida Department of Environmental. Protection and investigate the impacts of land application activities upon the public health, safety, and welfare, to promulgate reasonable regulations relating to such activities if deemed advisable by the Board, and to assess their impact to Indian River County; 161 ORDINANCE NO. 2018 - NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted Each of the recitals set forth above is hereby adopted and incorporated herein. Section 2. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board, specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 3. Temporary Moratorium.. Beginning on the effective date of this ordinance and continuing for a period of 180 days, or less if provided by an ordinance by the Indian River County Board of County Commissioners, a moratorium is hereby imposed upon all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, except where determined to be inconsistent with or preempted by state law or regulation. In addition, the moratorium is hereby imposed upon all transportation activities by any person or entity that is engaged in the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. All currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill are not transporting Class B biosolids for land application purposes and thus are not affected by this ordinance or moratorium. Section 4. Expiration of Temporary Moratorium. The temporary moratorium imposed by Section 3 of this ordinance expires 180 days from the effective date of this ordinance. The moratorium may be extended or terminated early by adoption of an ordinance, or resolution of the Indian River County Board of County Commissioners. Section 5. Studv of Class B Biosolids. The Indian River County Board of County Commissioners directs the County Administrator to coordinate with the Florida Department of Environmental Protection and study in depth and report his findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect within 180 days after the effective date of this ordinance. Section 6. Exhaustion of Administrative Remedies. A property owner claiming that this ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall 3 162 4� ORDINANCE NO. 2018-- not 018-. not pursue such claim in court unless he or she has first exhausted administrative remedies. Section 7: Codification It is the intention of the Indian River County 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. �6 Section 8. 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 9. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 10. 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 71h day of July, 2018, for a public hearing to be held on the 17th day of July, 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted. The vote on this ordinance was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this 17th day of July, 2018. ATTEST: Jeffrey R. Smith, Clerk, and Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman APPROVED AS T&FORM AND LEGAL SUFFiCIENOY B� DYLA I MEINGOLD 4 COUNTY ATTORNEY 163 ORDINANCE NO. 2018 - EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of July, 2018. 164 'I TO: IRC Board of County Commissioners Jason Brown 1 FROM: Judy Orcutt 4665 Pebble Bay South Date: July 16, 2018 RE: Biosolids Land Application Resolution PD - A-, l, By passing a 6 month moratorium, the,FDEP has finally acknowledged that the land application of biosolids is an environmental nightmare. This conclusion should have been reached years ago before Lake Okeechobee became a toxic waste site that pollutes both sides of the State; creating health hazards, reducing real estate values and impacting tourist related businesses. +, It is not enough to place a 6 month moratorium on biosolids application at the Pressley Ranch. Blue Cypress Lake is the poster child that demonstrates the decline of a water body from this short-sighted policy. However, each of the permitted sites within the County has the potential for causing nutrient pollution that we, as citizens, will have to pay to clean up later under the BMAP process. I urge the Commissioners to be pro -active and pass a renewable moratorium on the land application of biosolids throughout the county. In addition, the County should immediately begin planning to mitigate the damage already caused by several years of excessive nutrient deposition (toxic waste dumping). Lake Okeechobee has 60 years of legacy load to be removed from the system to restore balance. Let's get ahead of the game and bring in the experts to figure out how to contain the nutrients and remove them on site. Funding should be requested to achieve this purpose. The Treasure Coast Regional Planning Council is proposing a resolution at their August 17, 2018 meeting, calling for the eventual elimination of the land application of biosolids throughout the State of Florida. This measure is coupled with the request for funding for Florida to fund new technologies available for biosolids resource recovery. We can no longer afford to continue dumping our waste, polluting our land and water and putting our citizen's health and economic well being at risk. W,.r 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 Joumal'in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 461741- INDIAN RIVER COUNTY ATTORNEY'S OFFICE 2057339 NOTICE OF INTENT - PUBLIC HEARING NO Pub Dates July 7, 2018 Sworn to and subscribed before me this day of, July 09, 2018, by who is Natalie Zoll (X) personally known to me or ( ) who has produced • 1 a `'o ti f q �MG Karol Kangas Notary Public as identification. f y+• ".i NAAOLEKAIMS e. NotaryN*-R*dRW& Commlsslon I GG 126041 ?0"��`AlyComm.borsJW2%2021 BundeAOcaphNaJaWN0layAwi, as identification. ­�a NOTICE OF INTENT - PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCE OF THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING A TEMPO- RARY MORATORIUM FOR 180 DAYS, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLI- CATION ACTIVITIES OF CLASS B BIOSOLIDS; PRO- VIDING FOR STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLI- CATION ACTIVITIES; PRO- VIDING FOR EXHAUSTION OF ADMINISTRATIVE REM- EDIES; AND PROVIDING FOR CODIFICATION, SEVERABIL- ITY, REPEAL OF CONFLICT- ING PROVISIONS, AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, July 17, 2018 at 9:05 a.m., or as soon there- after as the matter may be heard, in the County Commis- sion Chambers located on the first floor of Building A of the County Administrative Com- plex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected by the public during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at the Office of the Clerk to the Board of County Commissioners locat- ed on the 2nd floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a ver- batim record of the proceed- ings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meet- ing must contact the County's Americans With Disabilities Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PETER D. O'BRYAN, CHAIRMAN Pub: July 7, 2018 TCN 2057339 m"3 11A ��vER o Office of the z INDIAN RIVER COUNTY \�.,.�. ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: July 9, 2018 SUBJECT: Support for City of Vero Beach Application for Florida Department of Economic Opportunities Grant At the Board of County Commission meeting of July 3, 2018, the Board discussed a letter of support for the City of Vero Beach Airport Grant Application. During the discussion, the Board requested staff to confirm specific information and return with a draft resolution for review. The City of Vero Beach is applying for a Florida Department of Economic Opportunity Grant for Public Infrastructure to fund improvements to Aviation Boulevard. The City anticipates the grant will cover the full cost of construction, and are not expecting any funding match or participation from the County. The City of Vero Beach City Manager has advised that the City has the necessary Right -of -Way on Aviation Boulevard for the proposed improvements. The City has also confirmed that it is the City's responsibility for the railroad crossing maintenance at Aviation Boulevard. There are currently no Florida Department of Economic Opportunity Grant applications submitted for consideration by Indian River County. RECOMMENDATION: Staff recommends the Board of County Commission approve the proposed resolution in support of the City of Vero Beach application for a Florida Department of Economic Opportunity Grant for Public Infrastructure to fund improvements to Aviation Boulevard. 165 166 RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, EXPRESSING SUPPORT FOR THE CITY OF VERO BEACH'S APPLICATION TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FLORIDA JOB GROWTH GRANT FUND FOR PUBLIC INFRASTRUCTURE FOR WIDENING OF AVIATION BOULEVARD. WHEREAS, the Florida Legislature created the Florida Job Growth Grant Fund within Florida .Department of Economic Opportunity to promote economic opportunity by improving public infrastructure; and WHEREAS, the Department of Economic Opportunity and Enterprise Florida, Inc. have responsibility of identifying projects to make funding recommendations to the Governor; and WHEREAS, the City of Vero Beach has an infrastructure project that is designed.and can be completed in phases for the improvement of Aviation Boulevard from U.S. Highway 1 to 43rd Avenue which is a key east—west transportation corridor for the City of Vero Beach and Indian River County to the airport as well as the hospital; and WHEREAS, Aviation Boulevard is a 2 -lane non -divided urban minor arterial roadway that connects to County, State, and Federal roadways which has not been widened to accommodate increased traffic caused by an increase in economic activity around the airport and the hospital; and WHEREAS, Piper Aircraft, Inc., a manufacturer of small airplanes located at the airport on Aviation Boulevard, has seen an increase of its workforce by approximately 25 percent during the year 2017; and WHEREAS, Elite Airlines, LLC has been serving the airport for 2 years with increased employment and passenger traffic to the airport and had an increase in passenger traffic from 2016 to 2017 of 44%; and WHEREAS, Walking Tree Brewery, LLC, a successful craft brewery, began operations at the airport in 2016 bringing employment and increased customer traffic; and WHEREAS, Oculina Banc, Corp, Inc. opened a branch near the airport in 2014; and WHEREAS, the City of Vero Beach is in negotiations for a maintenance hangar lease for an airline which would bring approximately. 50 to 150 jobs to the airport; and WHEREAS, a hotel is currently under construction along Aviation Boulevard which will increase both employment and guest traffic; and 167 WHEREAS, the economic impact of the businesses in the airport district was found to be over $468 million in 2015 by the Florida Department of Transportation; and WHEREAS, Aviation Boulevard, as currently configured, is close to reaching a level of service that could hinder the continued economic development gains made at the airport and along the business district adjacent to the airport; and WHEREAS, widening Aviation Boulevard would benefit the continued improvement of the business environment which brings new business as well as allows existing businesses to expand;and WHEREAS, the Indian River County Board of County Commissioners believes the widening of Aviation Boulevard would benefit the City of Vero Beach, Indian River County and the region and would improve the economic development environment around the airport; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted as findings of the Indian River County Board of County Commissioners. Section 2. The Indian River County Board of County Commissioners hereby supports the City of Vero Beach's application for the Florida Department of Economic Opportunity Florida Job Growth Grant Fund for Public Infrastructure. The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , 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 Chairman thereupon declared the resolution duly passed and adopted this day of July, 2018. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY, FLORIDA IU0 By: Deputy Clerk Peter D. O'Bryan, Chairman Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 168 f�c 1 DEPARTMENTAL Date: June 10, 2018 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Assistant County Administrator / Department of General Services To: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Beth Powell, Conservation Lands Manager CC: Roland Deblois, Stan Boling) Subject: Conservation Lands Capital iProjects and Grants Update to the BCC i+ Staff has been working on multiple capital projects related to conservation lands public access improvements in furtherance of the Capital Improvements Element of the County's Comprehensive Plan. In order to leverage these funds, staff has applied for multiple grants. Below is a summary of items by category (1) In Construction, (II) In Design, Permitting & Engineering, (III) Status of Future Projects Coming for Approval, and (IV) Other Updates/Projects/Grant Opportunities. t I. STATUS OF PROJECTS FUNDED & APPROVED — IN CONSTRUCTION I 169 I County Conservation Scheduled Funding Area Improvement Status Construction Grant Funding (est. or actual) Boardwalk Contract Awarded August 2018 N/A $29,282.40 Summerlin's Approved Marine 3/20/18 Ansin Tract Construction Conservation Area SIRWMD/IRC Building Permit Issued Dock Contract Awarded TBD Florida Inland $96,025 Archie Smith Fish Repair/Rebuild Indian River Docks Navigation Approved House District 6/19/18 $90,900 Dock Contractor August 2018 N/A $25,240 Repair/Rebuild Selected Approved (Hurricane Summerlin's 5/8/18 Boat Club Island Matthew) Marine Construction IRC Bldg Permit — 169 DEPARTMENTAL .I in process I. STATUS OF PROJECTS FUNDED & APPROVED — IN CONSTRUCTION (continued) I II. STATUS OF PROJECTS FUNDED & APPROVED — IN DESIGN, PERMITTING & ENGINEERING I Conservation Area Improvement j Scheduled Construction Grant Funding County Conservation Public Use MBV Engineering Scheduled N/A Funding Area Improvement (Status Construction Grant Funding (est. or actual) Dock Contract Awarded September 2018 N/A $16,400 Hallstrom Repair/Rebuild Su�mmerlin's Approved 5/8/18 Lost Tree (Hurricane Irma) (Marine Grant Award Land & Water* $148,500 est. Island/Earman Construction Notification Conservation Island 3/26/18 October 2018 Fund IRC Bldg Permit — Submitted in process $148,500 LWCF Boardwalk Contract Awarded TBD N/A $34,094.85 Indian River Docks 1 Approved 5/1/18 SJRMWD Permit Received $3,900 Round Island South IRC Bldg Permit - To be submitted Estimated Conservation Area by; Contractor I Alternate Upland Completed $5,000 est. Trail Mowing 7/9/18 Complete Culvert Repair Completed Completed N/A $1,351.20 i1 materials South Oslo { I Riverfront Boardwalks SJRMWD Permit September 2018 $42,237.50 Conservation Area Received Approved IRC Bldg Permit - 4/17/18 in process i I II. STATUS OF PROJECTS FUNDED & APPROVED — IN DESIGN, PERMITTING & ENGINEERING I Conservation Area Improvement I Status Scheduled Construction Grant Funding County Funding (est. or actual) Public Use MBV Engineering February 2020 N/A $14,800 Improvements — Design 35% (contingent on MBV Work Order Design Complete funding) Approved 5/9/17 Hallstrom I Farmstead LWCF Application Grant Award Land & Water* $148,500 est. Conservation Area Submitted Notification Conservation 3/26/18 October 2018 Fund Submitted $148,500 LWCF $297,000 Total 170 DEPARTMENTAL 171 I' County Conservation ` Scheduled Funding Area Improvement {Status Construction Grant Funding (est. or actual) Public Use Soil Borings N/A $750.00 Improvements - Completed Design 1/23/18 Kroegel Homestead q MBV Engineering June 2019 $22,800 Conservation Area Permit application MBV Work Order Anticipate Approved 5/9/17 Submission 7/18/18 (Pre app 6/4/18) Public Access Pre -App TBD Florida Inland IRLT to fund Improvements 13/29/17 Navigation engineering, f{ District design, TRC Review $140,850 permitting & 4/26/18 — Approved 5/1/18 construction awaiting response & 5/16/17 min. $100,000/ Oyster Bar Marsh from applicant IRC estimated Conservation Area i (IRLT) cost $140,850. (IRLT & IRC Agreement Approved 4/4/17) Public Use Contract Awarded MBV Work Order Improvements— MBVIEngineering Approved 5/9/17 Design Engineering & $28,250 Design �I Soil Borings Complete $2,400 Completed 1/23/18 H I GP Grant Complete $69,356 total $17,339 Application Awaiting $52,017 Submitted to Notification Contingent upon Raisetl'Main House September 2018 grant award Jones' Pier Fruit Stand D HR Grant for January 2019 Awarded $14,OOOA Conservation Area Replacement Fruit Stand Awaiting Presented to BCC Awaiting Scope of Contract for BCC 5/2/17 Work for Approval Engineering & $33,000 total Architectural $19,000 grant Design funded -k IRC Application January 2019 $214,000 Submitted FIND Grant County Match* For+Public Use Public Use BCC Improvements & Improvements Authorization to Site Plan Approval Pending Apply Approved 6/29/18 Notification of 3/6/18 (Pre App 6/4/18) Award Expected * 171 DEPARTMENTAL A Division of Historical Resources Grant Totals: $27,550 grant funding, $17,050 County cash match, $10,500 County In-kind Total: 55,100 includes educational signs at 7 locations, fruit stand replacement (design, construction, architectural drawings, permitting), web app and educational brochure production. *If awarded, subject to BCC approval. ♦ Contract subject to BCC Approval. 172 Total Project: Archaeological Required for Complete $364,000 $4,495 Survey Environmental FIND: $150,000 Resources Permit Wetland Contract MBV $6,500 Engineering BCC Approved Wetland 1/23/18 Conceptual Design $36,800 Contract Approved 5/8/18 Carter & Assoc. for Final Wetland Design & Permitting January 2019 $142,455 Wetland Cash Est. Construction $16,700 Indian River In -Kind Est. Lagoon Presented to BCC National Estuary 3/6/18 Program Awarded for Construction (awaiting contract)* October 1, 2018 Total: $220,155 Repair Small October 2018 Grant Award: $1,800 Observation Dock Quote Received $61,000 Presented to BCC Preparing 3/6/18 Purchase Order N/A Repair Guest November 2018 $30,000 est Cottage Staff,Preparing BCC Approved (Hurricane Scope of Work for 3/6/18♦ Matthew) Repairs for bid FEMA Project documents Worksheet & Insurance A Division of Historical Resources Grant Totals: $27,550 grant funding, $17,050 County cash match, $10,500 County In-kind Total: 55,100 includes educational signs at 7 locations, fruit stand replacement (design, construction, architectural drawings, permitting), web app and educational brochure production. *If awarded, subject to BCC approval. ♦ Contract subject to BCC Approval. 172 DEPARTMENTAL III. STATUS OF PROJECTS COMING FOR APPROVAL I IV. OTHER UPDATES/PROJECTS 1 Complete a 60-150' September 2018 January 2020 Hazard County Conservation firebreak on North �� Scheduled Grant Funding Area Improvement Status Construction Funding lest or actual) Boardwalk RFP issued — no TBD (Hurricane $35,000-40,000 Oslo Riverfront Park Subdivision bids received — Matthew) estimated Harmony Oaks rebid October ( 2018 Conservation Area Ii Total Grant SJRWMD Permit Budget $65,000 , Ilssued Application Boundary Survey Complete Approved Completed & Phase 6/6/17* County -wide I ESA County -wide January 2019- Hazard $38,150 Wildfire Mitigation Trail System I Complete Complete Mitigation Grant $11,650 Project established 1 Program complete Sebastian Harbor Boardwalk & Trails Staff, preparing January 2019 TBD $200,000 - Preserve Permits & RFP for 250,000 Boardwalks estimated Site Fencing, l Staff meeting January 2020 TBD $200,000 - Parking & with City of $250,000 Stormwater Sebastian & will begin design (Contract Engineering) Culvert Repair Completed Completed $4,379 Contract Southern Man+agement Wabasso Scrub Conservation Area Boardwalk Permits and RFP January 2019 N/A $25,000-30,000 to be prepared by estimated Staff I IV. OTHER UPDATES/PROJECTS 1 I 173 Complete a 60-150' September 2018 January 2020 Hazard $32,500* firebreak on North notification Mitigation Grant estimated property line 1 Program adjacent to Forest I (Hurricane Oslo Riverfront Park Subdivision I Matthew) Conservation Area Wildfire Mitigation ; Total Grant Budget $65,000 , I Application Ii Approved 6/6/17* County -wide Complete County- County -wide January 2019- Hazard $38,150 Wildfire Mitigation wide Wildfire Wildfire January 2022 Mitigation Grant ESA Contract to Project Assessment & Mitigation Plan Program complete Completed County -Wide I 173 DEPARTMENTAL *If awarded, subject to BCC approval ANALYSIS: NATIONAL FISH & WILDLIFE FEDERATION— NATIONAL RESLIENCE FUND On July 7, 2018, staff was made aware of a federal funding opportunity through the National Oceanic & Atmospheric Administration (NOAA) that focuses on restoring, increasing and strengthening natural infrastructure to protect coastal communities while enhancing habitats for fish and wildlife. The National Coastal Resilience Fund will be investing $30 million in the restoration or expansion of natural features such as wetlands, coastal marshes and barrier islands. The County received funding from the US Fish & Wildlife Service in 2009 to create a Master Restoration Plan for the Lost Tree Conservation r Area outer islands. This plan was the preliminary step to outline possible restoration efforts, but did not include detailed design plans, scope of work project schedule & budget, permitting requirements and possible funding sources for construction. i Due to the ecological complexity and multi -phased effort required for restoration, staff's approach would be to complete the formal project planning and design necessary to allow for a phased construction approach that will give the County maximum flexibility for implementation. This will include full design and permitting services, preparing preliminary bid documents and cost estimates which will allow the County to take advantage of grant funding opportunities for construction. It has been staff's experience that projects that are fully permitted are most competitive for funding. Potential funding sources for construction may include Indian River Lagoon National Estuary Program, 174 Complete Wildfire (Hurricane Wildfire Plan Mitigation Matthew) (reimbursable) Awaiting Approved notification of Total Grant 1/23/18 Grant Award Budget September 2018 $280,754* expected (Includes ESA I contract & in- kind svcs.) $70,188.50* ' Cash & In-kind Application Approved 6/6/17* Architectural & Statement of Contracts N/A $0 Design Services' Qualifications estimated to be Multiple Projects RFQ Received 1 in place by I Oct Nov 2018 Pending Ranking by Staff Provide Application Grant Request County Proposed engineering, design Deadline: Proposed: Match: National Fish & and permitting for August 9, 2018 $150,000* $150,000* Wildlife Federation the three large — National Coastal islands: Earman Resilience Fund Island, Duck Head 1 i Possible: Lost Tree Island & Hog's Head Island Island — plan would Conservation Area incorporate public improvements with restoration design. I *If awarded, subject to BCC approval ANALYSIS: NATIONAL FISH & WILDLIFE FEDERATION— NATIONAL RESLIENCE FUND On July 7, 2018, staff was made aware of a federal funding opportunity through the National Oceanic & Atmospheric Administration (NOAA) that focuses on restoring, increasing and strengthening natural infrastructure to protect coastal communities while enhancing habitats for fish and wildlife. The National Coastal Resilience Fund will be investing $30 million in the restoration or expansion of natural features such as wetlands, coastal marshes and barrier islands. The County received funding from the US Fish & Wildlife Service in 2009 to create a Master Restoration Plan for the Lost Tree Conservation r Area outer islands. This plan was the preliminary step to outline possible restoration efforts, but did not include detailed design plans, scope of work project schedule & budget, permitting requirements and possible funding sources for construction. i Due to the ecological complexity and multi -phased effort required for restoration, staff's approach would be to complete the formal project planning and design necessary to allow for a phased construction approach that will give the County maximum flexibility for implementation. This will include full design and permitting services, preparing preliminary bid documents and cost estimates which will allow the County to take advantage of grant funding opportunities for construction. It has been staff's experience that projects that are fully permitted are most competitive for funding. Potential funding sources for construction may include Indian River Lagoon National Estuary Program, 174 DEPARTMENTAL Florida Inland Navigation District, Florida Department of Environmental Protection, St. Johns River Water Management District, Florida Fish & Wildlife Conservation Commission and other public agencies. Staff's design approach for this grant application would include consideration for inclusion of oyster beds, shoreline and seagrass restoration, exotics removal, wetland creation, upland restoration, habitat for listed species, innovative water quality improvements and green technology. RECOMMENDATION: Staff requests the Board to review and discuss the projects presented herein. Additionally staff respectfully requests the Board to evaluate the National Fish & Wildlife Federation — National Resilience Fund Grant RFP and direct staff as to whether to proceed with the grant application for the Lost Tree Islands Conservation Area. ATTACHMENT: National Fish and Wildlife Federation — National Coastal Resilience Fund 2018 Request for Proposals 175 eo W1to yrr ��F n '� 0 NFWF J C t = O 1 NATIONAL COASTAL RESILIENCE FUND INCREASING THE NATION'S NATURAL DEFENSES a 2018 REQUEST FOR PROPOSALS a RFP Overview Webinar: Wednesday, July 11, 2018 3:00 PM Eastern Time Full Proposal Due Date: Tuesday, August 7, 2018 11:59 PM Eastern Time OVERVIEW The National Fish and Wildlife Foundation (NFWF) is pleased to announce the National Coastal Resilience Fund. Projects funded under this national program will provide benefits to communities, as well as for fish and wildlife. In partnership with NOAA, NFWF will make investments to advance identified priorities for restoring and strengthening natural systems so they can protect coastal communities from the impacts of storms and floods and enable them to recover more quickly, while also enhancing habitats for important fish and wildlife populations. Contiguous areas of natural habitat such as coastal marshes and wetlands, dune and beach systems, oyster and coral reefs, and coastal forests and rivers and streams -- maintained at a significant size for the habitat type -- provide communities with enhanced protection and buffering from the growing impacts of sea -level rise, changing flood patterns, increased frequency and intensity of storms, and other environmental stressors. NFWF identifies these types of natural areas as "Resiliency Hubsl" — areas where natural resource restoration efforts will have the greatest impact for human community resilience, as well as for fish and wildlife — and have prioritized these areas that provide dual benefits under this program. NFWF will award up to $30 million in grants to create, expand and restore natural systems in areas that will both increase protection for communities from coastal storms, sea and lake level changes, flooding, and coastal erosion and improve valuable habitats for fish and wildlife species. NFWF will invest in projects in two focus areas: • Project Planning and Design • Project Implementation This program is funded by and closely coordinated with the National Oceanic and Atmospheric Administration (NOAA) and will include input from other federal agencies and outside experts. GEOGRAPHIC FOCUS 'More about NFWF's Coastal Resilience Assessment and "Resiliency Hubs" can be found at http://www.nfwf.org/coastalresilience. It is not required that projects have completed a NFWF assessment or are classified as a resiliency hub by NFWF to be eligible. 176 Page 1 of 11 9.ro witova O � C < 2 � JO !VN ♦e a0 Projects must be located within the coastal areas of U.S. coastal states, including the Great Lakes states, and territories2. For the purpose of this funding opportunity, the eligible project area is defined as all coastal Hydrologic Unit Code (HUC) 8 watersheds that drain to the ocean and Great Lakes and any adjacent HUC 8 watersheds that are particularly low-lying or tidally influenced. An interactive map of the eligible areas can be found at https://arcg.is/90mSf . This program will be implemented as a national program focused on enhancement of resilience for coastal communities across the U.S., and award decisions will be made based on regional circumstances, needs, and priorities. Project interventions that help reduce regional threats, include, but are not limited to: changes in sea and Great Lakes levels; storm surge; ocean surge and tsunamis; increased flooding, including inland flooding, due to storms; subsidence; erosion; loss of sea ice; sea level rise and high tides, saltwater intrusion into coastal aquifers, or other impacts. Many of these threats are connected (e.g. subsidence exacerbates relative sea level rise leading to increased flooding), and the program anticipates that the proposed projects will address reducing vulnerability to multiple threats, as appropriate. PROGRAM PRIORITIES In this initial year, the program will capitalize on extensive threat and vulnerability assessments and regional/local coastal planning that has been done to date and focus investments on preparing projects prioritized through these planning efforts and supporting their implementation. Applicants should apply under the focus area that best meets their needs. Please note that combined requests for both planning and implementation activities will NOT be considered. Project Planning and Design. Recognizing that natural infrastructure projects require a phase of assessment, planning, design and permitting, applicants may request funding to support this phase of project development for on -the -ground projects. These awards are expected to range from $100,000 to $250,000. Such funding may be used to support the preparation of cost -benefit analysis, conceptual designs, engineering plans, stakeholder engagement efforts, and detailed cost estimates and other related tasks to position projects for project -ready implementation. If applicable, proposals should describe how the proposed project will facilitate innovative approaches to enhance coastal resilience with natural infrastructure or how the project will help to enable future resilience initiatives. Broad threat assessments and preliminary scoping efforts to identify project needs are not a priority for grant awards this inaugural year. The focus will be on project -level planning and design to advance high-priority projects that have already been identified as needs through previous assessments and scoping efforts. While project planning and design grants are not expected to achieve immediate environmental or conservation outputs and outcomes, proposals should demonstrate that the resulting project plan will be sufficient to meet requirements for environmental review and 'Including Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. Page 2 of 11 177 'p0 WILOt'Nwn gr Y O J C < 2 ZO YO rah ♦( NO permitting, and when implemented, will address needs prioritized through a formal coastal resilience planning process and meet specific program goals related to community resilience and ecosystem enhancements. Proposals should explain how key;partners and stakeholders (e.g., local government leaders, federal and state regulatory and resource agencies) will be involved in the project planning, design and approval. Applicants are encouraged to include information on future sources of funding and to provide letters of support to demonstrate that the intended project is a priority and strong candidate for implementation once planning is completed. Planning and design projects should be able to be completed within 18 months of the start of the grant. 2. Project Implementation. The largest portion of funds will be directed to implementation projects, with most awards expected to range from $500,000 to $3,000,000. Projects proposed under this category are expected to have already been prioritized through a formal planning process that addresses coastal resilience and have completed all necessary designs and engineering planning for implementation. Projects that have also secured all necessary permits will receive higher priority for funding. I Proposals must demonstrate how projects will protect and enhance resilience of natural systems and help mitigate the impacts of future storms and other flooding events and threats on local community assets (such as, emergency services, infrastructure and property), as well as the anticipated benefit to fish and wildlife. Projects should result in measurable and observable improvements to these systems. Projects can be conducted on Federal, state or local government lands or private lands where there is a sufficient commitment to the protection of those lands for conservation purposes. Given the goals of coastal resilience, projects that consider the larger landscape and involve multiple landowners and/or partner's and jurisdictions, as appropriate, are encouraged. Proposals should explain how keypartners and stakeholders (e.g., local government leaders, federal and state regulatory and resource agencies) will be involved in the implementation process. Applicants are encouraged to provide letters of support from partners and beneficiaries to demonstrate that project's importance, readiness, and high priority to address resilience needs. ' Implementation projects should be able to be completed within three years of the start of the grant. Acquisition of land and easements is not an eligible activity (although it can be part of the match). Eligible projects include ecosystem restoration projects and the construction of natural, nature -based, and green -gray (hybrid) infrastructure, where tangible community resilience and conservation outcomes can be measured. Eligible restoration projects include, but are not limited to, restoration of subtidal habitat (e.g. oyster and coral reefs), beaches, dunes, Page 3 of 11 1 178 h � O J C < 2 O Y Nw bluffs, and barrier islands, wetlands and marshes, coastal forests, and coastal watershed rivers and streams. Restoration projects should advance resilience goals (e.g. reduction of storm surge impacts), conservation goals (e.g. creation of habitat for native species), and community goals (e.g. protecting critical assets). Living shoreline projects that advance both conservation goals and community resilience goals are also eligible. While the focus of competitive proposals will be on priority project implementation, NFWF and NOAA understand that implementation projects can be important springboards to test innovative approaches to managing coasts for resilience and to set the stage for future resilience initiatives. NFWF and NOAA are interested in funding implementation projects that will also benefit the broader community engaged in resilience planning and implementation, and will consider. funding the following activities as part of an implementation project: • Innovative design approaches to enhance coastal resilience with natural infrastructure - Applicants that are interested in testing innovative designs should outline the evidence that supports the need and justification for the proposed approach and describe the monitoring and analytical protocols and outreach approach that will allow the project to be understood as a case study to inform the broader resilience community. These applicants may be asked to work with NFWF to further develop monitoring protocols for specific research questions and to track lessons learned to help streamline and build capacity for future implementation projects • Community engagement, incentives, and capacity building for coastal resilience — Applicants may include activities that contribute to the successful implementation of a project that can also benefit the broader community engaged in coastal resilience planning and implementation, including planning leaders, restoration project managers, community leaders, agencies undertaking regulatory review, scientists, and others. This may include activities such as stakeholder and community engagement, building support for nature -based projects; using a project to learn from and build capacity within or across the community, such as training and guidance documents based on lessons learned; advancing the development of incentives to increase participation in resilience initiatives or other activities, as appropriate. Applicants should describe how such activities would contribute to immediate project implementation success and regional resilience goals. Program applicants are encouraged to limit these related but ancillary activities to 10% or less of the total NFWF budget request and to fund these activities with matching funds where possible. PROJECT METRICS To better gauge progress on individual grants and to ensure greater consistency of project data provided by multiple grants, applicants will be asked to report on specific metrics from the list 3 Additional funding may be available to address these requirements, if applicable. Page 4 of 11 179 NO WILD yrr V � a` p � c < Z io YO below that relate to their project. Applicants should select only the most relevant metrics from this list for their project (all possible project metrics for this program are shown in the table below). In most cases this will be 1-2 metrics from the project category section and 2-3 metrics from the outcome section. For restoration metrics please only represent one acre/mile in one metric, do not include under several metrics. If you are enhancing a floodplain that is also considered a wetland just select the most relevant habitat. If you think an applicable metric has not been provided, please contact Michelle Pico, pico(@,,nfwf.org to discuss acceptable alternatives. In addition to the project metrics listed below, NFWF will be working on additional ecological and socio-economic indicators to better assess the projects' impacts on resilience. NFWF may invite a select number of applicants to build in increased monitoring for this purpose or commission a third - party to collect data consistently across the suite of funded resilience projects post -award. All awardees under this program may be engaged during their period of performance or in the years following to support these evaluation efforts. Note: NFWF metrics are listed in three parts for standard organization across all of the foundation's programs — not everything in the broader metric organization will be relevant to the metric that is recommended. For example — the metric # of Engineering and Design Plans Developed, is found under the broader subcategory of `Restoration Planning/Design/Permitting', which is found under the parent category, "Planning, Research, Monitoring" — but that does not mean that these broader categories are to be included in the metric or are even eligible for this program. To make this easier, we have bolded the relevant metric for this program. Project Activity Recommended Metric Additional Guidance Planning and Design Engineering and Planning, Research, Monitoring tion — Restora Enter the number of Engineering and Design Design Plans plannioradesign/permitting - # Plans developed. Generally there will be one Developed E&D lans developed plan per project to be constructed. Capacity, Outreach,Incentives Enter the number of municipalities, local, Government Agency Participation and — Outreach/Education/Technical state, and federal government entities Engagement Assistance - # of governmental participating in the project and add the names Restoration ies art entitici atin of these institutions in the notes. Implementation Page 5 of 11 180 Habitat Restoration — Enter the number of acres restored. In the Floodplain Restoration Floodplain Restoration — Acres notes, indicate the type(s) of flood plain Restored habitat (i.e., coastal forest) restored and restoration method(s). Habitat Restoration =Beach Enter the number of miles of beach or dune Beach and/or Dune habitat quality improvements — restored. In the notes indicate restoration Restoration Miles Restored action(s) taken (e.g., beach renourishment, dune vegetation planting). Page 5 of 11 180 po WILO y?� � F r n c NFWFc < _ u �o Outcomes Planning, Research, Monitoring — Community Benefits Projected - # of Critical Facilities or Infrastructure Within Radius of Enhanced Community Benefits Protection Enter the number of critical infrastructure assets or facilities that are within the radius of enhanced protection". This can include those necessary or ensuring public health and safety such as, hospitals, shelters, emergency and evacuation routes, fire and police stations, etc. as well as critical infrastructure — wastewater treatment facilities, power plants, etc. Planning Research, Monitoring Enter the number of commercial or residential — Community Benefits properties within the radius of enhanced Projected - # of Properties with Enhanced Protection protection. ° The radius of enhanced protection refers to the area predicted to benefit from an implementation project. 181 Page 6 of 11 Enter the total number of marsh or wetland acres restored. In the notes indicate the type of Marsh/Wetland Habitat Restoration — Wetland wetland (e.g., freshwater woody wetland, salt Restoration Restoration — Acres Restored marsh) and restoration method(s) used (e.g., invasive species removal, thin -layer dredge deposition). Habitat Restoration —Marine Enter the number of acres of oyster or coral Oyster or Coral Reef Habitat Restoration — Acres reef structures restored. In the notes indicate Restoration the type of reef restored — oyster reef or coral Restored reef. Enter the number of miles of instream habitat restored. Note, this is in -stream restoration Habitat Restoration — Instream o o only. Stream miles opened should NOT be In -stream Restoration Restoration Miles Restored counted under this metric. Please use either the Floodplain Restoration metric (above) or { the Aquatic Connectivity metric (below), as appropriate, to count those miles restored. Habitat Restoration, — Fish Enter the number of fish passage barriers Passage Improvemnts - # of rectified and in the notes indicate the number fish passage barriers rectified of remaining barriers in the system. Aquatic Connectivity Restoration Enter the number of stream miles opened and, Habitat Restoration— Fish in the notes, those miles as a percentage of Passage Improvements — miles habitat available for restoration or of stream opened i reconnection. Outcomes Planning, Research, Monitoring — Community Benefits Projected - # of Critical Facilities or Infrastructure Within Radius of Enhanced Community Benefits Protection Enter the number of critical infrastructure assets or facilities that are within the radius of enhanced protection". This can include those necessary or ensuring public health and safety such as, hospitals, shelters, emergency and evacuation routes, fire and police stations, etc. as well as critical infrastructure — wastewater treatment facilities, power plants, etc. Planning Research, Monitoring Enter the number of commercial or residential — Community Benefits properties within the radius of enhanced Projected - # of Properties with Enhanced Protection protection. ° The radius of enhanced protection refers to the area predicted to benefit from an implementation project. 181 Page 6 of 11 p o NFWF J C t Z C ;O Capacity, Outreach, Incentives — Building Institutional Capacity - # of Organizations Engaged Capacity Building Capacity, Outreach, Incentives — Outreach/Education/ Technical Assistance - # of Individuals Reached by Outreach, Training, or Technical Assistance Activities ELIGIBILITY Eligible and Ineligible Entities Enter the number of organizations engaged and contributing to project goals In the notes, please indicate the nature of organizations involved (e.g., municipal or state government, nonprofit, community groups, etc.). Enter the number of people demonstrating a minimum level of knowledge, attitudes or skills to enable them to become resiliency leaders. This metric refers to people other than staff or FTEs. In the notes include the hours of training and participant demographics. Eligible applicants include non-profit 501(c) organizations, state and territorial government agencies, local governments, municipal governments, Native American tribal governments, educational institutions, or commercial (for profit) organizations. Tribal governments include all Native American tribal governments (both Federally -recognized tribes and those tribes that are not Federally -recognized). As this program will award grants of Federal financial assistance funds, applicants must be able to comply with the OMB guidance in subparts A through F of 2 CFR 200 QMB Uniform Guidance). Ineligible applicants include federal agencies or employees of federal agencies, foreign organizations, foreign public entities and unincorporated individuals. Ineligible Uses of Grant Funds • NFWF funds and matching contributions may not be used to support political advocacy, fundraising, lobbying, litigation, terrorist activities or Foreign Corrupt Practices Act violations. • NFWF funds may not be used to support ongoing efforts to comply with legal requirements, including mitigation and settlement agreements. However, grant funds may be used to support projects that enhance or improve upon existing baseline compliance efforts. • All projects must take place within the United States or territories or their respective waterways. FUNDING AVAILABILITY AND MATCH Page 7 of 11 182 '0WILD 4A N�'ls�w F a o c < z c �o ryN�Na. The National Coastal Resilience Fund will award up to $30,000,000 in grants in 2018. Project awards are expected between $100,000 and $3,000,000 in accordance with the guidance provided under the Program Priorities section above. A minimum 1:1 non-federal match in cash or in-kind services is expected for all awards. EVALUATION CRITERIA All proposals will be screened for relevance, accuracy, completeness and compliance with NFWF and funding source policies. Proposals will then be evaluated based on alignment with the priorities of the program and the extent to which they meet the following criteria. I Prioritized in Existing Plans — The most;competitive projects will be those that have been prioritized through an existing planning process at the state, tribal, regional or local level that addresses coastal resilience. Projects should also support habitat and fish and wildlife restoration goals of NFWF and NOAA and complement other federal, tribal, state and local conservation priorities, such as State Wildlife Action Plans, which are consistent with the goals of this program and can clearly connect conservation and coastal community resilience actions and outcomes that are regionally relevant. Technical Merit — Project is technically sound and feasible, and the proposal sets forth a clear, logical and achievable work plan and timeline. Project engages appropriate technical experts throughout project planning, design and implementation to ensure activities are technically sound and feasible. Transferability — Project includes a plan to transfer lessons learned to other communities and/or to be integrated into government programs and policies. Communication — Project includes a detailed plan to communicate information about the project to appropriate audiences. Monitoring and Adaptive Management — Project includes a plan for monitoring progress during and after the proposed project period to track project success and adaptively address new challenges and opportunities as they arise. Long-term Sustainability — Project design either does not require maintenance, or will be maintained to ensure benefits are achieved and sustained over time. Narrative includes how future funding will be secured to implement necessary long-term monitoring and maintenance activities. For planning and design projects, narrative;includes information on likely sources of funding for project implementation. Past Success — Applicant has a proven track record of success in implementing large-scale projects with specific, measurable results. Partnership — Applicants demonstrate strong partnerships with Federal, state and local agencies, existing regional partnerships such as Landscape Conservation Cooperatives as well.as Page 8 of 11 183 �O WILD �r� 4�F a � 0 J C 2 communities, and non-profit organizations necessary to implement the project. Project is supported by a strong local partnership, including key state agencies with responsibility for developing and implementing coastal resilience plans, to leverage additional funds and sustain it after the life of the grant. Budget - The budget is cost-effective for the resilience and habitat benefits to be accomplished, is in-line with industry standards, is generally reasonable, and leverages other financial contributions. OTHER Budget — Costs are allowable, reasonable and budgeted in accordance with NFWF's Budizet Instructions cost categories. Federally funded projects must be in compliance with OMB Uniform , Guidance as applicable. Matching Contributions — Matching Contributions consist of non-federal cash, contributed goods and services, volunteer hours, and/or property raised and spent for the Project during the Period of Performance. Larger match ratios and matching fund contributions from a diversity of partners are encouraged and will be more competitive during application review. Procurement — If the applicant chooses to specifically identify proposed Contractor(s) for Services, an award by NFWF to the applicant does not constitute NFWF's express written authorization for the applicant to procure such specific services noncompetitively. When procuring goods and services, NFWF recipients must follow documented procurement procedures that reflect applicable laws and regulations. t Publicity and Acknowledgement of Support — Award recipients will be required to grant NFWF the right and authority to publicize the project and NFWF's financial support for the grant in press releases, publications and other public communications. Recipients may also be asked by NFWF to provide high-resolution (minimum 300 dpi) photographs depicting the project. Receiving Award Funds — Award payments are primarily reimbursable. Projects may request funds for reimbursement at any time after completing a signed agreement with NFWF. A request of an advance of funds must be due to an imminent need of expenditure and must detail how the funds will be used and provide justification and a timeline for expected disbursement of these funds. Compliance Requirements — Selected projects may be subject to requirements under the National Environmental Policy Act, Endangered Species Act (state and federal), and the National Historic Preservation Act. Documentation of compliance with these regulations must be approved prior to initiating activities that disturb or alter habitat or other features of the project site(s). Applicants should budget time and resources to obtain the needed approvals. As may be applicable, successful applicants may be required to comply with additional Federal, state or local requirements and obtain all necessary permits and clearances. Page 9 of 11 184 hr1�#e w1Lo4F r 0 J C 2 ' Zp y0 Quality Assurance — If a project involves significant monitoring, data collection or data use, grantees will be asked to prepare and submit quality assurance documentation (www.epa.gov/quality) and must comply with NOAA's Data Sharing Policy for all environmental data. Applicants should budget time and resources to complete these tasks. Permits — Successful applicants will be required to provide sufficient documentation that the project expects to receive or has received all necessary permits and clearances to comply with any Federal, state or local requirements. Where projects involve work in the waters of the United States, NFWF strongly encourages applicants to conduct a permit pre -application meeting with the U.S. Army Corps of Engineers prior to submitting their proposal. In some cases, if a permit pre - application meeting has not been completed, NFWF may require successful applicants to complete such a meeting prior to grant award. Federal Funding — The availability of federal funds estimated in this solicitation is contingent upon the federal appropriations process. Funding decisions will be made based on level of funding and timing of when it is received by NFWF. TIMELINE Dates of activities are subject to change. Please check the program page of the NFWF website for the most current dates and information: http://www.nfwf.org/coastalresilience RFP Overview Webinar: Full Proposal Due Date: Review Period Awards Announced HOW TO APPLY July 11, 2018 3:00 PM EDT August 7, 2018 11:59 PM EDT August -October, 2018 November, 2018 All application materials must be submitted online through National Fish and Wildlife Foundation's Easygrants system. 1. Go to easyp_rants.nfw£org to register in our Easygrants online system. New users to the system will be prompted to register before starting the application (if you already are a registered user, use your existing login). Enter your applicant information. Please disable the pop-up blocker on your internet browser prior to beginning the application process. 2. Once on your homepage, click the "Apply for Funding" button and select this RFP's "Funding Opportunity" from the list of options. 3. Follow the instructions in Easygrants to complete your application. Once an application has been started, it may be saved and returned to at a later time for completion and submission. APPLICATION ASSISTANCE Page 10 of 11 185 Nr'00 WILD L" NFWF 4 � O J C < j xO ,b 1 A PDF version of this RFP can be downloaded here. A Tip Sheet is available for quick reference while you are working through your application. This document can be downloaded here. Additional information to support the application process can be accessed on the NFWF website's Applicant Information page. I' For more information or questions about this RFP, please contact: Michelle Pico, pico@nfwf ori or 262-567-0601 For region specific assistance, please contact: I ou have a question about... Please contact... Northeastern states (Maine to Virginia) : Amanda Bassow — Amanda.Bassow@nfwf.org Southeastern and Gulf States (North Carolina to Texas) 1 Suzanne Sessine — Suzanne.Sessine@nfwf.org West Coast and Alaska Femke Freiberg - Femke.Freiberg@nfwf.org Great Lakes Aislinn Gaucha - Aislinn.Gaucha nfwf.or Hawaii, Caribbean and Pacific territories'. Michelle Pico — Michelle.Pico@nfwf.org For issues or assistance with our online Easygrants system, please contact: Easygrants Helpdesk Email: Easyuants(i0fwf.org I Voicemail: 202-595-2497 1 Hours: 9:00 am to 5:00 pm ET, Monday -Friday. Include: your name, proposal ID #, e-mail address, phone number, program you are applying to, and a description of the issue. ' Page 11 of 11 1 186 /aCt INDIAN RIVER COUNTY, FLORIDA it DEPARTMENT OF UTILITY SERVICES Date: July 09, 2018 d To: Jason E. Brown, County Administrator i From: Vincent Burke, P.E., Director of Utility Services i Subject: Blue Cypress Lake Informational Update BACKGROUND/ ANALYSIS: At the June 19, 2018, Board of County Commissioners (BCC) meeting, the BCC directed staff to perform the following tasks: Task # Status 1. Craft a temporary biosolids moratorium Draft Developed. Public hearing July 17, 2018 2. Seek historical testing data Compiled and presented to BCC July 10, 2018 • Work with regulatory agencies on testing On going. Staff has reached out to both the FDEP parameters to identify cause of elevated and SJRWMD. nutrient levels 3. Reach out to property owners Met June 26, 2018; site visit June 29, 2018 4. Submit nominations to the FDEP Biosolids Technical Advisory Committee (T.A.C.) Completed 5. Work on legislative changes On going At the June 19th meeting, an interested stakeholder appropriately suggested that the county reach out to the agricultural property owners within the county that land apply Class B biosolids. On Tuesday, June 26, 2018, several interested stakeholders, contractors, property owners and subject matter experts met with County staff to discuss recent newspaper articles, mycrosystin, the June 19th Board meeting, and the process of land applying Class B biosolids. The discussions were very helpful for staff to understand some of the logistics and operations associated with the,application of Class B biosolids, and it was suggested that staff bring some of this information back to the BCC. During the discussions, one of the largest property owners near Blue Cypress Lake invited staff to see first- hand his biosolids application site. On Friday June 29, 2018, several county staff visited the Pressley Ranch. The purpose of this agenda item is to notify the Board about staff's recent activities, and to share pictures of their recent site visit. There is no funding associated with this informational item. RECOMMENDATION: Staff recommends that the Board of County Commissioners allow staff to present this information during the public hearing for a temporary moratorium of land applied Class B biosolids. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D41F7F2D\@BCL@D41F7F2D.docx Page 1 of 487 /58a-., INDIAN RIVER COUNTY 1 4lV F�\t, -� 1.SF, SOLID WASTE DISPOSAL DISTRICT, �LORI�p''CyC1�� BOAR, D MEMORANDUM . Date: July 6, 2018 To: Jason E. Brown, County Administrator .I From: Vincent Burke, P.E., Director of Utility Services Thru: Himanshu H. Mehta, P.E.; Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Stephanie C. Fonvielle, Rl cycling Education and Marketing Coordinator, SWDD Subject: SWDD Quarterly Recycling Update FY17/18-3rd Quarter 3`d QUARTERLY UPDATE: For the third quarter of FY 2017/18, the average monthly recycling tonnages continue to be higher than the previous two years of single -stream recycling. Month FY 2015/16 FY 2016/17 FY 2017/18 April 11,656 1,629 1,759 May 111626 1,803 2,158 June 1;493 1,648 1,545 Average Monthly Tonnage 1,592 1,693 1,821 RECYCLING RATE UPDATE FOR 2017 The official 2017 recycling rates for all counties in Florida were posted to the Florida Department of Environmental Protection (FDEP) website on July 2, 2018. We are very happy to report that the FDEP- approved 2017 recycling rate for Indian River County (IRC) is 64%. This is a considerable increase from IRC's 2016 recycling rate of 53%, and IRC has successfully reached and even exceeded the FDEP interim goal of reaching 60% by 2017. When the counties are sorted by total recycling credits, which includes renewable energy credits, IRC is ranked at #10 out of 67 counties. When renewable energy credits are excluded and only traditional recycling credits are considered, IRC is ranked #4. The rise in IRC's recycling rate is a result of recycling increases in the public sector from 44,386 tons of recycling in 2016 to 49,405 tons in 2017, as well as the private sector, which rose from 168,182 tons of recycling in 2016 to 277,564 tons in 2017. 1 RECYCLING EVENTS AND EDUCATION: On April 7, 2018, SWDD partnered with Southeast Secure Shredding to cohost the Spring Paper Shredding Event at Southeast Secure Shredding's facility on US Highway 1. Informational handouts and giveaways were given to 540 residents that visited the event and over 19,200 lbs of paper was collected and recycled. This was a slight decrease from last year's spring event, which brought in 700 cars and about 20,800 lbs of paper. igg @BCL@2826AD72.docx -Page 1- For the first time, SWDD organized and hosted a Waste Tire Amnesty Day Event on April 28, 2018. For one day, all five customer convenience centers and the main county landfill accepted up to 10 tires free of charge. In addition to our traditional print and advertising campaign, SWDD staff also supplied the Mosquito Control District, the IRC Sheriffs office, Code Enforcement, and the Florida Department of Health with flyers to help hand out to residents. The event brought in 9,420 lbs of tires and the County received a reimbursement of $400.35 from FDEP to cover the cost of tire transportation and disposal through SWDD's contracted waste tire company, Wheelabrator. On June 9, 2018, SWDD partnered with Waste Management to host the summer Electronics and Household Hazardous Waste (HHW) Recycling Event at the Intergenerational Recreation Center. The event brought in 170 cars and recycled 4,742 lbs. of electronics as well as paint cans, propane tanks, pesticides, and other HHW. The turnout for the event was surprisingly smaller than our previous summer event in August, which brought in 265 cars and over 9,600 lbs of electronics. In addition to the Recycling Collection Events, SWDD also launched the Mailer Campaign in April 2018 where general recycling information was mailed to single-family and multi -family homes across IRC. The mailer contained information about SWDD's online survey, which was open to the public until June 1, 2018. The questions in the survey were designed to access the public's response to the new garbage and recycling programs implemented in October 2015 and provide an opportunity for residents to express questions or concerns. In total, 995 residents filled out the survey. SWDD staff will be presenting the results of the survey to SWDD Board during the 3rd Quarterly Recycling Update presentation. SWDD staff has also been able to individually respond to each resident that raised a question or concern in the comments section of the survey. Ms. Joan King won the $25 gift card to Countryside Citrus, and Mr. Michael Galen won the $100 gift card to Target. ATTACHMENTS: 1. Online SWDD Survey Questions @BCL@2826AD72.docx Page -